{"operation":"document","citation":"CPF 42022027NOA","title":"EAST TENNESSEE NATURAL GAS, LLC (SPECTRA ENERGY PARTNERS, LP) — Notice of Amendment","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 amendment citing 193.2503(b), 193.2503(c), 193.2503(g), 193.2505(a), 193.2513(a), 193.2513(b), 193.2513(c), 193.2605(b)(1), 193.2613, 193.2621(a), 193.2717(a), 193.2717(b), 193.2717(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022027noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022027noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022027noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022027NOA","body":"Notice of Amendment involving EAST TENNESSEE NATURAL GAS, LLC (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 193.2503(b),  193.2503(c),  193.2503(g),  193.2505(a),  193.2513(a),  193.2513(b),  193.2513(c),  193.2605(b)(1),  193.2613,  193.2621(a),  193.2717(a),  193.2717(b),  193.2717(c). The case was opened on 2022-01-26 and is reported as closed as of 2022-12-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022027NOA_Closure Letter_12142022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022027NOA/42022027NOA_Closure%20Letter_12142022_(21-209158).pdf\n\n42022027NOA_Closure Letter_12142022_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022027NOA/42022027NOA_Closure%20Letter_12142022_(21-209158)_text.pdf\n\n42022027NOA_Notice of Amendment_01262022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022027NOA/42022027NOA_Notice%20of%20Amendment_01262022_(21-209158).pdf\n\n42022027NOA_Notice of Amendment_01262022_(21-209158)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022027NOA/42022027NOA_Notice%20of%20Amendment_01262022_(21-209158)_text.pdf\n\n42022027NOA_Operator Response to Notice_03252022_(21-209158).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022027NOA/42022027NOA_Operator%20Response%20to%20Notice_03252022_(21-209158).pdf\n\n42022027NOA_Notice of Amendment_01262022_(21-209158)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 26, 2022\nMichele Harradence\nSenior Vice President and Chief Operating Officer\nEast Tennessee Natural Gas, LLC\n5400 Westheimer Court\nHouston, Texas 77056\nCPF 4-2022-027-NOA\nDear Ms. Harradence:\nFrom July 12, 2021 through August 17, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code,\ninspected East Tennessee Natural Gas, LLC’s (ETNG) plans and procedures for its Peak Shaving\nLiquified Natural Gas (LNG) facility located in Sullivan County, Tennessee.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nETNG’s plans or procedures, as described below:\n1. § 193.2503 Operating procedures.\nEach operator shall follow one or more manuals of written procedures to provide safety\nin normal operation and in responding to an abnormal operation that would affect safety.\nThe procedures must include provisions for:\n(a) . . .\n(b) Startup and shutdown, including for initial startup, performance testing to\ndemonstrate that components will operate satisfactory in service.\nETNG’s written LNG Operations Manual, Liquefaction System (Date: 06/27/2018), is inadequate\nbecause it does not include instructions for documenting startup and shutdown sequences in\naccordance with § 193.2503(b).\n\n\n\nSpecifically, ETNG’s procedures regarding liquefaction system startup and shutdown instructs\nETNG personnel to follow an ordered sequence to perform startup and shutdown processes;\nhowever, the procedure does not include provisions for recording the startup or shutdown to\ndemonstrate that the procedure is followed.\nETNG must amend its written procedures to include provisions to demonstrate that startup and\nshutdown sequences are followed as per the written procedure in accordance with § 193.2503.\n2. § 193.2503 Operating procedures.\nEach operator shall follow one or more manuals of written procedures to provide safety\nin normal operation and in responding to an abnormal operation that would affect safety.\nThe procedures must include provisions for:\n(a) . . .\n(c) Recognizing abnormal operating conditions.\nETNG’s written LNG Operations Manual, Miscellaneous Procedures, Tab P (Date: 10/23/2017),\nis inadequate because it does not include details for recognizing and responding to abnormal\noperating conditions (AOCs).\nETNG’s procedures regarding AOCs do not include guidance related to recognizing and\nresponding to AOCs. Moreover, the same procedure references ETNG’s procedure “5-2050\nResponse to Abnormal Operating Operations,” which is applicable to gas transmission pipelines\nsubject to 49 CFR part 192 only.\nETNG must amend its written procedures to include provisions for recognizing and responding to\nAOCs for its LNG operations.\n3. § 193.2503 Operating procedures.\nEach operator shall follow one or more manuals of written procedures to provide safety\nin normal operation and in responding to an abnormal operation that would affect safety.\nThe procedures must include provisions for:\n(a) . . .\n(g) Cooldown of components according to the requirements of § 193.2505.\n§ 193.2505 Cooldown.\n(a) The cooldown of each system of components that is subjected to cryogenic\ntemperatures must be limited to a rate and distribution pattern that keeps thermal\nstresses within design limits during the cooldown period, paying particular attention to\nthe performance of expansion and contraction devices.\nETNG’s written LNG Operations Manual Send-Out (Date: 06/27/2018), is inadequate because it\ndoes not include requirements for components subjected to cryogenic temperatures to be limited\nto a rate and distribution pattern that keeps thermal stresses within design limits during the\ncooldown period. ETNG’s procedure states:\n2\n\n\n\nInitial cooldown of the pump skid is accomplished by opening the\nInternal Tank Valve, latching check valve T1R open and opening\nvalve V-T1P. This allows flow to by-pass valve V-T1Q thru by-pass\nline 3/4A11-P-4. This is done to slowly lower the temperature of the\nprocess piping and equipment to reduce thermal shock. After 72\nhours, valve V-T1P can be closed and cooldown continued thru V-\nT1Q.\nETNG’s procedure does not include temperature measurements to determine the cooldown rate of\ncomponents subject to cryogenic temperatures. ETNG’s procedure only requires that the initial\ncooldown is performed over 72 hours without temperature measurements.\nETNG must amend its written procedures to include temperature rate and distribution\nmeasurement during the cooldown period of components subjected to cryogenic temperatures to\nkeep thermal stresses within the design limit.\n4. § 193.2513 Transfer procedures.\n(a) Each transfer of LNG or other hazardous fluid must be conducted in accordance with\none or more manuals of written procedures to provide for safe transfers.\n(b) The transfer procedures must include provisions for personnel to:\n(1) Before transfer, verify that the transfer system is ready for use, with connections\nand controls in proper positions, including if the system could contain a combustible\nmixture, verifying that it has been adequately purged in accordance with a\nprocedure which meets the requirements of “Purging Principles and Practices\n(incorporated by reference, see § 193.2013)”;\n(2) Before transfer, verify that each receiving container or tank vehicle does not\ncontain any substance that would be incompatible with the incoming fluid and that\nthere is sufficient capacity available to receive the amount of fluid to be transferred;\n(3) Before transfer, verify the maximum filling volume of each receiving container\nor tank vehicle to ensure that expansion of the incoming fluid due to warming will\nnot result in overfilling or overpressure;\n(4) When making bulk transfer of LNG into a partially filled (excluding cooldown\nheel) container, determine any differences in temperature or specific gravity\nbetween the LNG being transferred and the LNG already in the container and, if\nnecessary, provide a means to prevent rollover due to stratification.\n(5) Verify that the transfer operations are proceeding within design conditions and\nthat overpressure or overfilling does not occur by monitoring applicable flow rates,\nliquid levels, and vapor returns.\n(6) Manually terminate the flow before overfilling or overpressure occurs; and\n(7) Deactivate cargo transfer systems in a safe manner by depressurizing, venting,\nand disconnecting lines and conducting any other appropriate operations.\n(c) In addition to the requirements of paragraph (b) of this section, the procedures for\ncargo transfer must be located at the transfer area and include provisions for personnel\nto:\n(1) Be in constant attendance during all cargo transfer operations;\n3\n\n\n\n(2) Prohibit the backing of tank trucks in the transfer area, except when a person is\npositioned at the rear of the truck giving instructions to the driver;\n(3) Before transfer, verify that:\n(i) Each tank car or tank truck complies with applicable regulations governing its\nuse;\n(ii) All transfer hoses have been visually inspected for damage and defects;\n(iii) Each tank truck is properly immobilized with chock wheels, and electrically\ngrounded; and\n(iv) Each tank truck engine is shut off unless it is required for transfer operations;\n(4) Prevent a tank truck engine that is off during transfer operations from being\nrestarted until the transfer lines have been disconnected and any released vapors have\ndissipated;\n(5) Prevent loading LNG into a tank car or tank truck that is not in exclusive LNG\nservice or that does not contain a positive pressure if it is in exclusive LNG service,\nuntil after the oxygen content in the tank is tested and if it exceeds 2 percent by\nvolume, purged in accordance with a procedure that meets the requirements of\n“Purging Principles and Practices (incorporated by reference, see § 193.2013)”.\n(6) Verify that all transfer lines have been disconnected and equipment cleared before\nthe tank car or tank truck is moved from the transfer position; and\n(7) Verify that transfers into a pipeline system will not exceed the pressure or\ntemperature limits of the system.\nETNG’s written LNG Operations Manual, Miscellaneous Procedures, Tab S (Date: 06/27/2018),\nis inadequate because it does not include instructions to perform hazardous fluid transfers.\nETNG’s procedure does not provide any instructions regarding the transfer process other than for\noperating personnel to escort the delivery vehicle in and out of the facility.\nETNG must amend its written procedures to include detailed procedures for hazardous fluid\ntransfer process in accordance with § 193.2513. ETNG’s procedures should be expanded to\ninclude all aspects related to the transfer process, including ensuring the tank truck or car complies\nwith applicable regulations governing its use; a visual inspection of hoses for damage and defects;\nensuring each tank truck is properly immobilized with chock wheels, and electrically grounded;\nand ensuring that each tank truck is turned off unless it is required for transfer operations.\n5. § 193.2605 Maintenance procedures.\n(a) . . .\n(b) Each operator shall follow one or more manuals of written procedures for the\nmaintenance of each component, including any required corrosion control. The\nprocedures must include:\n(1) The details of the inspections or tests determined under paragraph (a) of this\nsection and their frequency of performance;\n§ 193.2613 Auxiliary power sources.\nEach auxiliary power source must be tested monthly to check its operational capability\nand tested annually for capacity. The capacity test must take into account the power\n4\n\n\n\nneeded to start up and simultaneously operate equipment that would have to be served\nby that power source in an emergency.\nETNG’s written LNG Operations Manual (Date: 06/27/2018),did not include a provision to test\nauxiliary power sources monthly in order to check operational capability, or a provision to test\nauxiliary power sources annually for capacity, in accordance with § 193.2613.\nPHMSA requested ETNG’s test procedure regarding the Uninterruptible Power Supply (UPS)\nsystem used as an auxiliary power source. ETNG responded that while it performed inspections,\nit had not formalized the procedure and planned to make the appropriate revisions in the next\nreview cycle of its facilities procedures.\nETNG must amend its written procedures to include performing a monthly operational capability\ntest and an annual capacity test on its UPS system in accordance with § 193.2613.\n6. § 193.2605 Maintenance procedures.\n(a) . . .\n(b) Each operator shall follow one or more manuals of written procedures for the\nmaintenance of each component, including any required corrosion control. The\nprocedures must include:\n(1) The details of the inspections or tests determined under paragraph (a) of this\nsection and their frequency of performance;\n§ 193.2621 Testing transfer hoses.\nHoses used in LNG or flammable refrigerant transfer systems must be:\n(a) Tested once each calendar year, but with intervals not exceeding 15 months, to the\nmaximum pump pressure or relief valve setting;\nETNG’s written LNG Maintenance Manual, M-4 Sendout System, Tab C (Date: 8/6/2018), is\ninadequate as it does not include instructions for transfer hoses used in LNG or flammable\nrefrigerants transfer systems to be pressure tested to maximum pump pressure or relief valve\nsetting. ETNG’s procedure only states the interval and duration of the pressure test and the\ndocumentation of the test results.\nETNG must amend its written procedure to include instructions for transfer hoses used in LNG or\nflammable refrigerants transfer systems to be pressure tested to maximum pump pressure or relief\nvalve setting in accordance with § 193.2621(a).\n7. § 193.2717 Training: fire protection.\n(a) All personnel involved in maintenance and operations of an LNG plant, including\ntheir immediate supervisors, must be trained according to a written plan of initial\ninstruction, including plant fire drills, to:\n(1) Know the potential causes and areas of fire;\n5\n\n\n\n(2) Know the types, sizes, and predictable consequences of fire; and\n(3) Know and be able to perform their assigned fire control duties according to the\nprocedures established under § 193.2509 and by proper use of equipment provided\nunder § 193.2801.\n(b) A written plan of continuing instruction, including plant fire drills, must be\nconducted at intervals of not more than two years to keep personnel current on the\nknowledge and skills they gained in the instruction under paragraph (a) of the section.\n(c) Plant fire drills must provide personnel hands-on experience in carrying out their\nduties under the fire emergency procedures required by § 193.2509.\nETNG’s written procedures for training related to fire protection contained within its LNG\nOperations Manual, Personnel, Tab A (Date: 10/23/2017), is inadequate because it does not\ninclude details of initial and continuing fire protection training, including plant fire drills for\noperation, maintenance, and supervisory personnel.\nDuring the inspection, ETNG representatives stated that all personnel attend a two-day training at\nLNG Fire School for initial fire protection training. Additionally, ETNG stated that the local fire\ndepartment is not trained to conduct LNG fire protection activities, and during an actual emergency\nthe local fire department will rely on the expertise of ETNG personnel for LNG fire protection\nskills. PHMSA’s inspector requested procedures for initial fire training, and ETNG provided its\nLNG Operations Manual, Personnel, Tab A (Date: 10/23/2017), which includes fire protection\ntraining. However, the procedures do not include details regarding the two-day training at LNG\nFire School. Furthermore, ETNG’s procedures require personnel to review various fire protection\ntraining activities and conduct hands-on plant fire drills.\nPHMSA requested ETNG’s Plant Fire Drill Plan, and ETNG provided an informal fire drill\nprocedure without any document control. ETNG’s plant fire drill is divided into two types of\ntraining, Code 1 and Code 2. ETNG’s plant fire drill procedures describe scenarios for Code 2\ntraining, but there are no instructions regarding Code 1 training in the submitted procedures.\nETNG must amend its procedures to include details on initial and refresher fire protection training\nfor operation, maintenance, and supervisory personnel in accordance with § 193.2717. ETNG\nmust revise its Plant Fire Drills Plan to include potential causes, sizes, areas, and consequences of\na fire, and instructions for personnel to perform their duties according to emergency procedures as\nrequired by § 193.2509.\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).\n6\n\n\n\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 East Tennessee Natural Gas, LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary McDaniel, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2022-027-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: Harold North, Senior Engineer of Operational Compliance, Enbridge,\nharold.north@enbridge.com;\nLeo Rosas Jr., Supervisor of Operational Compliance, Enbridge,\nleo.rosasjr@enbridge.com;\nAndrew Kohout, P.E., Director, Division of LNG Facility Reviews and Inspections\nOffice of Energy Projects, Federal Energy Regulatory Commission,\nandrew.kohout@ferc.gov\n7\n\n42022027NOA_Closure Letter_12142022_(21-209158)_text.pdf\n\nVIA ELECTRONIC MAIL\nDecember 14, 2022\nMichele Harradence\nSenior Vice President and Chief Operating Officer\nEast Tennessee Natural Gas, LLC\n5400 Westheimer Court\nHouston, Texas 77056 CPF 4-2022-027-NOA\nDear Ms. Harradence:\nFrom July 12, 2021, through August 17, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code,\ninspected East Tennessee Natural Gas, LLC’s (ETNG) plans and procedures for its Peak Shaving\nLiquified Natural Gas (LNG) facility located in Sullivan County, Tennessee. As a result of the\ninspection, East Tennessee Natural Gas, LLC was issued a Notice of Amendment (Notice) on\nJanuary 26, 2022, which proposed amendments to ETNG’s procedures.\nETNG submitted its amended procedures on 03/25/2022 followed by 06/08/2022, 08/17/2022,\n08/30/2022, and 10/17/2022 submittals. PHMSA reviewed the amended procedures, and it appears\nthat the inadequacies outlined in this Notice have been corrected.\nThis letter is to inform you no further action is necessary, and this case is now closed. Thank you\nfor your cooperation in this matter.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Harold North, Senior Engineer of Operational Compliance, Enbridge,\nharold.north@enbridge.com;\nLeo Rosas Jr., Supervisor of Operational Compliance, Enbridge,\nleo.rosasjr@enbridge.com.\nAndrew Kohout, P.E., Director, Division of LNG Facility Reviews and Inspections\nOffice of Energy Projects, Federal Energy Regulatory Commission,\nandrew.kohout@ferc.gov","truncated":false,"body_characters":20780}