{"operation":"document","citation":"CPF 42022026NOPV","title":"EAST TENNESSEE NATURAL GAS, LLC (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2619(c), 193.2619(e), 193.2801, 193.2911.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022026nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022026nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022026nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022026NOPV","body":"Notice of Probable Violation involving EAST TENNESSEE NATURAL GAS, LLC (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 193.2619(c),  193.2619(e),  193.2801,  193.2911. The case was opened on 2022-01-26 and is reported as closed as of 2025-04-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022026NOPV_Closure Letter_04072025_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Closure%20Letter_04072025_(21-209158).pdf\n\n42022026NOPV_Closure Letter_04072025_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Closure%20Letter_04072025_(21-209158)_text.pdf\n\n42022026NOPV_Final Order_12162022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Final%20Order_12162022_(21-209158).pdf\n\n42022026NOPV_Final Order_12162022_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Final%20Order_12162022_(21-209158)_text.pdf\n\n42022026NOPV_Operator Response to Notice_03252022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Operator%20Response%20to%20Notice_03252022_(21-209158).pdf\n\n42022026NOPV_PCO_01262022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_PCO_01262022_(21-209158).pdf\n\n42022026NOPV_PCO_01262022_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_PCO_01262022_(21-209158)_text.pdf\n\n42022026NOPV_Final Order_12162022_(21-209158)_text.pdf\n\nDecember 16, 2022\nVIA ELECTRONIC MAIL TO: cynthia.hansen@enbridge.com\nMs. Cynthia Hansen\nExecutive Vice President and President\nGas Transmission and Midstream\nEnbridge Inc.\n915 North Eldridge Parkway\nHouston, Texas 77079\nRe: CPF No. 4-2022-026-NOPV\nDear Ms. Hansen:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by East Tennessee Natural Gas, LLC, a\nsubsidiary of Enbridge Inc., to comply with the pipeline safety regulations. When the terms of\nthe compliance order have been completed, as determined by the Director, Southwest Region,\nthis enforcement action will be closed. Service of the Final Order by e-mail is effective upon the\ndate of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Nathan Atanu, Manager, Operational Compliance, Enbridge Inc.,\nnathan.atanu@enbridge.com\nCONFIRMATION OF RECEIPT REQESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nEast Tennessee Natural Gas, LLC, ) CPF No. 4-2022-026-NOPV\na subsidiary of Enbridge Inc., )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom July 12 through August 17, 2021, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the Peak Shaving Liquefied Natural\nGas (LNG) facility and records of East Tennessee Natural Gas, LLC (ETNG or Respondent) in\nSullivan County, Tennessee. ETNG, a subsidiary of Enbridge Inc., operates a natural gas\npipeline system along with an LNG storage facility located near Kingsport, Tennessee.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated January 26, 2022, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that ETNG committed three violations of 49 C.F.R. Part 193 and proposed ordering\nRespondent to take certain measures to correct the alleged violations.\nAfter requesting and receiving an extension of time to respond, Enbridge, Inc., on behalf of\nETNG, responded to the Notice by letter dated March 25, 2022 (Response). The company did\nnot contest the allegations of violation but requested clarification and revision of certain\nrequirements in the Proposed Compliance Order. Respondent did not request a hearing and\ntherefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, ETNG did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n193, as follows:\n1 Enbridge Inc. website, available at\nhttps://www.enbridge.com/map#map:infrastructure,search=%22east%20tennessee%20can%20deliver%22 (last\naccessed Nov. 21, 2022).\n\n\n\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § § 193.2619(c), which states:\n§ 193.2619 Control systems.\n(a) . . .\n(c) Control systems in service, but not normally in operation, such as\nrelief valves and automatic shutdown devices, and control systems for\ninternal shutoff valves for bottom penetration tanks must be inspected and\ntested once each calendar year, not exceeding 15 months, with the following\nexceptions:\nThe Notice alleged that Respondent violated 49 C.F.R. § 193.2619(c) by failing to inspect and\ntest relief valves at least once each calendar month, not exceeding 15 months.\n2 Specifically, the\nNotice alleged that ETNG failed to provide records to demonstrate that testing was performed on\nthe LNG tank relief valves at the requisite intervals.\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. § 193.2619(c) for failing to inspect\nand test LNG tank relief valves at least once each calendar month, not exceeding 15 months.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 193.2801, which states:\n§ 193.2801 Fire protection.\nEach operator must provide and maintain fire protection at LNG plants\naccording to sections 9.1 through 9.7 and section 9.9 of NFPA-59A-2001\n(incorporated by reference, see § 193.2013). However, LNG plants existing\non March 31, 2000, need not comply with provisions on emergency\nshutdown systems, water delivery systems, detection systems, and\npersonnel qualification and training until September 12, 2005.\nThe Notice alleged that Respondent violated 49 C.F.R. § 193.2801 by failing to provide and\nmaintain fire protection at LNG plants according to sections 9.1 through 9.7 and section 9.9 of\nNFPA-59A-2001. Specifically, the Notice alleged two instances of violation. First, ETNG\nfailed to include an evaluation to determine the type, quantity, and location of equipment\nnecessary for the detection and control of fires, leaks, and spills of LNG, flammable refrigerants,\nor flammable gases, and potential non-process and electrical fires as required in section 9.1.2 of\nNFPA-59A-2001. Second, ETNG failed to design an adequate fire water supply and distribution\nsystem in accordance with section 9.4.2 of NFPA-59A-2001.\nRespondent did not contest this allegation of violation.3 Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 193.2801 by failing to provide and\nmaintain fire protection at LNG plants according to sections 9.1 through 9.7 and section 9.9 of\n2 See also 49 C.F.R. § 193.2619(e) (requiring operators to inspect and test relief valves for verification of the valve\nseat lifting pressure and reseating).\n3 In its Response, ETNG provided additional information to support its contention that it complied with the regulatory\nrequirement, despite its decision to not contest a finding of violation. Response, at 4.\n\n\n\nNFPA-59A-2001.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 193.2911, which states:\n§ 193.2911 Security lighting.\nWhere security warning systems are not provided for security\nmonitoring under § 193.2913, the area around the facilities listed under §\n193.2905(a) and each protective enclosure must be illuminated with a\nminimum in service lighting intensity of not less than 2.2 lux (0.2 ft c)\nbetween sunset and sunrise.\nThe Notice alleged that Respondent violated 49 C.F.R. § 193.2911 by failing to illuminate the\narea around the facility listed under § 193.2905(a) and each protective enclosure with a\nminimum in service lighting intensity of not less than 2.2 lux between sunset and sunrise.\nSpecifically, the Notice alleged that ETNG failed to provide the requisite security lighting at its\nPeak Shaving LNG facility between sunset and sunrise.\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. § 193.2911 by failing to illuminate the\narea around the LNG facility with a minimum in service lighting intensity of not less than 2.2 lux\nbetween sunset and sunrise.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for\nviolations of 49 C.F.R. §§ 193.2619(c), 193.2801, and 193.2911, respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601.\nWith regard to the violation of § 193.2801 (Item 2), Respondent claimed that the compliance\nterms set forth in the Proposed Compliance Order for Item 2 should be clarified and revised.4 On\nApril 5, 2022, ETNG and OPS (collectively, the parties) met to discuss the compliance terms and\nthe proposed revisions.5 As a result, the parties agreed to revise the compliance terms for Item 2\nas set forth more fully 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:\n4 Response, at 5-6.\n5 Region Recommendation, at 2-3 (on file with PHMSA).\n\n\n\n1. With respect to the violation of § 193.2619(c) (Item 1), Respondent must inspect\nand test relief valves on LNG tanks for verification of the valve seat lifting pressure\nand reseating. ETNG must develop procedures for LNG Tank relief valves\ninspection and testing. ETNG must complete this item and provide documentation of\nsuch to the Director within 30 days after receipt of a Final Order.\n2. With respect to the violation of § 193.2801 (Item 2), Respondent must perform an\nevaluation in accordance with NFPA-59A-2001 Section 9.1.2. ETNG must re-\nevaluate the Hydraulic Gradient Testing and Fire Hazard Mitigation Analysis\n(Report) to exclude the pumper truck to demonstrate that ETNG meets NFPA-59A-\n2001 Section 9.1.2. The re-evaluation must include the following: (i) the scenarios of\nthe fixed fire protection systems at the facility to simulate the requirement of\nfirewater demands; (ii) clarity on the firefighting process including training and drills\nfor first responders; and (iii) a basis for the estimated time to respond following the\ninitial ignition of a flammable release. ETNG must perform the evaluation described\nabove and provide documentation of such to the Director within 30 days after receipt\nof a Final Order.\nFurther, ETNG must design a firewater supply and distribution system in accordance\nwith NFPA-59A-2001 Section 9.4.2. The design shall provide simultaneous supply\nof fixed fire protection systems at their design flow and pressure, involved in the\nmaximum single incident expected in the plant plus an allowance of 1,000 gpm (63\nL/sec) for hand hose streams for not less than two hours. ETNG must include the\ncoverage of gas and UV detectors at the facility in accordance with NFPA-59-A-2001\nSection 9.1.2. ETNG must complete design criteria and provide documentation of\nsuch to the Director within 30 days after receipt of a Final Order.\n3. With respect to the violation of § 193.2911 (Item 3), Respondent must provide\nminimum in-service lighting intensity of 2.2 lux between sunset and sunrise to areas\naround facilities listed under § 193.2905(a), and each protective enclosure where\nsecurity warning systems are not provided for security monitoring under\n§ 193.2913. ETNG must complete this item within 30 days after receipt of a Final\nOrder.\n4. With respect to Items 2 and 3 of this Order, ETNG must complete all\nimprovements resulting from design or evaluations within 90 days and provide\ndocumentation to the Director after receipt of a Final 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.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\n\n\n\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\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. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of\nthe order, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nDecember 16, 2022\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n42022026NOPV_Closure Letter_04072025_(21-209158)_text.pdf\n\nVIA ELECTRONIC MAIL TO: cynthia.hansen@enbridge.com\nApril 7, 2025\nCynthia Hansen\nExecutive Vice President\nEast Tennessee Natural Gas, LLC\n915 North Eldridge Parkway,\nHouston, Texas 77079\nRE: CPF 4-2022-026-NOPV\nDear Ms. Hansen:\nOn December 16, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to East Tennessee Natural Gas, LLC (ETNG), a Final Order in the above-referenced case.\nThis Order included a Compliance Order. Based on our review of the documentation you\nprovided, it has been determined that ETNG have complied with the terms of this Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Harold North, Senior Engineer of Operational Compliance, harold.north@enbridge.com\nLeo Rosas Jr., Supervisor of Operational Compliance, leo.rosasjr@enbridge.com\nAndrew Kohout, P.E., Director, Division of LNG Facility Reviews and Inspections, Office\nof Energy Projects, Federal Energy Regulatory Commission, andrew.kohout@ferc.gov","truncated":false,"body_characters":15960}