# ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 420151003
- **title:** ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2015-03-12
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.614(a), 192.614(c)(4), 192.614(c)(5), 192.614(c)(6)(i).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-420151003.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420151003.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420151003
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420151003
**body:**

Notice of Probable Violation involving ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.614(a),  192.614(c)(4),  192.614(c)(5),  192.614(c)(6)(i). The case was opened on 2015-03-12 and is reported as closed as of 2016-07-18. Proposed civil penalty: $138,200. Assessed civil penalty: $138,200. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

420151003_Closure Letter_07182016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Closure%20Letter_07182016.pdf

420151003_Closure Letter_07182016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Closure%20Letter_07182016_text.pdf

420151003_Final Order_04292016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Final%20Order_04292016.pdf

420151003_Final Order_04292016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Final%20Order_04292016_text.pdf

420151003_NOPV PCP PCO_03122015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_NOPV%20PCP%20PCO_03122015.pdf

420151003_NOPV PCP PCO_03122015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_NOPV%20PCP%20PCO_03122015_text.pdf

420151003_Operator Response to Notice_04162015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Operator%20Response%20to%20Notice_04162015.pdf

420151003_Closure Letter_07182016_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 18, 2016
Mr. Paul Brewer
Executive Vice President
Enable Mississippi River Transmission, LLC
1111 Louisiana Street
Houston, Texas 77002
CPF 4-2015-1003
Dear Mr. Brewer:
On October 22, 2014, a representative from the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an
investigation related to the natural gas incident that occurred in Newport, Arkansas. As a result of
the investigation, a Final Order was issued on April 29, 2016 to Enable Mississippi River
Transmission, LLC (EMRT) requiring amendments to their Damage Prevention procedures
regarding the tracking and tracing of line locate requests.
EMRT submitted its amended procedures on July 11, 2016. My staff reviewed the amended
procedures, and it appears that the inadequacies outlined in this Final Order have been corrected
and payment of the penalty has been made.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
R.M. Seeley
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration

420151003_Final Order_04292016_text.pdf

April 29, 2016
Mr. Rodney Sailor
President & CEO
Enable Mississippi River Transmission, LLC
1111 Louisiana Street
Houston, TX 77002
Re: CPF No. 4-2015-1003
Dear Mr. Sailor:
Enclosed please find the Final Order issued in the above-referenced case. It makes one finding
of violation, assesses a civil penalty of $138,200, and specifies actions that need to be taken by
Enable Mississippi River Transmission, LLC, to comply with the pipeline safety regulations.
The penalty payment terms are set forth in the Final Order. When the civil penalty has been paid
and the terms of the compliance order completed, as determined by the Director, Southwest
Region, this enforcement action will be closed. Service of the Final Order by certified mail is
deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Rodrick M. Seeley, Director, Southwest Region, OPS
Mr. Walter Ferguson, Senior Vice President, Enable Mississippi River Transmission,
LLC
Mr. Chris Bullock, Director DOT Compliance, Enable Midstream Partners, LP
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of )
Enable Mississippi River Transmission, LLC, ) CPF No. 4-2015-1003
a subsidiary of Enable Midstream Partners, LP,)
Respondent. )
)
)
)
)
FINAL ORDER
Pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an
incident involving the gas pipeline system operated by Enable Mississippi River Transmission,
LLC (Enable or Respondent), near Newport, Arkansas. Enable is a subsidiary of Enable
Midstream Partners, LP, a natural gas operator whose facilities include approximately 12,300
miles of gathering lines, 7,900 miles of interstate pipeline, and 2,200 miles of intrastate
pipelines.1
The investigation arose out of an excavation-related accident involving Enable’s 26” Mainline 3
(ML 3) line near Newport, Arkansas. On October 22, 2014, Enable’s unmarked ML 3 pipeline
was struck by Tanner Construction Company, Inc. (Tanner), resulting in the release of 11
MMCF of natural gas.
As a result of the investigation, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated March 12, 2015, a Notice of Probable Violation, Proposed Civil
Penalty, and Proposed Compliance Order (Notice), which also included warnings pursuant to
49 C.F.R. § 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
Enable had violated 49 C.F.R. § 192.614 and proposed assessing a civil penalty of $138,200 for
the alleged violation. The Notice also proposed ordering Respondent to take certain measures to
correct the alleged violation. The warning items required no further action but warned the
operator to correct the probable violations or face future potential enforcement action.
Enable responded to the Notice by letter dated April 16, 2015 (Response). The company did not
contest the allegation of violation but provided an explanation of its actions and requested that
1 Enable Midstream Partners, LP, website, available at http://www.enablemidstream.com/html/pages/p002-
about.html (last accessed December 16, 2015).



CPF No. 4-2015-1003
2
the proposed civil penalty be reduced. Respondent did not request a hearing and, therefore, has
waived its right to one.
FINDING OF VIOLATION
In its Response, Enable did not contest the allegation in the Notice that it violated 49 C.F.R. Part
192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.614(c)(5), which states:
§ 192.614 Damage prevention program.
(a) Except as provided in paragraphs (d) and (e) of this section, each
operator of a buried pipeline must carry out in accordance with this section,
a written program to prevent damage to that pipeline from excavation. For
the purposes of this section, excavation activities includes excavation,
blasting, boring, tunneling, backfilling, the removal of aboveground
structures by either explosive or mechanical means, and other earthmoving
operations. . .
(c) The damage prevention program required by paragraph (a) of this
section must, at a minimum:
(1) . . .
(5) Provide for temporary marking of buried pipelines in the area
of excavation activity before, as far as practical, the activity begins.
The Notice alleged that Respondent violated 49 C.F.R. § 192.614(c)(5) by failing to carry out a
damage prevention program that provided temporary marking of its buried pipeline in the area of
certain excavation activity near Newport, Arkansas, before, as far as practical, the activity began.
Specifically, the Notice alleged that on October 16, 2014, Enable received a one-call notification
from Tanner regarding the construction company’s plans to excavate in the area of Enable’s ML
3 pipeline beginning on October 20, 2014. Enable’s third-party locator, ARKUPS, did not
attempt to locate the ML 3 line until October 21, 2014, at which time its personnel were unable
to mark the location and, therefore, returned the ticket to the processing system for further action
by Enable. Based on the information in the one-call notification record, the first attempt to mark
the pipeline by Enable personnel allegedly occurred on October 22, 2014, after the planned
excavation activity by Tanner had already commenced.
Respondent did not contest this allegation of violation, but asked for a reduction in the proposed
civil penalty. As such, I will address those assertions below. Accordingly, based upon a review
of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.614(c)(5) by failing to
provide temporary marking of its buried pipeline in the area of certain excavation activity near
Newport, Arkansas, before, as far as practical, the activity began.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



CPF No. 4-2015-1003
3
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations. In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $138,200 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $138,200 for Respondent’s violation of
49 C.F.R. § 192.614(c)(5), for failing to carry out a damage prevention program that provided
temporary marking of its buried pipeline in the area of excavation activity before, as near as
practical, the activity began. As noted above, Enable did not contest the finding of violation but
requested that PHMSA mitigate or reduce the proposed penalty based on certain extenuating
circumstances. Enable argues that the circumstances relating to the sequence of communications
between ARKUPS and Tanner, and Tanner’s decision to continue excavation should reduce the
proposed civil penalty.
First, Enable asserted that PHMSA’s allegation that Respondent’s third-party contractor did not
attempt to locate the line until October 21, 2014, is incorrect. Enable stated that even though it is
not documented in the one-call ticket, the independent root cause investigation conducted by
Enable found that ARKUPS first contacted Tanner on October 20, 2014. The one-call ticket
showed the origination time as 12:13 p.m. on October 16, 2014, and the excavation work was
scheduled to commence at 12:15 p.m. on October 20, 2014.2 Respondent claimed that between
3:00 p.m. and 4:00 p.m. on October 20, 2014, Tanner was informed that ARKUPS personnel,
Mr. Justin Simpson, would not be on location until October 21, 2014, due to a backlog of work.
Next, when Mr. Simpson arrived at approximately 4:31 p.m. on October 21, 2014, he was unable
to locate the pipeline and informed Tanner that Enable would be at the dig site the following day
to provide more information as to where the ML 3 pipeline was located. Respondent argued that
Tanner made the deliberate decision to continue excavation activities knowing the ML 3 pipeline
was in the general area but had not been actually located.
Enable may be correct that ARKUS made its first contact with Tanner on October 20, 2014, at
which time ARKUS indicated that it would not be able to attempt to locate the line until the
following day, October 21. However, the Arkansas damage prevention law requires a two
working day time-frame for line locating,3 or until October 18. While Tanner should possibly
2 The incident report, dated November 10, 2014 (revised February 10, 2015), shows that Tanner’s excavation work
actually commenced at 1:00 p.m. on October 20, 2014. (on file with PHMSA).
3 Arkansas State Code, Chapter 271, Section 14-271-110. Pipeline Safety Violation Report (Violation Report),
(March 12, 2015) (on file with PHMSA), at 5.



CPF No. 4-2015-1003
4
not have proceeded with excavation before the ticket was properly cleared by Enable, a pipeline
operator nevertheless has a clear duty to mark its facilities, “as far as practical,” before
excavation begins.
I can find nothing in the record to explain why Enable could not have ensured that its contractor
temporarily mark Enable’s ML 3 line within the two-day window required under Arkansas law
or why it was not “practical” to mark the line before excavation was due to begin on October 20.
Respondent’s breach of § 192.614(c)(5) is a serious violation that was the causal factor in the
excavation accident on October 22, 2014. That accident led to adverse consequences to the
people and environment surrounding this facility, causing the release of 11 MMCF of natural
gas. Accordingly, based on the gravity of the violation and Respondent’s culpability, I assess
Respondent a civil penalty of $138,200 for violation of 49 C.F.R. § 192.614(c)(5).
In summary, having reviewed the record and considered the assessment criteria for the Item cited
above, I assess Respondent a civil penalty of $138,200.
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMK-325), Federal Aviation Administration,
6500 S MacArthur Blvd., Oklahoma City, Oklahoma 79169. The Financial Operations Division
telephone number is (405) 954-8845.
Failure to pay the $138,200 civil penalty will result in accrual of interest at the current annual
rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of
49 C.F.R. § 192.614(c). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of gas or who owns or operates a pipeline facility is required to comply with the
applicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.
§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to
ensure compliance with the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 192.614(c)(5) (Item 1), Respondent must:
A. Revise the company’s Damage Prevention Procedure 5.3.2 – Locate
Requests, to provide for the tracking of locate requests to ensure they are



CPF No. 4-2015-1003
5
marked in accordance with Respondent’s procedures within the prescribed
timeframes; and
B. Submit Item A no later than 30 days from the issuance of the Final Order in
this case.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
In addition, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,
Respondent is requested (not mandated) to take the following action:
Enable should maintain documentation of the safety improvement costs associated
with fulfilling this Compliance Order and submit the total to R. M. Seeley, Director,
Southwest Region, Pipeline and Hazardous Materials Safety Administration. It is
requested that these costs be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses; and 2) total cost
associated with replacements, additions and other changes to pipeline infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
WARNING ITEMS
The Notice alleged two other probable violations of Part 192, but did not propose a civil penalty
or compliance order for these items. Therefore, these are considered to be warning items. The
warnings were for:
49 C.F.R. § 192.614(c)(4) (Item 2) ─ Respondent’s alleged failure to provide actual
notification to persons giving notice of their intention to excavate, in accordance with
its written damage prevention program; and
49 C.F.R. § 192.614(c)(6) (Item 3) ─ Respondent’s alleged failure to provide for
inspection of its ML 3 pipeline to prevent third-party damage, and failing to ensure
the integrity of the pipeline.
Enable presented information in its Response showing that it had taken certain actions to address
the cited items. If OPS finds a violation of any of these items in a subsequent inspection,
Respondent may be subject to future enforcement action.
Under 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA
will accept petitions received no later than 20 days after receipt of service of this Final Order by



CPF No. 4-2015-1003
6
the Respondent, provided they contain a brief statement of the issue(s) and meet all other
requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays the payment of
any civil penalty assessed. Unless the Associate Administrator, upon request, grants a stay, all
other terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
__________________________________ _________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety



Payment Instructions
Civil Penalty Payments of Less Than $10,000
Payment of a civil penalty of less than $10,000 proposed or assessed, under Subpart B of
Part 190 of the Pipeline Safety Regulations can be made by certified check, money order
or wire transfer. Payment by certified check or money order (containing the CPF Number
for this case) should be made payable to the "Department of Transportation" and should
be sent to:
Federal Aviation Administration
Financial Operations Division (AMK-325)
ATTN: Shelby Jones
6500 S MacArthur Blvd.,
Oklahoma City, OK 79169
Wire transfer payments of less than $10,000 may be made through the Federal Reserve
Communications System (Fedwire) to the account of the U.S. Treasury. Detailed
instructions are provided below. Questions concerning wire transfer should be directed to
the Financial Operations Division at (405) 954-8845, or at the above address.
Civil Penalty Payments of $10,000 or more
Payment of a civil penalty of $10,000 or more proposed or assessed under Subpart B of
Part 190 of the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. §
89.21 (b)(3)), through the Federal Reserve Communications System (Fedwire) to the
account of the U.S. Treasury. Detailed instructions are provided below. Questions
concerning wire transfers should be directed to the Financial Operations Division at
(405) 954-8845, or at the above address.



INSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS
(1) RECEIVER ABA NO.
021030004
(2) TYPE/SUB-TYPE
(Provided by sending bank)
(3) SENDING BANK ABA NO.
(Provided by sending bank)
(4) SENDING BANK REF NO.
(Provided by sending bank)
(5) AMOUNT (6) SENDING BANK NAME
(Provided by sending bank)
(7) RECEIVER NAME
TREAS NYC
(8) PRODUCT CODE
(Normally CTR, or as provided by sending bank)
(9) BENEFICIAL (BNF) = AGENCY
LOCATION CODE
BNF = /ALC-69-14-0001
(10) REASONS FOR PAYMENT
Example: PHMSA - CPF # / Ticket Number/Pipeline
Assessment number
INSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the
information for blocks (1), (5), (7), (9), and (10). The information provided in Blocks (1), (7),
and (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous
Materials Safety Administration, Department of Transportation.
Block #1 - RECEIVER ABA NO. - "021030004". Ensure the sending bank enters this 9-digit
identification number; it represents the routing symbol for the U.S. Treasury at the Federal
Reserve Bank in New York.
Block #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the
transfer amount is punctuated with commas and a decimal point. EXAMPLE: $10,000.00
Block #7 - RECEIVER NAME - "TREAS NYC". Ensure the sending bank enters this
abbreviation. It must be used for all wire transfers to the Treasury Department.
Block #9 - BENEFICIAL - AGENCY LOCATION CODE - "BNF=/ALC-69-14-0001". Ensure
the sending bank enters this information. This is the Agency Location Code for the Pipeline and
Hazardous Materials Safety Administration, Department of Transportation.
Block #10 - REASON FOR PAYMENT - “AC-payment for PHMSA Case # / To ensure your
wire transfer is credited properly, enter the case number/ticket number or Pipeline Assessment number,
and country.”
NOTE: A wire transfer must comply with the format and instructions or the Department cannot
accept the wire transfer. You as the sender can assist this process by notifying the Financial
Operations Division (405) 954-8845 at the time you send the wire transfer.

420151003_NOPV PCP PCO_03122015_text.pdf

NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 12, 2015
Walter Ferguson
Senior Vice President
Enable Mississippi River Transmission, LLC
1111 Louisiana Street
Houston TX 77002
CPF 4-2015-1003
Dear Mr. Ferguson:
On October 22, 2014, Enable Mississippi River Transmission, LLC experienced an excavation
related accident to its Mainline 3 (ML 3) 26” line near Newport AR. Following the incident, a
representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office
of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code conducted an
incident investigation and reviewed documentation related to the accident in Newport, Arkansas.
As a result of the investigation, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation(s) are:



1. §192.614 Damage prevention program.
(c) The damage prevention program required by paragraph (a) of this section must
at a minimum:
(5) Provide for temporary marking of buried pipelines in the area of excavation
activity before, as far as practical, the activity begins.
Enable Mississippi River Transmission (Enable) failed to provide temporary marking of
its buried pipeline in the area of excavation activity near Newport, Arkansas. On October
22, 2014, Enable’s unmarked Mainline 3, 26” pipeline was struck by Tanner
Construction resulting in the release of 11 MMCF of natural gas.
On October 16, 2014, Enable received a one-call notification from Tanner Construction
regarding their plans to excavate in the area of their ML 3 pipeline. The one-call
notification indicated the commencement date for the planned excavation to be October
20, 2014. Enable’s third party locate contractor did not attempt to locate the line until
October 21, 2014, at which time they were unable to mark the location and returned the
ticket for further action by Enable. A review of the one-call notification record revealed
that the first attempt to mark this pipeline by Enable personnel was on October 22, 2014
after the planned excavation activity had commenced.
2. §192.614 Damage Prevention Program
(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a
buried pipeline must carry out in accordance with this section, a written
program to prevent damage to that pipeline from excavation activities. For the
purposes of this section excavation activities includes excavation, blasting,
boring, tunneling, backfilling, the removal of aboveground structures by either
explosive or mechanical means, and other earthmoving operations.
(c) The damage prevention program required by paragraph (a) of this section must
at a minimum:
(4) If the operator has buried pipelines in the area of excavation activity, provide for
actual notification of persons who give notice of their intent to excavate of the
type of temporary marking to be provided and how to identify the markings.
Enable Mississippi River Transmission failed to provide a positive response (notification)
in accordance with its written Damage Prevention Program (Section 5.4.2). Enable’s
failure to follow its procedures to provide a positive response allowed the excavator to
proceed with the planned excavation activity with no indication as to whether the line
was marked or if the area was considered “all clear.” On October 22, 2014, Enable’s
2



unmarked Mainline 3, 26” pipeline was struck by Tanner Construction resulting in the
release of 11 MMCF of natural gas.
Enable’s Damage Prevention Program, section 5.4.2, requires that a positive response be
made to the excavator allowing the excavator to know whether the company has marked
the requested area or if the area is “all clear,” prior to beginning excavation. The one-call
notification record does not show any response made to the excavator prior to the
commencement date of the planned excavation activity.
3. §192.614 Damage prevention program.
(c) The damage prevention program required by paragraph (a) of this section must
at a minimum:
(6) Provide as follows for inspection of pipelines that an operator has reason to
believe could be damaged by excavation activities:
(i) The inspection must be done as frequently as necessary during and after the
activities to verify the integrity of the pipeline;
Enable Mississippi River Transmission Company did not provide for inspection of their
Mainline 3, 26” pipeline to prevent damage from third party damage, nor did they ensure
the integrity of the pipeline. Enable received a one-call notification on October 16, 2014,
regarding planned excavation by Tanner Construction on October 20, 2014. Enable’s
third party locate contractor attempted to locate the line on October 21, 2014, however,
they were unsuccessful and returned the one-call notification to Enable for further
response and locate. Enable personnel did not arrive onsite prior to the excavation
damage on October 22, 2014.
Enable’s Damage Prevention Program, section 5.4.3, requires periodic monitoring and
inspections for excavations within 25 feet of the pipeline and authorized company
personnel to shut down excavation activity that is deemed unsafe. This section also
requires continuous oversight by company personnel for excavation within 5 feet of
pipeline. Enable failed to follow their written procedures to provide monitoring or
oversight of the planned excavation activities.
Proposed Civil Penalty
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000
per violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not
exceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a
related series of violations. The Compliance Officer has reviewed the circumstances and
3



supporting documentation involved in the above probable violation(s) and has recommended that
you be preliminarily assessed a civil penalty of $138,200 for item 1.
Warning Items
With respect to items 2 and 3, we have reviewed the circumstances and supporting documents
involved in this case and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to promptly correct these item(s). Failure to
do so may result in additional enforcement action.
Proposed Compliance Order
With respect to item 1 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous
Materials Safety Administration proposes to issue a Compliance Order to Enable Mississippi
River Transmission. Please refer to the Proposed Compliance Order, which is enclosed and
made a part of this Notice.
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators
in Compliance Proceedings. Please refer to this document and note the response options. All
material you submit in response to this enforcement action may be made publicly available. If
you believe that any portion of your responsive material qualifies for confidential treatment
under 5 U.S.C. 552(b), along with the complete original document you must provide a second
copy of the document with the portions you believe qualify for confidential treatment redacted
and an explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice,
this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the
Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further
notice to you and to issue a Final Order.
In your correspondence on this matter, please refer to CPF 4-2015-1003 and for each document
you submit, please provide a copy in electronic format whenever possible.
Sincerely,
R. M. Seeley
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedings
4



PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) proposes to issue to Enable Mississippi River Transmission a
Compliance Order incorporating the following remedial requirements to ensure the compliance
of Enable Mississippi River Transmission with the pipeline safety regulations:
1. 2. 3. In regard to Item Number 1 of the Notice pertaining to Damage Prevention
Procedure 5.3.2 – Locate Requests, Enable Mississippi River Transmission shall
revise this procedure to provide for the tracking of locate requests to ensure they
are marked in accordance with Enable procedures within the prescribed
timeframes.
Item 1 shall be submitted to PHMSA no later than 30 days from the issuance of
the Final Order in this case.
It is requested (not mandated) that Enable Mississippi River Transmission
maintain documentation of the safety improvement costs associated with fulfilling
this Compliance Order and submit the total to R.M Seeley, Director, Southwest
Region, Pipeline and Hazardous Materials Safety Administration. It is requested
that these costs be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost
associated with replacements, additions and other changes to pipeline
infrastructure.
5
- **truncated:** false
- **body characters:** 31946