{"operation":"document","citation":"CPF 42022013NOA","title":"FLORIDA GAS TRANSMISSION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-02-10","effective_on":null,"summary":"CLOSED notice of amendment citing 192.911(o), 192.933(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022013noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022013noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022013noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022013NOA","body":"Notice of Amendment involving FLORIDA GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 192.911(o),  192.933(b). The case was opened on 2022-02-10 and is reported as closed as of 2022-11-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022013NOA_Closure Letter_11172022_(20-185585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022013NOA/42022013NOA_Closure%20Letter_11172022_(20-185585).pdf\n\n42022013NOA_Closure Letter_11172022_(20-185585)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022013NOA/42022013NOA_Closure%20Letter_11172022_(20-185585)_text.pdf\n\n42022013NOA_Notice of Amendment_02102022_(20-185585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022013NOA/42022013NOA_Notice%20of%20Amendment_02102022_(20-185585).pdf\n\n42022013NOA_Notice of Amendment_02102022_(20-185585)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022013NOA/42022013NOA_Notice%20of%20Amendment_02102022_(20-185585)_text.pdf\n\n42022013NOA_Operator Response to Notice_03142022_(20-185585).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022013NOA/42022013NOA_Operator%20Response%20to%20Notice_03142022_(20-185585).pdf\n\n42022013NOA_Notice of Amendment_02102022_(20-185585)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nFebruary 10, 2022\nEric Amundsen\nSenior Vice President, Operations\nFlorida Gas Transmission Company\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2022-013-NOA\nDear Mr. Amundsen:\nFrom March 9, 2020 through July 9, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected Florida Gas Transmission Company’s (FGT) procedures for operations and maintenance\nin Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nFGT’s plans or procedures, as described below:\n1. § 192.911 - What are the elements of an integrity management program?\n(a) . . .\n(o) Procedures for ensuring that each integrity assessment is being conducted in a\nmanner that minimizes environmental and safety risks.\nFGT’s written Integrity Management Plan is inadequate because it does not include procedures\nfor ensuring that each integrity assessment is conducted in a manner that minimizes\nenvironmental and safety risks. FGT’s Standard Operating Procedure, Volume I – PIPELINE,\nPigging and Pig Trap Operation, Procedure No.: I.13 (Effective Date: 4/1/2021) does not\ninclude requirements for minimizing environmental risks.\nPHMSA reviewed an environmental clearance report for the hydrostatic test report on the 4\"\nFLBXC Brandon Tap hydrotest, which indicated that the residual liquids from the pig trap were\nbeing collected.\n\n\n\nFGT could not identify which part of the procedure requires carrying out that activity, or any\nprovisions for minimizing environmental risks related to that activity.\nAlthough FGT stated in its Response to the Post-Inspection Written Preliminary Findings that it\ncarries out a pre-job hazards review that considers environmental risks, there are no written\nprocedures to address steps to take to minimize environmental risks.\nFGT must amend its procedure to include requirements specific to minimizing environmental risks.\n2. § 192.933 - What actions must be taken to address integrity issues?\n(a)…\n(b) Discovery of condition. Discovery of a condition occurs when an operator has\nadequate information about a condition to determine that the condition presents a\npotential threat to the integrity of the pipeline. A condition that presents a potential\nthreat includes, but is not limited to, those conditions that require remediation or\nmonitoring listed under paragraphs (d)(1) through (d)(3)of this section. An operator\nmust promptly, but no later than 180 days after conducting an integrity assessment,\nobtain sufficient information about a condition to make that determination, unless\nthe operator demonstrates that the 180-day period is impracticable.\nFGT’s written Integrity Management Plan is inadequate because it does not provide provisions\nfor acceptance of preliminary results to be used in the characterization of a condition that would\nlead to the discovery of a condition from pipeline assessments submitted by the vendor and\nallows an excess of time for the determination.\nFGT’s written Pipeline Integrity Management Plan, 7.1 Discovery of a Condition states, “Prior\nto receipt of a final report, consider all data shared…as preliminary. This preliminary\ninformation is not used to characterize the condition of the pipeline.” The term “discovery” is\ndefined in the regulation as “when the operator has adequate information to determine that the\ncondition presents a potential threat to the integrity of the pipeline.” The presence of any\nimmediate condition on a preliminary report on which the pipeline data is integrated should be\ndetermined as adequate information that requires a verification dig and any follow-up\nremediation ensuing. FGT not acting on a preliminary report and allowing up to 30 days from\nwhen a report is received to declare acceptance of the results when it includes a condition that\npresents a potential threat to the integrity of the pipeline is unacceptable.\nFGT must amend its written Integrity Management Plan to accommodate utilizing the\npreliminary report from assessments in the characterization of features that meet the immediate\ncondition requirement. Additionally, FGT must give consideration to reduce the amount of\ntime (from up to 30 days) from when the final results are received for its acceptance, to a more\nreasonable timeframe.\n2\n\n\n\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 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 P.E, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2022-013-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 Company,\ntodd.nardozzi@energytransfer.com\n3\n\n42022013NOA_Closure Letter_11172022_(20-185585)_text.pdf\n\nVIA ELECTRONIC MAIL\nNovember 17, 2022\nMr. Greg McIlwain\nExecutive Vice President, Operations\nEnergy Transfer Company\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2022-013-NOA\nDear Mr. McIlwain:\nFrom March 9, 2020, through July 9, 2021, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Florida Gas Transmission Company’s (FGT)\nprocedures for operations and maintenance in Houston, Texas. As a result of the inspection, FGT\nwas issued a Notice of Amendment on February 10, 2022, which proposed amendment of your\nprocedures.\nFGT submitted its amended procedures on March 14, 2022. My staff reviewed the amended\nprocedures and consulted with FGT personnel concerning the changes made to address item 2.\nSubsequently additional changes were made to the procedure, and it was resubmitted to PHMSA\non November 8, 2022. It appears that the inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Todd Nardozzi, todd.nardozzi@energytransfer.com","truncated":false,"body_characters":9746}