{"operation":"document","citation":"CPF 42021041NOA","title":"FLORIDA GAS TRANSMISSION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-08-17","effective_on":null,"summary":"CLOSED notice of amendment citing 192.452(a), 192.605, 192.605(a), 192.615(a)(6), 192.619.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021041noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021041noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021041noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021041NOA","body":"Notice of Amendment involving FLORIDA GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 192.452(a),  192.605,  192.605(a),  192.615(a)(6),  192.619. The case was opened on 2021-08-17 and is reported as closed as of 2022-01-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021041NOA_Closure Letter_01282022_(20-185702).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021041NOA/42021041NOA_Closure%20Letter_01282022_(20-185702).pdf\n\n42021041NOA_Closure Letter_01282022_(20-185702)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021041NOA/42021041NOA_Closure%20Letter_01282022_(20-185702)_text.pdf\n\n42021041NOA_Notice of Amendment_08172021_(20-185702).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021041NOA/42021041NOA_Notice%20of%20Amendment_08172021_(20-185702).pdf\n\n42021041NOA_Notice of Amendment_08172021_(20-185702)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021041NOA/42021041NOA_Notice%20of%20Amendment_08172021_(20-185702)_text.pdf\n\n42021041NOA_Operator Response to Notice and Request Time Extension_09162021_(20-185702).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021041NOA/42021041NOA_Operator%20Response%20to%20Notice%20and%20Request%20Time%20Extension_09162021_(20-185702).pdf\n\n42021041NOA_Notice of Amendment_08172021_(20-185702)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nAugust 17, 2021\nEric Amundsen\nSenior Vice President Operations\nFlorida Gas Transmission Company\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2021-041-NOA\nDear Mr. Amundsen:\nFrom March 16, 2020 through October 2, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Florida Gas Transmission Company’s (FGT) procedures for operations and maintenance\nvia video teleconference. FGT operates under the plans and procedures of its parent company\nEnergy Transfer Pipeline Company (ETC).\nBased on the inspection, PHMSA has identified the apparent inadequacies found within FGT’s\nplans or procedures as described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies\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 procedures\nfor handling abnormal operations. This manual must be reviewed and updated by the\noperator at intervals not exceeding 15 months, but at least once each calendar year.\nThis manual must be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\nETC’s written procedure, Area Emergency Response Plan Development and Maintenance,\nProcedure Number A.19 (Effective Date: 8/1/2019), is inadequate because it does not require\na review of the manual at least once each calendar year as required by § 192.605(a). Section\n4.0 of Procedure A.19 requires that the plan be reviewed annually, not to exceed 15 months;\nhowever, it omits the calendar year requirement as contained in the regulation to ensure the\nreview occurs once each calendar year.\n\n\n\nETC submitted a redlined amendment of Procedure Number A.19 on December 17, 2020, to\naddress the omission as it was pending management approval and implementation. ETC must\nprovide the approved amended procedure.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies\n(a)\n(b) …\n§ 192.619 Maximum allowable operating pressure: Steel or plastic pipelines\n(a) No person may operate a segment of steel or plastic pipeline at a pressure that\nexceeds a maximum allowable operating pressure (MAOP) determined under\nparagraph (c), (d), or (e) of this section, or the lowest of the following:\n(1) The design pressure of the weakest element in the segment, determined in\naccordance with subparts C and D of this part. However, for steel pipe in pipelines\nbeing converted under § 192.14 or uprated under subpart K of this part, if any\nvariable necessary to determine the design pressure under the design formula\n(§192.105) is unknown, one of the following pressures is to be used as design\npressure:\n(i) Eighty percent of the first test pressure that produces yield under section N5\nof Appendix N of ASME B31.8 (incorporated by reference, see §192.7), reduced\nby the appropriate factor in paragraph (a)(2)(ii) of this section; or\n(ii) If the pipe is 12 3∕4 inches (324 mm) or less in outside diameter and is not\ntested to yield under this paragraph, 200p.s.i. (1379 kPa).\n(2) The pressure obtained by dividing the pressure to which the pipeline segment\nwas tested after construction as follows:\n(i) For plastic pipe in all locations, the test pressure is divided by a factor of\n1.5.\n(ii) For steel pipe operated at 100 psi (689 kPa) gage or more, the test pressure\nis divided by a factor determined in accordance with the Table 1 to paragraph\n(a)(2)(ii):\n2\n\n\n\nTABLE 1 TO PARAGRAPH (a)(2)(ii)\nFactors,1,2 segment -\nClass\nlocation\nInstalled\nbefore\n(Nov. 12,\n1970)\nInstalled\nafter\n(Nov. 11,\n1970)\nand before\nJuly 1, 2020\nInstalled on or\nafter July 1,\n2020\nConverted\nunder §192.14\n1 1.1 1.1 1.25 1.25\n2 1.25 1.25 1.25 1.25\n3 1.4 1.5 1.5 1.5\n4 1.4 1.5 1.5 1.5\nFor offshore pipeline segments installed, uprated or converted after July 31,\n1977, that are not located on an offshore platform, the factor is 1.25. For pipeline\nsegments installed, uprated or converted after July 31, 1977, that are located on\nan offshore platform or on a platform in inland navigable waters, including a\npipe riser, the factor is 1.5.\n(3) The highest actual operating pressure to which the segment was subjected\nduring the 5 years preceding the applicable date in the second column. This\npressure restriction applies unless the segment was tested according to the\nrequirements in paragraph (a)(2) of this section after the applicable date in the\nthird column or the segment was uprated according to the requirements in subpart\nK of this part:\nPipeline segment Pressure date Test date\n-Onshore gathering line that\nfirst became subject to this\npart (other than §192.612)\nafter April 13, 2006.\n-Onshore transmission line\nthat was a gathering line not\nsubject to this part before\nMarch 15, 2006.\nMarch 15, 2006, or date\nline becomes subject to\nthis part, whichever is\nlater.\n5 years preceding\napplicable date in\nsecond column.\nOffshore gathering lines. July 1, 1976 July 1, 1971.\nAll other pipelines. July 1, 1970 July 1, 1965\n(4) The pressure determined by the operator to be the maximum safe pressure after\nconsidering and accounting for records of material properties, including material\nproperties verified in accordance with § 192.607, if applicable, and the history of\nthe pipeline segment, including known corrosion and actual operating pressure.\n3\n\n\n\n(b) No person may operate a segment to which paragraph(a)(4) of this section is\napplicable, unless over-pressure protectivedevices are installed on the segment in a\nmanner that will prevent themaximum allowable operating pressure from being\nexceeded, in accordancewith §192.195.\n(c) The requirements on pressure restrictions in this section do not apply in the\nfollowing instance. An operator may operate a segment of pipeline found to be in\nsatisfactory condition, considering its operating and maintenance history, at the\nhighest actual operating pressure to which the segment was subjected during the 5\nyears preceding the applicable date in the second column of the table in paragraph\n(a)(3) of this section. An operator must still comply with § 192.611.\n(d) The operator of a pipeline segment of steel pipeline meeting the conditions\nprescribed in § 192.620(b) may elect to operate the segment at a maximum allowable\noperating pressure determined under § 192.620(a).\n(e) Notwithstanding the requirements in paragraphs (a) through (d) of this section,\noperators of onshore steel transmission pipelines that meet the criteria specified in\n§ 192.624(a) must establish and document the maximum allowable operating pressure\nin accordance with § 192.624.\n(f) Operators of onshore steel transmission pipelines must make and retain records\nnecessary to establish and document the MAOP of each pipeline segment in\naccordance with paragraphs (a) through (e) of this section as follows:\n(1) Operators of pipelines in operation as of July 1, 2020 must retain any existing\nrecords establishing MAOP for the life of the pipeline;\n(2) Operators of pipelines in operation as of July 1, 2020 that do not have records\nestablishing MAOP and are required to reconfirm MAOP in accordance with\n§ 192.624,must retain the records reconfirming MAOP for the life of the pipeline;\nand\n(3) Operators of pipelines placed in operation after July 1, 2020 must make and\nretain records establishing MAOP for the life of the pipeline.\nETC’s written procedure, Determination of MAOP, Procedure No. B.10, Section 7.4 (Effective\nDate: 2/1/2020), is inadequate because it includes a process for establishing a deferred MAOP\nwhich is not allowable under § 192.619. ETC’s procedure describes a deferred MAOP as the\nMAOP of the pipeline when either a temporary or permanent pressure reduction is taken or\nrequired due to a metal loss calculation, or an MAOP reduction is chosen over testing or\nreplacing pipe where there are class location changes. There are no provisions for a deferred\nMAOP under § 192.619.\nETC must amend its Procedure No. B.10 to remove the process for establishing a deferred\nMAOP.\n4\n\n\n\n3. § 192.605 Procedural manual for operations, maintenance, and emergencies\n(a) …\n§ 192.452 How does this subpart apply to converted pipelines and regulated onshore\ngathering lines?\n(a) Converted pipelines. Notwithstanding the date the pipeline was installed or any\nearlier deadlines for compliance, each pipeline which qualifies for use under this part\nin accordance with § 192.14 must meet the requirements of this subpart specifically\napplicable to pipelines installed before August 1, 1971, and all other applicable\nrequirements within 1 year after the pipeline is readied for service. However, the\nrequirements of this subpart specifically applicable to pipelines installed after July\n31, 1971, apply if the pipeline substantially meets those requirements before it is\nreadied for service or it is a segment which is replaced, relocated, or substantially\naltered.\nETC’s written procedure, Cathodic Protection System Design, Procedure No. D.25 (Effective\nDate: 5/1/2018), requires any newly constructed pipelines to have Cathodic Protection installed\nwithin one year, but omits “pipelines converted to service and lines that have become\njurisdictional.”\nETC provided a revised procedure with an effective date of August 1, 2020, with modifications\nto include pipelines converted to service and lines that become jurisdictional and the applicable\ndates. No further action is required.\n5\n\n\n\n4. § 192.615 Emergency Plans\n(a) Each operator shall establish written procedures to minimize the hazard resulting\nfrom a gas pipeline emergency. At a minimum, the procedures must provide for the\nfollowing:\n(1) …\n(6) Emergency shutdown and pressure reduction in any section of the operator's\npipeline system necessary to minimize hazards to life or property.\nETC’s written Emergency Plan fails to provide a process or reference the process to be used\nin instances where a pressure reduction is taken. ETC’s Field Emergency Response\nProcedures, Procedure No. A.08 (Effective Date: 8/1/2019) includes within its scope of\nSection 2 to provide a process/procedure for an emergency shutdown and pressure reduction,\nas effective responses to an emergency; however, it fails to provide the process or reference\nthe process within the procedure.\nETC submitted a redlined amendment of Procedure Number A.08 to address the omission,\nwhich was pending management approval and implementation. ETC must provide the\napproved amended procedure.\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.\n6\n\n\n\nIt is requested (not mandated) that Florida Gas Transmission Company maintain documentation\nof the 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 4-2021-041-NOA 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 Enforcement Proceedings\ncc: Todd Nardozzi, Director Regulatory Compliance, Energy Transfer,\ntodd.nardozzi@energytransfer.com\n7\n\n42021041NOA_Closure Letter_01282022_(20-185702)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 28, 2022\nEric Amundsen\nSenior Vice President Operations\nFlorida Gas Transmission Company\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2021-041-NOA\nDear Mr. Amundsen:\nFrom March 16, 2020 through October 2, 2020, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted a virtual pipeline safety inspection of Florida Gas Transmission Company’s (FGT)\nprocedures via video teleconference. As a result of the inspection, FGT was issued a Notice of\nAmendment on August 17, 2021, which proposed amendments of your procedures.\nFGT submitted its amended procedures on September 16, 2021 and October 14, 2021. PHMSA\nstaff has reviewed these procedures, and it appears that the inadequacies outlined in the Notice\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,\nMary L. McDaniel P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Todd Nardozzi, Director Regulatory Compliance, Energy Transfer,\ntodd.nardozzi@energytranfer.com","truncated":false,"body_characters":15998}