# EAST TENNESSEE NATURAL GAS, LLC (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation

- **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:** Not available
- **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
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- **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.

Official case documents:

42022026NOPV_Closure Letter_04072025_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Closure%20Letter_04072025_(21-209158).pdf

42022026NOPV_Closure Letter_04072025_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Closure%20Letter_04072025_(21-209158)_text.pdf

42022026NOPV_Final Order_12162022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Final%20Order_12162022_(21-209158).pdf

42022026NOPV_Final Order_12162022_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_Final%20Order_12162022_(21-209158)_text.pdf

42022026NOPV_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

42022026NOPV_PCO_01262022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_PCO_01262022_(21-209158).pdf

42022026NOPV_PCO_01262022_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022026NOPV/42022026NOPV_PCO_01262022_(21-209158)_text.pdf

42022026NOPV_Final Order_12162022_(21-209158)_text.pdf

December 16, 2022
VIA ELECTRONIC MAIL TO: cynthia.hansen@enbridge.com
Ms. Cynthia Hansen
Executive Vice President and President
Gas Transmission and Midstream
Enbridge Inc.
915 North Eldridge Parkway
Houston, Texas 77079
Re: CPF No. 4-2022-026-NOPV
Dear Ms. Hansen:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by East Tennessee Natural Gas, LLC, a
subsidiary of Enbridge Inc., to comply with the pipeline safety regulations. When the terms of
the compliance order have been completed, as determined by the Director, Southwest Region,
this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the
date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA
Mr. Nathan Atanu, Manager, Operational Compliance, Enbridge Inc.,
nathan.atanu@enbridge.com
CONFIRMATION OF RECEIPT REQESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
East Tennessee Natural Gas, LLC, ) CPF No. 4-2022-026-NOPV
a subsidiary of Enbridge Inc., )
)
Respondent. )
____________________________________)
FINAL ORDER
From July 12 through August 17, 2021, pursuant to 49 U.S.C. § 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the Peak Shaving Liquefied Natural
Gas (LNG) facility and records of East Tennessee Natural Gas, LLC (ETNG or Respondent) in
Sullivan County, Tennessee. ETNG, a subsidiary of Enbridge Inc., operates a natural gas
pipeline system along with an LNG storage facility located near Kingsport, Tennessee.1
As a result of the inspection, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated January 26, 2022, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that ETNG committed three violations of 49 C.F.R. Part 193 and proposed ordering
Respondent to take certain measures to correct the alleged violations.
After requesting and receiving an extension of time to respond, Enbridge, Inc., on behalf of
ETNG, responded to the Notice by letter dated March 25, 2022 (Response). The company did
not contest the allegations of violation but requested clarification and revision of certain
requirements in the Proposed Compliance Order. Respondent did not request a hearing and
therefore has waived its right to one.
FINDINGS OF VIOLATION
In its Response, ETNG did not contest the allegations in the Notice that it violated 49 C.F.R. Part
193, as follows:
1 Enbridge Inc. website, available at
https://www.enbridge.com/map#map:infrastructure,search=%22east%20tennessee%20can%20deliver%22 (last
accessed Nov. 21, 2022).



Item 1: The Notice alleged that Respondent violated 49 C.F.R. § § 193.2619(c), which states:
§ 193.2619 Control systems.
(a) . . .
(c) Control systems in service, but not normally in operation, such as
relief valves and automatic shutdown devices, and control systems for
internal shutoff valves for bottom penetration tanks must be inspected and
tested once each calendar year, not exceeding 15 months, with the following
exceptions:
The Notice alleged that Respondent violated 49 C.F.R. § 193.2619(c) by failing to inspect and
test relief valves at least once each calendar month, not exceeding 15 months.
2 Specifically, the
Notice alleged that ETNG failed to provide records to demonstrate that testing was performed on
the LNG tank relief valves at the requisite intervals.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 193.2619(c) for failing to inspect
and test LNG tank relief valves at least once each calendar month, not exceeding 15 months.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 193.2801, which states:
§ 193.2801 Fire protection.
Each operator must provide and maintain fire protection at LNG plants
according to sections 9.1 through 9.7 and section 9.9 of NFPA-59A-2001
(incorporated by reference, see § 193.2013). However, LNG plants existing
on March 31, 2000, need not comply with provisions on emergency
shutdown systems, water delivery systems, detection systems, and
personnel qualification and training until September 12, 2005.
The Notice alleged that Respondent violated 49 C.F.R. § 193.2801 by failing to provide and
maintain fire protection at LNG plants according to sections 9.1 through 9.7 and section 9.9 of
NFPA-59A-2001. Specifically, the Notice alleged two instances of violation. First, ETNG
failed to include an evaluation to determine the type, quantity, and location of equipment
necessary for the detection and control of fires, leaks, and spills of LNG, flammable refrigerants,
or flammable gases, and potential non-process and electrical fires as required in section 9.1.2 of
NFPA-59A-2001. Second, ETNG failed to design an adequate fire water supply and distribution
system in accordance with section 9.4.2 of NFPA-59A-2001.
Respondent did not contest this allegation of violation.3 Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 193.2801 by failing to provide and
maintain fire protection at LNG plants according to sections 9.1 through 9.7 and section 9.9 of
2 See also 49 C.F.R. § 193.2619(e) (requiring operators to inspect and test relief valves for verification of the valve
seat lifting pressure and reseating).
3 In its Response, ETNG provided additional information to support its contention that it complied with the regulatory
requirement, despite its decision to not contest a finding of violation. Response, at 4.



NFPA-59A-2001.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 193.2911, which states:
§ 193.2911 Security lighting.
Where security warning systems are not provided for security
monitoring under § 193.2913, the area around the facilities listed under §
193.2905(a) and each protective enclosure must be illuminated with a
minimum in service lighting intensity of not less than 2.2 lux (0.2 ft c)
between sunset and sunrise.
The Notice alleged that Respondent violated 49 C.F.R. § 193.2911 by failing to illuminate the
area around the facility listed under § 193.2905(a) and each protective enclosure with a
minimum in service lighting intensity of not less than 2.2 lux between sunset and sunrise.
Specifically, the Notice alleged that ETNG failed to provide the requisite security lighting at its
Peak Shaving LNG facility between sunset and sunrise.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 193.2911 by failing to illuminate the
area around the LNG facility with a minimum in service lighting intensity of not less than 2.2 lux
between sunset and sunrise.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for
violations of 49 C.F.R. §§ 193.2619(c), 193.2801, and 193.2911, respectively. Under 49 U.S.C.
§ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or
operates a pipeline facility is required to comply with the applicable safety standards established
under chapter 601.
With regard to the violation of § 193.2801 (Item 2), Respondent claimed that the compliance
terms set forth in the Proposed Compliance Order for Item 2 should be clarified and revised.4 On
April 5, 2022, ETNG and OPS (collectively, the parties) met to discuss the compliance terms and
the proposed revisions.5 As a result, the parties agreed to revise the compliance terms for Item 2
as set forth more fully below.
Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is
ordered to take the following actions to ensure compliance with the pipeline safety regulations
applicable to its operations:
4 Response, at 5-6.
5 Region Recommendation, at 2-3 (on file with PHMSA).



1. With respect to the violation of § 193.2619(c) (Item 1), Respondent must inspect
and test relief valves on LNG tanks for verification of the valve seat lifting pressure
and reseating. ETNG must develop procedures for LNG Tank relief valves
inspection and testing. ETNG must complete this item and provide documentation of
such to the Director within 30 days after receipt of a Final Order.
2. With respect to the violation of § 193.2801 (Item 2), Respondent must perform an
evaluation in accordance with NFPA-59A-2001 Section 9.1.2. ETNG must re-
evaluate the Hydraulic Gradient Testing and Fire Hazard Mitigation Analysis
(Report) to exclude the pumper truck to demonstrate that ETNG meets NFPA-59A-
2001 Section 9.1.2. The re-evaluation must include the following: (i) the scenarios of
the fixed fire protection systems at the facility to simulate the requirement of
firewater demands; (ii) clarity on the firefighting process including training and drills
for first responders; and (iii) a basis for the estimated time to respond following the
initial ignition of a flammable release. ETNG must perform the evaluation described
above and provide documentation of such to the Director within 30 days after receipt
of a Final Order.
Further, ETNG must design a firewater supply and distribution system in accordance
with NFPA-59A-2001 Section 9.4.2. The design shall provide simultaneous supply
of fixed fire protection systems at their design flow and pressure, involved in the
maximum single incident expected in the plant plus an allowance of 1,000 gpm (63
L/sec) for hand hose streams for not less than two hours. ETNG must include the
coverage of gas and UV detectors at the facility in accordance with NFPA-59-A-2001
Section 9.1.2. ETNG must complete design criteria and provide documentation of
such to the Director within 30 days after receipt of a Final Order.
3. With respect to the violation of § 193.2911 (Item 3), Respondent must provide
minimum in-service lighting intensity of 2.2 lux between sunset and sunrise to areas
around facilities listed under § 193.2905(a), and each protective enclosure where
security warning systems are not provided for security monitoring under
§ 193.2913. ETNG must complete this item within 30 days after receipt of a Final
Order.
4. With respect to Items 2 and 3 of this Order, ETNG must complete all
improvements resulting from design or evaluations within 90 days and provide
documentation to the Director after receipt of a Final Order.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
PHMSA requests that Respondent maintain documentation of the safety improvement costs
associated with fulfilling this Compliance Order and submit the total to the Director. It is
requested that these costs be reported in two categories: (1) total cost associated with



preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with
replacements, additions and other changes to pipeline infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223), for each violation for
each day the violation continues or in referral to the Attorney General for appropriate relief in a
district court of the United States.
Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final
Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey
Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of
Chief Counsel, PHMSA, at the same address. The written petition must be received no later than
20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a
statement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of
the order, including corrective action, remain in effect unless the Associate Administrator, upon
request, grants a stay.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
December 16, 2022
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

42022026NOPV_Closure Letter_04072025_(21-209158)_text.pdf

VIA ELECTRONIC MAIL TO: cynthia.hansen@enbridge.com
April 7, 2025
Cynthia Hansen
Executive Vice President
East Tennessee Natural Gas, LLC
915 North Eldridge Parkway,
Houston, Texas 77079
RE: CPF 4-2022-026-NOPV
Dear Ms. Hansen:
On December 16, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to East Tennessee Natural Gas, LLC (ETNG), a Final Order in the above-referenced case.
This Order included a Compliance Order. Based on our review of the documentation you
provided, it has been determined that ETNG have complied with the terms of this Order.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Bryan Lethcoe
Director, Southwest Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Harold North, Senior Engineer of Operational Compliance, harold.north@enbridge.com
Leo Rosas Jr., Supervisor of Operational Compliance, leo.rosasjr@enbridge.com
Andrew Kohout, P.E., Director, Division of LNG Facility Reviews and Inspections, Office
of Energy Projects, Federal Energy Regulatory Commission, andrew.kohout@ferc.gov
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