{"operation":"document","citation":"CPF 420203002M","title":"FREEPORT LNG DEVELOPMENT, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-07-14","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2017(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420203002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420203002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420203002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420203002M","body":"Notice of Amendment involving FREEPORT LNG DEVELOPMENT, L.P.. PHMSA's enforcement data identifies the cited regulation as 193.2017(a). The case was opened on 2020-07-14 and is reported as closed as of 2021-05-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420203002M_Closure Letter_05062021_(15-150389S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Closure%20Letter_05062021_(15-150389S).pdf\n\n420203002M_Closure Letter_05062021_(15-150389S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Closure%20Letter_05062021_(15-150389S)_text.pdf\n\n420203002M_Notice of Amendment_07142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Notice%20of%20Amendment_07142020.pdf\n\n420203002M_Notice of Amendment_07142020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Notice%20of%20Amendment_07142020_text.pdf\n\n420203002M_Operator Response to the Notice_08262020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Operator%20Response%20to%20the%20Notice_08262020.pdf\n\n420203002M_Notice of Amendment_07142020_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJuly 14, 2020\nMichael S. Smith\nChairman & CEO\nFreeport LNG Development, L. P.\n333 Clay Street, Suite 5050\nHouston, Texas 77002\nCPF 4-2020-3002M\nDear Mr. Smith:\nOn August 7, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Freeport\nLNG Development, L. P. (FLNG) procedures for the immediate notice of certain incidents\nfollowing an incident that occurred on August 1, 2019 in Freeport, Texas. On the basis of the\ninspection, PHMSA has identified the apparent inadequacy found within FLNG’s plans or\nprocedures, as described below:\n1. §193.2017 Plans and procedures.\n(a) Each operator shall maintain at each LNG plant the plans and procedures required for\nthat plant by this part. The plans and procedures must be available upon request for review\nand inspection by the Administrator or any State Agency that has submitted a current\ncertification or agreement with respect to the plant under the pipeline safety laws (49 U.S.C.\n60101 et seq.). In addition, each change to the plans or procedures must be available at the\nLNG plant for review and inspection within 20 days after the change is made.\nFLNG procedure, Appendix L PHMSA Incident Reporting Requirements, does not provide\nsufficient detail for reporting incidents in accordance with §191.5. The procedure does not reflect\ncurrent code language to include guidance for events that meet the reporting requirements defined\nin §191.5, specifically as they related to the definition of significant events.\nFLNG must amend its procedures to ensure that all events required to be reported under §191.5\nare well defined, including the definition of events deemed significant to the operator and ensure\nprocedural modifications are documented. The procedure must take into consideration the FERC’s\ndefinition found in condition 78, APPENDIX A, 148 FERC 61,076 Docket Nos. CP12-509-000\n\n\n\n2\nand CP12-29-000. The revised procedures must also include guidance for personnel whose\nresponsibilities include gathering appropriate information and/or reporting on what significant\nevents meet the definition of an incident.\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).\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 Freeport LNG Development, L.P. maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary L. McDaniel, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2020-3002M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n420203002M_Closure Letter_05062021_(15-150389S)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMay 6, 2021\nMichael S. Smith\nChairman & CEO\nFreeport LNG Development, L.P.\n333 Clay Street, Suite 5050\nHouston, Texas 77002\nCPF 4-2020-3002M-NOA\nDear Mr. Smith:\nOn August 7, 2019, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Freeport LNG Development, L.P.’s\nprocedures for the immediate notice of certain incidents following an incident that occurred on August 1,\n2019, in Freeport, Texas. As a result of the inspection, PHMSA issued a Notice of Amendment to CITGO\non July 14, 2020, which proposed amendments to its procedures.\nFreeport LNG Development, L.P. submitted its amended procedures on February 12, 2021. PHMSA staff\nreviewed the amended procedures, and it appears that the inadequacies identified in the Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary, and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Mr. Mark Mallet, Vice President, Operations & Engineering, Freeport Development, L.P.\nMr. Mark Roscoe, FERC Regulatory Compliance and Warranty Manager, Freeport LNG\nDevelopment, L.P.","truncated":false,"body_characters":7355}