{"operation":"document","citation":"CPF 420165017M","title":"ENERGY TRANSFER COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-05-02","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(e)(8).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420165017m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420165017m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420165017m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420165017M","body":"Notice of Amendment involving ENERGY TRANSFER COMPANY. PHMSA's enforcement data identifies the cited regulation as 195.402(e)(8). The case was opened on 2016-05-02 and is reported as closed as of 2016-09-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420165017M_Closure Letter_09142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165017M/420165017M_Closure%20Letter_09142016.pdf\n\n420165017M_Closure Letter_09142016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165017M/420165017M_Closure%20Letter_09142016_text.pdf\n\n420165017M_Notice of Amendment_05022016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165017M/420165017M_Notice%20of%20Amendment_05022016.pdf\n\n420165017M_Notice of Amendment_05022016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165017M/420165017M_Notice%20of%20Amendment_05022016_text.pdf\n\n420165017M_Operator Response to Notice_05202016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165017M/420165017M_Operator%20Response%20to%20Notice_05202016.pdf\n\n420165017M_Notice of Amendment_05022016_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 2, 2016\nMr. Ryan Coffey\nExecutive Vice President\nEnergy Transfer Company\n800 E. Sonterra Blvd., Ste. 400\nSan Antonio, TX 78258\nCPF 4-2016-5017M\nDear Mr. Coffey:\nBetween July 27 – August 11, 2015, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnergy Transfer Company (ETC) records and procedures for Operations and Maintenance and the\nIntegrity Management Plan at the Houston, TX. office.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within the\nETC plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition occurs:\n(8) In the case of failure of a pipeline system transporting a highly volatile liquid, use\nof appropriate instruments to assess the extent and coverage of the vapor cloud and\ndetermine the hazardous areas.\nPHMSA inspectors reviewed Energy Transfer’s Procedure No.: HLA.08, 'Field Emergency\nResponse Procedure', Section 7.4; dated 8/15/2014. This process is inadequate. The procedure\n\n\n\nlacks specificity for determining the extent and coverage of a vapor cloud in a hazardous area of\nHVLs by use of appropriate instruments.\nEnergy Transfer must revise its procedure to include the following as minimum:\n1) The type of instruments that must be used for HVL products spill.\n2) How to use the equipment to determine vapor cloud extension.\n3) Qualification required for using the instrument and\n4) Guidance on how to determine the initial possible extent of the vapor cloud so that personnel\ncould begin monitoring of the actual vapor cloud safely from outside the limits of the vapor\nclouds.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. 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\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of\nthis Notice, this constitutes a waiver of your right to contest the allegations in this Notice and\nauthorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this\nNotice, you may be ordered to amend your plans or procedures to correct the inadequacies (49\nC.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 45 days of receipt of this Notice. This period may be extended by\nwritten request for good cause. Once the inadequacies identified herein have been addressed in\nyour amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that ETC maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to R. M. Seeley, Director, Southwest Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 4-\n2016-5017M and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\n\n\n\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n420165017M_Closure Letter_09142016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 14, 2016\nMr. Ryan Coffey\nExecutive Vice President\nEnergy Transfer Company\n800 E. Sonterra Blvd., Ste. 400\nSan Antonio, TX 78258\nCPF No. 4-2016-5017M\nDear Mr. Coffey:\nBetween July 27 – August 11, 2015, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnergy Transfer Company (ETC) records and procedures for Operations and Maintenance and the\nIntegrity Management Plan at the Houston, TX. office.\nAs a result of these inspections, a Notice of Amendment, CPF 4-2016-5017M, was issued on May\n3, 2016 to Energy Transfer Company. On May 23, 2016, Energy Transfer Company responded to\nthe NOA.\nMy staff reviewed amended procedure, and the inadequacies outlined in this Notice of Amendment\nhave been corrected.\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\nMaterials Safety Administration","truncated":false,"body_characters":6559}