{"operation":"document","citation":"CPF 420201004","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":"2020-01-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.481(a), 192.481(b), 192.705(a), 192.731(a), 192.745(a), 192.805(b), 192.935(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420201004","body":"Notice of Probable Violation involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.481(a),  192.481(b),  192.705(a),  192.731(a),  192.745(a),  192.805(b),  192.935(a). The case was opened on 2020-01-22 and is reported as closed as of 2021-02-01. Proposed civil penalty: $147,100. Assessed civil penalty: $147,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420201004_Closure Letter_02012021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_Closure%20Letter_02012021.pdf\n\n420201004_Closure Letter_02012021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_Closure%20Letter_02012021_text.pdf\n\n420201004_Final Order_08032020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_Final%20Order_08032020.pdf\n\n420201004_Final Order_08032020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_Final%20Order_08032020_text.pdf\n\n420201004_NOPV PCP PCO_01222020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_NOPV%20PCP%20PCO_01222020.pdf\n\n420201004_NOPV PCP PCO_01222020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_NOPV%20PCP%20PCO_01222020_text.pdf\n\n420201004_Operator Response to Notice_02252020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201004/420201004_Operator%20Response%20to%20Notice_02252020.pdf\n\n420201004_NOPV PCP PCO_01222020_text.pdf\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 22, 2020\nRod J. Sailor\nPresident and Chief Executive Officer\nEnable Midstream Partners\n499 W. Sheridan Ste 1500\nOklahoma City, Oklahoma 73102\nCPF 4-2020-1004\nDear Mr. Sailor:\nFrom June 3, 2019 to September 27, 2019, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected your Enable Gas Transmission Pipeline System in\nOklahoma, Arkansas, Texas, Mississippi, Tennessee, Missouri, and Kansas.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\nthe atmosphere for evidence of atmospheric corrosion, as follows:\n\n\n\n2. 3. If the pipeline is located: Then the frequency of inspection is:\nOnshore: At least once every 3 calendar years, but with intervals\nnot exceeding 39 months\nOffshore: At least once each calendar year, but with intervals not\nexceeding15 months\nEnable Gas Transmission (Enable) failed to inspect each pipeline or portion of pipeline\nthat is exposed to the atmosphere for evidence of atmospheric corrosion at least once every\n3 calendar years, but with intervals not exceeding 39 months for onshore pipelines. After\nreviewing the AR-5 Dunn Unit Pipe Inspection History Reports, PHMSA found that\nEnable exceeded the 39-month requirement for atmospheric inspections for the BT-1\npipeline segment O-86 to the ending of the header at the cooler risers. The inspection dates\nwere May 29, 2015 and October 10, 2018, which is 40 months, 11 days. The frequency of\ninspection exceeded the requirement by 1 month, 11 days.\n§ 192.481 Atmospheric corrosion control: Monitoring.\n(b) During inspections, the operator must give particular attention to pipe at soil-to-\nair interfaces, under thermal insulation, under disbonded coatings, at pipe supports,\nin splash zones, at deck penetrations, and in spans over water.\nEnable failed to adequately give particular attention to pipe in spans over water when\nconducting atmospheric corrosion inspections. PHMSA reviewed the Enid Unit\natmospheric corrosion inspection records and found that in two locations, Enable used\nbinoculars to perform its atmospheric corrosion inspections for the pipelines that span over\nwater. Particular attention must be paid to the entire pipe segment spanning over water,\nspecifically where the pipe segment is in contact with pipe supports and bridge housings.\nThese areas may not be visible from a distance using binoculars, preventing adequate\natmospheric corrosion inspections. On Line 23-24, which spans the Arkansas River\nBridge, the description of work states that the pipeline was inspected via binoculars and\nrain holes in the bridge. On Line 25, which is under the Walnut River Bridge, the\ndescription of work states that the pipeline was inspected with binoculars.\n§ 192.705 Transmission lines: Patrolling.\n(a) Each operator shall have a patrol program to observe surface conditions on and\nadjacent to the transmission line right-of-way for indications of leaks, construction\nactivity, and other factors affecting safety and operation.\nEnable failed to ensure that its right of way (ROW) conditions were acceptable for the type\nof patrolling used to observe surface conditions on and adjacent to the transmission line\nROW for indications of leaks, construction activity, and other factors affecting safety and\noperation. Enable has implemented the Vegetation Management Program, which is a\nspraying program that controls vegetation on the ROW. PHMSA observed five Enable\n2\n\n\n\n4. 5. unit locations where the ROW conditions appeared to be unacceptable due to the amount\nof vegetation on the ROW.\nThe following locations at each unit were observed to have ROW conditions that did not\nprovide for adequate observation of the ROW:\n• Ada Unit: Stringtown Railroad Crossing;\n• AR-2 Russellville: Tates Island ROW outside the station gate, HCA HS 1252\nWalmart in Morrillton, Mooreland Compressor Station ROW outside the station\ngate on the suction side;\n• AR MO Fort Smith: Cossatot East ROW, Winslow Station ROW, HCA HS 1247\nCommercial Building ROW, HCA HS 1246 Sonic, Assisted Living, Apartments\nROW;\n• Enid: HCA on Line 4-1-4 at TS 2142 at W Chestnut Ave and the Tuscana\nApartments, Line 2-H-9 at W Pine N / 2740 Rd ROW; and\n• AR-5 Dunn: Highway 309 ROW for Lines BT-1/BT-1-AN, Paint Rock Road, Mt.\nCarmel Road Crossing.\n§ 192.731 Compressor stations: Inspection and testing of relief devices.\n(a) Except for rupture discs, each pressure relieving device in a compressor station\nmust be inspected and tested in accordance with § 192.739 and § 192.743, and must\nbe operated periodically to determine that it opens at the correct set pressure.\nEnable failed to inspect and test its pressure relieving devices at intervals not exceeding 15\nmonths, but at least once each calendar year in accordance with § 192.739, § 192.743, and\nEnable’s Operating and Maintenance Plan, Procedure No. 304: Inspection and Testing of\nRelief and Automatic Shutdown Devices Compressor Stations.\nDuring the inspection, PHMSA reviewed records for the Clarksville, Piney, and Morrison\nBluff Compressor stations in the Russellville District. A review of Enable’s records\nshowed that it did not inspect and test certain pressure relief valves in calendar year 2016.\nEnable stated that the calendar year 2016 inspections were conducted on December 2,\n2015.\n§ 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any emergency must\nbe inspected and partially operated at intervals not exceeding 15 months, but at least\nonce each calendar year.\nEnable failed to ensure that each transmission line valve that might be required during any\nemergency is inspected and partially operated at intervals not exceeding 15 months, but at\nleast once each calendar year. On July 22, 2019, PHMSA reviewed the Pipeline Block\nValve Inspection records for Sayre and Arapaho Unit in the Wheeler Operations Area and\n3\n\n\n\nfound that BV 34174 had not been operated since March 6, 2018, exceeding the 15-month\nrequirement by 16 months, 17 days. This probable violation is a repeat of a violation found\nin CPF No. 4-2013-1018, Item # 6.\n6. § 192.805 Qualification program.\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified…\nEnable failed to ensure through evaluation that individuals performing covered tasks in the\nChandler and Spiro Unit are qualified. The covered task for performing atmospheric\ncorrosion inspections is 417OP: Atmospheric Corrosion Monitoring. PHMSA reviewed\natmospheric corrosion inspection records for the Holdenville and McAlester operating\nareas. A review of two individuals’ Veriforce records dated September 17, 2019 showed\nthat neither were qualified to perform atmospheric corrosion inspections. The atmospheric\ncorrosion inspection records reviewed by PHMSA showed the two individuals performed\natmospheric corrosion inspections from March 2019 to May 2019.\n7. § 192.935 What additional preventive and mitigative measures must an operator\ntake?\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\nrisk assessment approaches in ASME/ANSI B31.8S (incorporated by reference, see §\n192.7), 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 failed to take additional measures beyond those already required by Part 192 to\nprevent a pipeline failure and to mitigate the consequences of a pipeline failure in high\nconsequence areas (HCA). Enable identified two additional preventive and mitigative\n(P&M) measures for implementation in its HCA segments: (1) Line-of-sight markers; and\n(2) Additional pipeline patrols. Enable failed to implement the identified P&M measures\nin its HCA segments.\n4\n\n\n\nAt the time of the inspection for the Ada unit conducted from August 12-16, 2019, P&M\nmeasures (line-of-sight markers) for three HCA segments were not properly implemented.\nThe three areas were as follows: (1) HS 1115, C-4 Club/Bar, Line 1-AD-10; (2) HS 1492,\nPowell’s Bar and Grill, Line 635-2; and (3) HS 1143, Stonewall Park, Line 636-3. PHMSA\nobserved during the field inspection that line-of-sight markers were not in place in these\nthree HCA segments. On October 3, 2019, Enable provided updated pictures to show that\nthe line-of-sight pipeline markers in the Ada Unit were installed.\nAt the time of the inspection for the Chandler and Spiro unit conducted from September\n16-20, 2019, P&M measures (additional pipeline patrols) for five HCA segments had not\nbeen properly implemented. The five areas are as follows: (1) HS 1132, Eugena Field\nElementary School, Line 34; (2) HS 1135, McAlester Boys and Girls Club, Line 34; (3)\nHS 1136, Speedline Park, Line 34; (4) HS1347, Amoco Building, Wilburton Office\nComplex, Line O; and (5) HS 1349, A&A Tank Truck Company, Wilburton Buildings,\nLine O-1-O.\nPHMSA reviewed 2016-2019 DOT Line Patrol records for the Chandler and Spiro Unit\nand the HCA/Special Permit Additional Work records which are used to document P&M\nmeasures (additional pipeline patrols) for the five HCA segments, and found that the dates\nwere the same in 29 instances dating from 2016 to 2019. PHMSA found that the additional\npipeline patrols were not being performed in addition to the pipeline patrols required by\nPart 192. It appeared that the same patrol was documented twice on separate reports to\nmeet the pipeline patrols required by Part 192 and the P&M measure of additional pipeline\npatrols.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. The Compliance Officer has reviewed\nthe circumstances and supporting documentation involved for the above probable violations and\nhas recommended that you be preliminarily assessed a civil penalty of $147,100 as follows:\n5\n\n\n\nItem number PENALTY\n3 $51,100\n6 $31,400\n7 $64,600\nWarning Items\nWith respect to Items 1 and 4, we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these items. Failure to\ndo so may result in additional enforcement action.\nProposed Compliance Order\nWith respect to items 2, 3, and 5 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous\nMaterials Safety Administration proposes to issue a Compliance Order to Enable Gas\nTransmission. Please refer to the Proposed Compliance Order, which is enclosed and made a part\nof this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, or request a\nhearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the\nAssociate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue a Final Order. If you are responding to this Notice, we propose that you\nsubmit your correspondence to my office within 30 days from receipt of this Notice. This period\nmay be extended by written request for good cause.\n6\n\n\n\nIn your correspondence on this matter, please refer to CPF 4-2020-1004 and, for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Paul Brewer, Executive Vice President of Operations, Enable Midstream Partners, 499 W.\nSheridan, Ste 1500, Oklahoma City, Oklahoma 73102\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n7\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Enable Gas Transmission, LLC (Enable) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance of\nEnable with the pipeline safety regulations:\n1. 2. 3. 4. 5. In regard to Item Number 2 of the Notice pertaining to conducting atmospheric\ncorrosion inspections on pipelines that span rivers and are located underneath\nbridges, Enable must amend its procedure to include detailed guidance on\nconducting atmospheric corrosion inspections for pipelines that span over water\nand are located under bridges. Procedures must be sent to Mary L. McDaniel,\nDirector, Southwest Region for review and approval. After the Director has\napproved the procedure as adequate, Enable must then conduct atmospheric\ncorrosion inspections for pipelines that span over water and under bridges, and\nprovide PHMSA those inspection records, including pictures that document the\ncondition of the pipeline in those areas.\nIn regard to Item Number 3 of the Notice pertaining to right-of-way (ROW)\nconditions, Enable must ensure that its ROW conditions are accessible for walking\npatrols to observe surface conditions for leaks, construction activity, and other\nfactors affecting safety and operation of the pipeline. Enable has developed and\nimplemented its Vegetation Management Program to maintain ROW conditions.\nEnable must provide PHMSA with a list of jurisdictional pipelines where the\nVegetation Management Program has been implemented and a list of jurisdictional\npipelines where the program has not yet been implemented and the implementation\ndates. Enable must also provide PHMSA with a detailed plan of adjustments made\nto patrolling procedures in areas of high vegetation until the Vegetation\nManagement Program has become effective in those areas.\nIn regard to Item Number 5 of the Notice pertaining to inspection and partial\noperation of transmission line valves that might be required during any emergency,\nEnable must conduct a complete valve inspection on BV 34174 and provide\nPHMSA with those inspection records. Enable must also provide PHMSA with\npictures of the valve and the surrounding containment area.\nItems 2 and 5 of the Notice are to be accomplished within 30 days following receipt\nof the Final Order. Item 3 of the Notice is to be accomplished within 90 days\nfollowing receipt of the Final Order.\nIt is requested (not mandated) that Enable maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Mary L. McDaniel, Director, Southwest Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses, and 2) total cost associated with replacements, additions and\nother changes to pipeline infrastructure.\n8\n\n420201004_Final Order_08032020_text.pdf\n\nAugust 3, 2020\nVIA ELECTRONIC MAIL TO: paul.brewer@enablemidstream.com\nMr. Paul Brewer\nExecutive Vice President of Operations\nEnable Midstream Partners, LP\n499 W. Sheridan Avenue, Suite 1500\nOklahoma City, Oklahoma 73102\nRe: CPF No. 4-2020-1004\nDear Mr. Brewer:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nEnable Gas Transmission, LLC. It makes findings of violation and assesses a civil penalty of\n$147,100. This is to acknowledge receipt of payment of the full penalty amount, by wire\ntransfer, dated February 21, 2020. When the terms of the compliance order are completed, as\ndetermined by the Director, Southwest Region, this enforcement action will be closed. Service\nof the Final Order by electronic mail is effective upon the date of transmission as provided under\n49 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. Cary Watson, Vice President, Safety, Environmental and Technical Programs,\nEnable Midstream Partners, LP, cary.watson@enablemidstream.com\nCONFIRMATION OF 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____________________________________________\nIn the Matter of )\n)\n)\nEnable Gas Transmission, LLC, a subsidiary of Enable Midstream Partners, LP, )\n)\nRespondent. )\n____________________________________________)\n) CPF No. 4-2020-1004\nFINAL ORDER\nFrom June 3, 2019, through September 27, 2019, pursuant to 49 U.S.C. § 60117, representatives\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’s (Enable or Respondent) gas transmission pipeline system in\nOklahoma, Arkansas, Texas, Mississippi, Tennessee, Missouri, and Kansas. Enable is one of\ntwo indirect, wholly-owned interstate pipeline subsidiaries of Enable Midstream Partners, LP.1\nEnable operates an approximately 5,890-mile interstate pipeline system located in Kansas,\nMissouri, Mississippi, Tennessee, Arkansas, Louisiana, Oklahoma, and Texas.2\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated January 22, 2020, a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice), which also included warnings pursuant to\n49 C.F.R. § 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nEnable had committed five violations of 49 C.F.R. Part 192 and proposed assessing a civil\npenalty of $147,100 for the alleged violations. The Notice also proposed ordering Respondent to\ntake certain measures to correct the alleged violations. The warning items required no further\naction, but warned the operator to correct the probable violations or face possible future\nenforcement action.\nOn behalf of Enable, Enable Midstream Partners, LP responded to the Notice by letter dated\nFebruary 25, 2020 (Response). The company did not contest the allegations of violation but\nprovided information concerning the corrective actions it had taken and requested a modification\nof the proposed compliance order. Respondent submitted payment of the total proposed penalty\n1 Enable Gas Transmission website, available at https://www.enablemidstream.com/html/pages/egt.html (last\naccessed July 212, 2020).\n2 Enable Gas Transmission, LLC, Annual Report for Calendar Year 2019 - Natural or Other Gas Transmission and\nGathering Systems, on file with PHMSA.\n\n\n\nCPF 4-2020-1004\nPage 2\namount by wire transfer on February 21, 2020. Respondent did not request a hearing and\ntherefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Enable did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.481(b), which states:\n§ 192.481 Atmospheric corrosion control: Monitoring.\n(a) ….\n(b) During inspections, the operator must give particular attention to\npipe at soil-to-air interfaces, under thermal insulation, under disbanded\ncoatings, at pipe supports, in splash zones, at deck penetrations, and in spans\nover water.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.481(b) by failing to give particular\nattention to pipe in spans over water when conducting atmospheric corrosion (AC) inspections.\nSpecifically, the Notice alleged that according to Enable’s AC records, the company used\nbinoculars in two locations to perform AC inspections for pipelines that span over water. The\nNotice alleged that certain areas, for example where the pipe segment is in contact with pipe\nsupports and bridge housing, may not be visible from a distance using binoculars.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.481(b) by failing to give\nparticular attention to pipe in spans over water when conducting AC inspections.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(a), which states:\n§ 192.705 Transmission lines: Patrolling.\n(a) Each operator shall have a patrol program to observe surface\nconditions on and adjacent to the transmission line right-of-way for\nindications of leaks, construction activity, and other factors affecting safety\nand operation.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.705(a) by failing to have a patrol\nprogram that ensured its right-of-way (ROW) conditions were acceptable to observe surface\nconditions on and adjacent to the transmission line ROW for indications of leaks, construction\nactivity, and other factors affecting safety and operation. Specifically, the Notice alleged that\nEnable implemented an Integrated Vegetation Management Program (IVM), yet there were five\nlocations where the amount of vegetation appeared unacceptable for observing surface\nconditions on and adjacent to the transmission line ROW.\n\n\n\nCPF 4-2020-1004\nPage 3\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.705(a) by failing to have a\npatrol program that ensured its ROW conditions were acceptable to observe surface conditions\non and adjacent to the transmission line ROW for indications of leaks, construction activity, and\nother factors affecting safety and operation.\nItem 5: The Notice alleged that Respondent violated 49 C.F.R. § 192.745(a), which states:\n§ 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any\nemergency must be inspected and partially operated at intervals not\nexceeding 15 months, but at least once each calendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.745(a) by failing to ensure that\neach transmission line valve that might be required during an emergency is inspected and\npartially operated at intervals not exceeding 15 months, but at least once each calendar year.\nSpecifically, the Notice alleged that Enable’s Pipeline Block Valve Inspection records\ndemonstrated that one valve had not been operated since March 6, 2018, exceeding the 15-month\nrequirement by 16 months.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.745(a) by failing to ensure that\neach transmission line valve that might be required during an emergency is inspected and\npartially operated at intervals not exceeding 15 months, but at least once each calendar year.\nItem 6: The Notice alleged that Respondent violated 49 C.F.R. § 192.805(b), which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a)….\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified; …\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805(b) by failing to ensure through\nevaluation that individuals performing covered tasks are qualified. Specifically, the Notice\nalleged that Enable records dated September 17, 2019, showed that two individuals were not\nqualified to perform AC inspections, a covered task. The Notice alleged further that these\nindividuals performed AC inspections from March 2019 to May 2019.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.805(b) by failing to ensure\nthrough evaluation that individuals performing covered tasks are qualified.\nItem 7: The Notice alleged that Respondent violated 49 C.F.R. § 192.935(a), which states:\n\n\n\nCPF 4-2020-1004\nPage 4\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 high consequence areas (HCAs). Specifically, the\nNotice alleged that Enable identified, but failed to implement, two preventive and mitigative\nmeasures in its HCA segments: (1) line-of-sight markers and (2) additional pipeline patrols.\nRespondent did not contest this allegation of violation. 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 a pipeline failure and\nto mitigate the consequences of a pipeline failure in HCAs.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.3 In determining the amount of a civil penalty under 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; any effect that\nthe penalty may have on its ability to continue doing business; and the good faith of Respondent\nin attempting to comply with the pipeline safety regulations. In addition, I may consider the\n3 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.\n\n\n\nCPF 4-2020-1004\nPage 5\neconomic benefit gained from the violation without any reduction because of subsequent\ndamages, and such other matters as justice may require. The Notice proposed a total civil\npenalty of $147,100 for the violations cited above.\nItem 3: The Notice proposed a civil penalty of $51,100 for Respondent’s violation of 49 C.F.R.\n§ 192.705(a), for failing to have a patrol program that ensured its ROW conditions were\nacceptable to observe surface conditions on and adjacent to the transmission line ROW for\nindications of leaks, construction activity, and other factors affecting safety and operation.\nEnable neither contested the allegation nor presented any evidence or argument justifying a\nreduction in or elimination of the proposed penalty. Accordingly, having reviewed the record\nand considered the assessment criteria, I assess Respondent a civil penalty of $51,100 for\nviolation of 49 C.F.R. § 192.705(a).\nItem 6: The Notice proposed a civil penalty of $31,400 for Respondent’s violation of 49 C.F.R.\n§ 192.805(b), for failing to ensure through evaluation that individuals performing covered tasks\nare qualified. Enable neither contested the allegation nor presented any evidence or argument\njustifying a reduction in or elimination of the proposed penalty. Accordingly, having reviewed\nthe record and considered the assessment criteria, I assess Respondent a civil penalty of $31,400\nfor violation of 49 C.F.R. § 192.805(b).\nItem 7: The Notice proposed a civil penalty of $64,600 for Respondent’s violation of 49 C.F.R.\n§ 192.935(a), for failing to take additional measures beyond those already required by Part 192\nto prevent a pipeline failure and to mitigate the consequences of a pipeline failure in HCAs.\nEnable neither contested the allegation nor presented any evidence or argument justifying a\nreduction in or elimination of the proposed penalty. Accordingly, having reviewed the record\nand considered the assessment criteria, I assess Respondent a civil penalty of $64,600 for\nviolation of 49 C.F.R. § 192.935(a).\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $147,100, which was paid in full\nby wire transfer on February 21, 2020.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 2, 3, and 5 in the Notice for\nviolations of 49 C.F.R. §§ 192.481(b), 192.705(a) and 192.745(a), respectively. Under\n49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. The Director has indicated that Respondent has taken the following actions\nto address some of the cited violations:\nWith regard to the violation of § 192.705(a) (Item 3), the Director has indicated that Enable\naddressed each of the identified locations and ROWs that needed improvement. The Director\nnoted that all locations have been mowed and that pictures of the ROWs were provided. In\naddition, the Director indicated that Enable continues to implement its IVM program and\n\n\n\nCPF 4-2020-1004\nPage 6\nprovided the requested lists of jurisdictional pipelines where the IVM program has been\nimplemented, and those where it has yet to be implemented with estimated implementation dates.\nThe Director acknowledged that Enable opted not to amend patrolling procedures; rather, Enable\ndecided to maintain ROW conditions in a way that allows personnel to traverse them. Lastly, the\nDirector stated that Enable provided a mowing schedule through 2025 to ensure ROW conditions\nare maintained.\nWith regard to the violation of § 192.745(a) (Item 5), the Director has indicated that Enable\nperformed a complete valve inspection, fully operated valve BV34174, and provided PHMSA\nwith the MAXIMO inspection records and pictures of the valve site and the surrounding\ncontainment area.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice for Items 3 and 5 are not included in this\nOrder.\nWith regard to the violation of § 192.481(b) (Item 2), the Notice proposed that Enable amend its\nprocedures for conducting AC inspections and perform those inspections for pipelines that span\nover water and under bridges within 30 days following receipt of the Final Order. The Director\nindicated that Enable has revised its CC-280 Atmospheric Corrosion Inspection and Control\nprocedure to specify the acceptable methods to be utilized for AC inspections on pipelines that\nspan rivers and are located underneath bridges. However, Enable requested an extension of 365\ndays to allow enough time to evaluate its entire regulated pipeline system to identify all pipelines\nthat span over water or are located under bridges. Enable argued that additional programs and\nprocedures other than its Atmospheric Corrosion Inspection and Control procedure may need to\nbe revised and/or created. Lastly, Enable reasoned that implementation of the new or revised\nprocedures, training for those procedures, and physical inspection of such pipelines will exceed\nthe 30-day allotment of time following receipt of the Final Order proposed in the Notice.\nAs noted above, Enable operates an approximately 5,900-mile interstate pipeline system. The\ninspection covered 3,437 pipeline miles and eight navigable crossings.4 In consideration of the\ntime it will take to implement and train personnel and to perform physical inspections across\nseveral states, I find that additional time to evaluate and inspect pipeline segments that span over\nwater is warranted.\nTherefore, the Compliance Order is modified as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations:\n1. With respect to the violation of § 192.481(b) (Item 2), Respondent must conduct\natmospheric corrosion inspections for pipelines that span over water and under\nbridges, and provide the Director with inspection records, including pictures that\n4 PHMSA Pipeline Safety Violation Report, page 1 of 64, on file with PHMSA.\n\n\n\nCPF 4-2020-1004\nPage 7\ndocument the condition of the pipeline in those areas within 180 days of receipt of the\nFinal 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 (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for each\nday 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 1 and 4, the Notice alleged probable violations of Part 192 but identified\nthem as warning items pursuant to § 190.205. The warnings were for:\n49 C.F.R. § 192.481(a) (Item 1) ─ Respondent’s alleged failure to inspect each\npipeline or portion of pipeline that is exposed to the atmosphere for evidence of\natmospheric corrosion at least once every 3 calendar years, but with intervals not\nexceeding 39 months for onshore pipelines.\n49 C.F.R. § 192.731(a) (Item 4) ─ Respondent’s alleged failure to inspect and\ntest its pressure relieving devices at intervals not exceeding 15 months, but at least\nonce each calendar year in accordance with § 192.739, § 192.743, and\nRespondent’s Operating and Maintenance Plan, Procedure No. 304: Inspection\nand Testing of Relief and Automatic Shutdown Devices Compressor Stations.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject 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.\n\n\n\nCPF 4-2020-1004\nPage 8\nTh","truncated":true,"body_characters":41352}