{"operation":"document","citation":"CPF 420161016M","title":"ENABLE GAS TRANSMISSION, LLC — Notice of Amendment","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 amendment citing 191.25(a), 192.605(a), 192.907(a), 192.935(a), 192.935(b)(1)(iv), 192.935(d)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420161016m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420161016m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420161016m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420161016M","body":"Notice of Amendment involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 191.25(a),  192.605(a),  192.907(a),  192.935(a),  192.935(b)(1)(iv),  192.935(d)(2). The case was opened on 2016-12-20 and is reported as closed as of 2017-03-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420161016M_Closure Letter_03302017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161016M/420161016M_Closure%20Letter_03302017.pdf\n\n420161016M_Closure Letter_03302017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161016M/420161016M_Closure%20Letter_03302017_text.pdf\n\n420161016M_Notice of Amendment_12202016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161016M/420161016M_Notice%20of%20Amendment_12202016.pdf\n\n420161016M_Notice of Amendment_12202016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420161016M/420161016M_Notice%20of%20Amendment_12202016_text.pdf\n\n420161016M_Closure Letter_03302017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 30, 2017\nMr. Paul M. Brewer\nExecutive Vice President of Operations\nEnable Gas Transmission, LLC\n211 North Robinson Avenue, Room 150\nOklahoma City, OK 73102\nCPF 4-2016-1016M\nDear Mr. Brewer:\nOn February 2016 to October 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnable Gas Transmission, LLC (Enable) procedures for Operations and Maintenance, and\nIntegrity Management in Oklahoma City, Oklahoma.\nAs a result of the inspection, Enable was issued a Notice of Amendment (NOA) on December 20,\n2016, which proposed amendment of your procedures.\nEnable submitted its amended procedures on February 22, 2017. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420161016M_Notice of Amendment_12202016_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 20, 2016\nMr. Pete Kirsch\nSr. VP-Pipelines Operations and Engineering\nEnable Gas Transmission, LLC\n211 North Robinson Avenue, Room 150\nOklahoma City, OK 73102\nCPF 4-2016-1016M\nDear Mr. Kirsch:\nOn February 2016 to October 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnable Gas Transmission, LLC’s (Enable) procedures for Operations and Maintenance; and for\nIntegrity Management in Oklahoma City, OK.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEnable’s plans or procedures, as described below:\n\n\n\n1. §191.605 Procedural manual for operations, maintenance, and emergencies.\nEach operator shall include the following in its operating and maintenance plan:\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\n§191.25 Filing safety-related condition reports.\n(a) Each report of a safety-related condition under §191.23(a) must be filed (received\nby OPS within five working days, not including Saturday, Sunday, or Federal\nHolidays) after the day a representative of the operator first determines that the\ncondition exists, but not later than 10 working days after the day a representative of\nthe operator discovers the condition. Separate conditions may be described in a single\nreport if they are closely related. Reports may be transmitted by electronic mail\nto InformationResourcesManager@dot.gov or by facsimile at (202) 366-7128.\nEnable’s Operating & Maintenance Plan, Procedure 108, Identifying and Reporting Safety Related\nConditions did not address when a SRCR fell within an HCA. When a SRCR falls within an HCA,\nthe Operator's procedures should address or reference procedures addressing the IMP requirements\nfor making repairs including the provision that when a reduction in operating pressure exceeds 365\ndays, the operator must notify PHMSA and explain the reasons for the remediation delay.\nEnable also needs to define when discovery and determination dates are established. On several\noccasions during the inspection, Enable would establish the discovery date when personnel went\nto the field location and excavated, when in fact the discovery date was established when Enable\nhad enough information to categorize the anomaly as an immediate condition.\n2\n\n\n\n2. §192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered pipeline\nsegment must develop and follow a written integrity management program that\ncontains all the elements described in § 192.911 and that addresses the risks on each\ncovered transmission pipeline segment. The initial integrity management program\nmust consist, at a minimum, of a framework that describes the process for\nimplementing each program element, how relevant decisions will be made and by\nwhom, a time line for completing the work to implement the program element, and\nhow information gained from experience will be continuously incorporated into the\nprogram. The framework will evolve into a more detailed and comprehensive\nprogram. An operator must make continual improvements to the program.\n§192.935 take?\nWhat additional preventive and mitigative measures must an operator\n(a) General requirements. An operator must take additional measures beyond those\nalready required by Part 192 to prevent a pipeline failure and to mitigate the\nconsequences of a pipeline failure in a high consequence area. An operator must base\nthe additional measures on the threats the operator has identified to each pipeline\nsegment. (See §192.917) An operator must conduct, in accordance with one of the risk\nassessment approaches in ASME/ANSI B31.8S (incorporated by reference, see\n§192.7), section 5, a risk analysis of its pipeline to identify additional measures to\nprotect the high consequence area and enhance public safety. Such additional\nmeasures include, but are not limited to, installing Automatic Shut-off Valves or\nRemote Control Valves, installing computerized monitoring and leak detection\nsystems, replacing pipe segments with pipe of heavier wall thickness, providing\nadditional training to personnel on response procedures, conducting drills with local\nemergency responders and implementing additional inspection and maintenance\nprograms.\nEnable’s Integrity Management Program, PS-258 Preventive & Mitigative Measures procedure,\nparaphrases regulation 192.935(a) and fails to consider other preventive or mitigative measures\nnot specifically referenced by §192.935 (a). PS-258 lacks details and does not give adequate\nguidance.\n3\n\n\n\n3. §192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered pipeline\nsegment must develop and follow a written integrity management program that\ncontains all the elements described in § 192.911 and that addresses the risks on each\ncovered transmission pipeline segment. The initial integrity management program\nmust consist, at a minimum, of a framework that describes the process for\nimplementing each program element, how relevant decisions will be made and by\nwhom, a time line for completing the work to implement the program element, and\nhow information gained from experience will be continuously incorporated into the\nprogram. The framework will evolve into a more detailed and comprehensive\nprogram. An operator must make continual improvements to the program.\n§192.935 take?\nWhat additional preventive and mitigative measures must an operator\n(b) Third party damage and outside force damage-General. An operator must\ndocument any change to its program and the reasons for the change before\nimplementing the change.\n(1) Third party damage. An operator must enhance its damage prevention program,\nas required under §192.614 of this part, with respect to a covered segment to prevent\nand minimize the consequences of a release due to third party damage. Enhanced\nmeasures to an existing damage prevention program include, at a minimum-\n(iv) Monitoring of excavations conducted on covered pipeline segments by pipeline\npersonnel. If an operator finds physical evidence of encroachment involving\nexcavation that the operator did not monitor near a covered segment, an operator\nmust either excavate the area near the encroachment or conduct an above ground\nsurvey using methods defined in NACE SP0502-2008 (incorporated by reference, see\n§192.7). An operator must excavate, and remediate, in accordance with ANSI/ASME\nB31.8S and §192.933 any indication of coating holidays or discontinuity warranting\ndirect examination.\nEnable’s Integrity Management Program, PS-258 Preventive & Mitigative Measures procedure\ndoes not require Enable to either excavate the area near the encroachment or conduct an above\nground survey when Enable finds physical evidence of encroachment involving excavation that\nEnable did not monitor near a covered segment. This section lacks details to meet the requirements\nin §192.935(b).\n4\n\n\n\n4. §192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered pipeline\nsegment must develop and follow a written integrity management program that\ncontains all the elements described in § 192.911 and that addresses the risks on each\ncovered transmission pipeline segment. The initial integrity management program\nmust consist, at a minimum, of a framework that describes the process for\nimplementing each program element, how relevant decisions will be made and by\nwhom, a time line for completing the work to implement the program element, and\nhow information gained from experience will be continuously incorporated into the\nprogram. The framework will evolve into a more detailed and comprehensive\nprogram. An operator must make continual improvements to the program.\n§192.935 take?\nWhat additional preventive and mitigative measures must an operator\n(d) Pipelines operating below 30% SMYS. An operator of a transmission pipeline\noperating below 30% SMYS located in a high consequence area must follow the\nrequirements in paragraphs (d)(1) and (d)(2) of this section. An operator of a\ntransmission pipeline operating below 30% SMYS located in a Class 3 or Class 4 area\nbut not in a high consequence area must follow the requirements in paragraphs (d)(1),\n(d)(2) and (d)(3) of this section.\n(2) Either monitor excavations near the pipeline, or conduct patrols as required by\n§192.705 of the pipeline at bi-monthly intervals. If an operator finds any indication of\nunreported construction activity, the operator must conduct a follow up investigation\nto determine if mechanical damage has occurred.\nEnable’s Integrity Management Program, , PS-258 Preventive & Mitigative Measures, Section 4.4\nLow Stress Pipelines does not require Enable to either monitor excavations near the pipeline, or\nconduct patrols as required of the pipeline at bi-monthly intervals and if Enable finds any\nindication of unreported construction activity, the Enable must conduct a follow up investigation\nto determine if mechanical damage has occurred. This part of PS-258 also paraphrases the code\nand lacks details.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\n5\n\n\n\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Enable Gas Transmission, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to R.M. Seeley, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2016-1016M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nR.M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n6","truncated":false,"body_characters":14531}