# FREEPORT LNG DEVELOPMENT, L.P. — Notice of Amendment - **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:** Not available - **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. Official case documents: 420203002M_Closure Letter_05062021_(15-150389S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Closure%20Letter_05062021_(15-150389S).pdf 420203002M_Closure Letter_05062021_(15-150389S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Closure%20Letter_05062021_(15-150389S)_text.pdf 420203002M_Notice of Amendment_07142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Notice%20of%20Amendment_07142020.pdf 420203002M_Notice of Amendment_07142020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Notice%20of%20Amendment_07142020_text.pdf 420203002M_Operator Response to the Notice_08262020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420203002M/420203002M_Operator%20Response%20to%20the%20Notice_08262020.pdf 420203002M_Notice of Amendment_07142020_text.pdf NOTICE OF AMENDMENT ELECTRONIC MAIL - RETURN RECEIPT REQUESTED July 14, 2020 Michael S. Smith Chairman & CEO Freeport LNG Development, L. P. 333 Clay Street, Suite 5050 Houston, Texas 77002 CPF 4-2020-3002M Dear Mr. Smith: On August 7, 2019, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Freeport LNG Development, L. P. (FLNG) procedures for the immediate notice of certain incidents following an incident that occurred on August 1, 2019 in Freeport, Texas. On the basis of the inspection, PHMSA has identified the apparent inadequacy found within FLNG’s plans or procedures, as described below: 1. §193.2017 Plans and procedures. (a) Each operator shall maintain at each LNG plant the plans and procedures required for that plant by this part. The plans and procedures must be available upon request for review and inspection by the Administrator or any State Agency that has submitted a current certification or agreement with respect to the plant under the pipeline safety laws (49 U.S.C. 60101 et seq.). In addition, each change to the plans or procedures must be available at the LNG plant for review and inspection within 20 days after the change is made. FLNG procedure, Appendix L PHMSA Incident Reporting Requirements, does not provide sufficient detail for reporting incidents in accordance with §191.5. The procedure does not reflect current code language to include guidance for events that meet the reporting requirements defined in §191.5, specifically as they related to the definition of significant events. FLNG must amend its procedures to ensure that all events required to be reported under §191.5 are well defined, including the definition of events deemed significant to the operator and ensure procedural modifications are documented. The procedure must take into consideration the FERC’s definition found in condition 78, APPENDIX A, 148 FERC 61,076 Docket Nos. CP12-509-000 2 and CP12-29-000. The revised procedures must also include guidance for personnel whose responsibilities include gathering appropriate information and/or reporting on what significant events meet the definition of an incident. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Freeport LNG Development, L.P. maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Mary L. McDaniel, Director, Southwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 4-2020-3002M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Mary L. McDaniel, P.E. Director, Southwest Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 420203002M_Closure Letter_05062021_(15-150389S)_text.pdf ELECTRONIC MAIL - RETURN RECEIPT REQUESTED May 6, 2021 Michael S. Smith Chairman & CEO Freeport LNG Development, L.P. 333 Clay Street, Suite 5050 Houston, Texas 77002 CPF 4-2020-3002M-NOA Dear Mr. Smith: On August 7, 2019, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Freeport LNG Development, L.P.’s procedures for the immediate notice of certain incidents following an incident that occurred on August 1, 2019, in Freeport, Texas. As a result of the inspection, PHMSA issued a Notice of Amendment to CITGO on July 14, 2020, which proposed amendments to its procedures. Freeport LNG Development, L.P. submitted its amended procedures on February 12, 2021. PHMSA staff reviewed the amended procedures, and it appears that the inadequacies identified in the Notice of Amendment have been corrected. This letter is to inform you no further action is necessary, and this case is now closed. Thank you for your cooperation. Sincerely, Mary L. McDaniel, P.E. Director, Southwest Region Pipeline and Hazardous Materials Safety Administration cc: Mr. Mark Mallet, Vice President, Operations & Engineering, Freeport Development, L.P. Mr. Mark Roscoe, FERC Regulatory Compliance and Warranty Manager, Freeport LNG Development, L.P. - **truncated:** false - **body characters:** 7355