{"operation":"document","citation":"CPF 420161015","title":"ENABLE GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-12-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.23(a)(8), 192.935(a), 192.943(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420161015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420161015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420161015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420161015","body":"Notice of Probable Violation involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 191.23(a)(8),  192.935(a),  192.943(b). The case was opened on 2016-12-20 and is reported as closed as of 2019-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420161015_Closure Letter_11122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_Closure%20Letter_11122019.pdf\n\n420161015_Closure Letter_11122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_Closure%20Letter_11122019_text.pdf\n\n420161015_Final Order_09072018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_Final%20Order_09072018.pdf\n\n420161015_Final Order_09072018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_Final%20Order_09072018_text.pdf\n\n420161015_NOPV PCO_12202016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_NOPV%20PCO_12202016.pdf\n\n420161015_NOPV PCO_12202016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_NOPV%20PCO_12202016_text.pdf\n\n420161015_Operator Response to Notice_01262017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161015/420161015_Operator%20Response%20to%20Notice_01262017.pdf\n\n420161015_Final Order_09072018_text.pdf\n\nSeptember 7, 2018\nMr. Rod J. Sailor\nPresident and CEO\nEnable Midstream Partners, LP\nOne Leadership Square\n211 N. Robinson Ave., Suite 150\nOklahoma City, OK 73102\nRe: CPF No. 4-2016-1015\nDear Mr. Sailor:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nEnable Gas Transmission, LLC. It makes a finding of violation and specifies actions that need to\nbe taken to comply with the pipeline safety regulations. When the terms of the compliance order\nhave been completed, as determined by the Director, Southwest Region, this enforcement action\nwill be closed. Service of the Final Order by certified mail is effective upon the date of mailing,\nas provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Paul M. Brewer, Executive Vice President – Operations, Enable Midstream Partners, LP,\n211 N. Robinson Avenue, Oklahoma City, OK 73102\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n________________________________________________\n)\nIn the Matter of )\n)\nEnable Gas Transmission, LLC, ) CPF No. 4-2016-1015\na subsidiary of Enable Midstream Partners, LP, )\n)\nRespondent. )\n________________________________________________)\nFINAL ORDER\nFrom February 22 through November 17, 2016, pursuant to 49 U.S.C. § 60117, a representative\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), conducted an on-site pipeline safety inspection of the facilities and records of\nEnable Gas Transmission, LLC (Enable or Respondent), in Arkansas, Illinois, Louisiana,\nMissouri, Oklahoma, and Texas. Enable, a wholly-owned subsidiary of Enable Midstream\nPartners, LP, operates several interstate pipelines located in Arkansas, Illinois, Kansas,\nLouisiana, Mississippi, Missouri, Oklahoma, Tennessee and Texas, as well as storage facilities\nwithin those states.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated December 20, 2016, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Enable had violated\n49 C.F.R. § 192.935(a) and proposed ordering Respondent to take certain measures to correct the\nalleged violation. The warning items required no further action, but warned the operator to\ncorrect the probable violations or face possible future enforcement action.\nEnable Midstream Partners, LP, on behalf of Respondent, responded to the Notice by letter dated\nJanuary 26, 2017 (Response). The company did not contest the allegation of violation but\ncontested one of the warning items and requested clarification on the proposed compliance\nactions. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Enable did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192 as follows:\n1 Enable Midstream Partners, LP, website, available at https://www.enablemidstream.com/html/pages/egt html (last\naccessed June 21, 2018).\n\n\n\nCPF No. 4-2016-1015\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.935(a), which states:\n§ 192.935 What additional preventative and mitigative measures must\nan operator take?\n(a) General requirements. An operator must take additional measures\nbeyond those already required by Part 192 to prevent a pipeline failure and\nto mitigate the consequences of a pipeline failure in a high consequence\narea. An operator must base the additional measures on the threats the\noperator has identified to each pipeline segment. (See § 192.917). An\noperator must conduct, in accordance with one of the risk assessment\napproaches in ASME/ANSI B31.8S (incorporated by reference, see\n§ 192.7), section 5, a risk analysis of its pipeline to identify additional\nmeasures to protect the high consequence area and enhance public safety.\nSuch additional measures include, but are not limited to, installing\nAutomatic Shut-off Valves or Remote Control Valves, installing\ncomputerized monitoring and leak detection systems, replacing pipe\nsegments with pipe of heavier wall thickness, providing additional training\nto personnel on response procedures, conducting drills with local\nemergency responders and implementing additional inspection and\nmaintenance programs.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.935(a) by failing to take additional\nmeasures beyond those already required by Part 192 to prevent a pipeline failure and to mitigate\nthe consequences of a pipeline failure in a High Consequence Area (HCA). Specifically, the\nNotice alleged that Enable only performed extra patrols and installed line markers for certain\nHCA segments, despite records indicating these segments all had external and internal corrosion\nthreats.\nRespondent did not contest this allegation of violation.2 Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.935(a) by failing to take\nadditional measures beyond those already required by Part 192 to prevent pipeline failure and to\nmitigate the consequences of a failure in an HCA.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 192.935(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601.\n2 Enable sought clarification on this item. PHMSA responded to this request via e-mail correspondence to Enable on\nNovember 13, 2017 (on file with PHMSA).\n\n\n\nCPF No. 4-2016-1015\nPage 3\nWith regard to the violation of § 192.935(a) (Item 1), Respondent argued that the compliance\nterms should be modified. Specifically, Enable sought clarification on whether it needed to\nschedule preventative and mitigative (P&M) measures within 60 days of receipt of the Final\nOrder, or whether it needed to implement these measures by the same 60-day deadline. Enable\nnoted that it would have difficulty implementing all identified P&M measures within 60 days,\nand that if this was PHMSA’s intent, requested modification of Item 2 of the Proposed\nCompliance Order (PCO) to allow it 365 days to identify, schedule, and complete all P&M\nmeasures.\nI agree that 60 days is an insufficient amount of time for Enable to implement any P&M\nmeasures. Therefore, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,\nI hereby modify Item 2 of the PCO as set forth below.\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations:\n1. With respect to the violation of § 192.935(a) (Item 1), Respondent must:\n(a) Document a list of appropriate P&M measures for all the threats that were\nidentified during the risk analysis for each HCA segment, including external\nand internal corrosion;\n(b) Correctly apply and implement those P&M measures to their appropriate HCA\nsegment(s); and\n(c) Provide PHMSA with documentation to indicate the appropriate P&M\nmeasures have been correctly implemented to the threats identified.\n2. Enable should complete Item 1 within 365 days of receipt of the Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\n\n\n\nCPF No. 4-2016-1015\nPage 4\neach day the violation continues, or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Parts 191 and 192 but\ndid not propose a civil penalty or compliance order for these items. Therefore, these are\nconsidered to be warning items. The warnings were for:\n49 C.F.R. § 191.23(a)(8) (Item 2) ─ Respondent’s alleged failure to report in\naccordance with § 191.25 the existence of a safety-related condition that could\nlead to an imminent hazard and caused a 20 percent reduction in operating\npressure of a pipeline that contains or processes gas; and\n49 C.F.R. § 192.943(b) (Item 3) ─ Respondent’s alleged failure to seek a waiver\nof a required assessment interval at least 180 days before the end of the required\nreassessment interval.\nEnable requested withdrawal of Item 3 because once it became aware that a local product-supply\nissue made the time period impractical, it applied for a waiver as soon as the need for the waiver\nbecame known. Under § 190.205, PHMSA does not adjudicate warning items to determine\nwhether a probable violation occurred. If OPS finds a violation of any of these items in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nSeptember 7, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n420161015_Closure Letter_11122019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 12, 2019\nRod J. Sailor\nPresident and CEO\nEnable Midstream Partners, LP\n211 N. Robinson Ave., Suite 150\nOklahoma City, OK 73102\nCPF 4-2016-1015\nDear Mr. Sailor:\nOn September 7, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to your subsidiary, Enable Gas Transmission, LLC., a Final Order in the above-referenced\ncase. This Final Order included a Compliance Order.\nBased on our review of the documentation provided, it has been determined that you have complied\nwith the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":13176}