{"operation":"document","citation":"CPF 42023014WL","title":"PINE PRAIRIE ENERGY CENTER LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-22","effective_on":null,"summary":"CLOSED warning letter citing 192.605(b)(8), 192.605(d), 192.705(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023014wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023014wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023014wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023014WL","body":"Warning Letter involving PINE PRAIRIE ENERGY CENTER LLC. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(8),  192.605(d),  192.705(c). The case was opened on 2023-02-22 and is reported as closed as of 2023-02-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023014WL_Warning Letter_02222023_(22-237256).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023014WL/42023014WL_Warning%20Letter_02222023_(22-237256).pdf\n\n42023014WL_Warning Letter_02222023_(22-237256)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023014WL/42023014WL_Warning%20Letter_02222023_(22-237256)_text.pdf\n\n42023014WL_Warning Letter_02222023_(22-237256)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL\nFebruary 22, 2023\nKenneth Foyil\nVice President of Operations\nHartree Natural Gas Storage, LLC\n1 Riverway\nHouston, TX 77056\nCPF 4-2023-014-WL\nDear Mr. Foyil:\nFrom April 12 to September 26, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Hartree Natural Gas Storage, LLC’s (Hartree) Pine Prairie Pipeline Header Gas System\nin Louisiana.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following,\nif applicable, to provide safety during maintenance and operations.\n(1) . . . .\n(8) Periodically reviewing the work done by operator personnel to\ndetermine the effectiveness, and adequacy of the procedures used in\nnormal operation and maintenance and modifying the procedures\nwhen deficiencies are found.\n\n\n\nHartree failed to follow its manual of written procedures for conducting operations and\nmaintenance activities and for emergency response in accordance with § 192.605(a). Specifically,\nHartree failed to periodically review the work done by operator personnel to determine the\neffectiveness, and adequacy of the procedures used in normal operation and maintenance and\nmodifying the procedures when deficiencies are found as required by § 192.605(b)(8).\nHartree’s procedures state that “Hartree periodically reviews the work done by operator personnel\nto determine the effectiveness, and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found.”1 However, Hartree\nfailed to provide records documenting this periodic effectiveness review required by §\n192.605(b)(8) and its procedures.\nTherefore, Hartree failed to follow its manual of written procedures for conducting operations and\nmaintenance activities and for emergency response in accordance with § 192.605(a) and §\n192.605(b)(8).\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(d) Safety-related condition reports. The manual required\nby paragraph (a) of this section must include instructions enabling\npersonnel who perform operation and maintenance activities to\nrecognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of § 191.23 of this\nsubchapter.\nHartree failed to include instructions in its trainings enabling personnel who perform operation\nand maintenance activities to recognize conditions that potentially may be safety-related\nconditions that are subject to the reporting requirements of § 191.23 in accordance with\n§ 192.605(d). Specifically, Hartree failed to provide proper training for its personnel to identify\nsafety-related conditions.\nDuring the PHMSA inspection, Hartree stated that safety meetings are conducted to train\noperations & maintenance personnel on how to recognize conditions that potentially may be\nsafety-related conditions. However, Hartree failed to provide records of those safety meetings.\nHartree must instruct personnel to recognize safety-related conditions and retain supporting\nrecords.\nTherefore, Hartree failed to include instructions in its trainings enabling personnel who perform\noperation and maintenance activities to recognize conditions that potentially may be safety-related\nconditions that are subject to the reporting requirements of § 191.23 in accordance with\n§ 192.605(d).\n1 Pipeline Safety Violation Report (Violation Report), (February 22, 2023) (on file with PHMSA), Exh. A, Hartree\nNatural Gas Storage, LLC Operations and Maintenance Program (O&M), at section 6.8 (Rev. 1).\n\n\n\n3. § 192.705 Transmission lines: Patrolling.\n(a) . . . .\n(c) Methods of patrolling include walking, driving, flying or other\nappropriate means of traversing the right-of-way.\nHartree failed to adequately conduct aerial patrols of its right-of-way (ROW) in accordance with\n§ 192.705(c). Specifically, when conducting aerial patrols, Hartree failed to use the correct\nmileage to observe surface conditions on and adjacent to the transmission line ROW for indications\nof leaks, construction activity, and other factors affecting safety and operation on Pine Prairie’s\nPipeline Header System.\nThe report forms (Pipeline Patrol/Follow up Report Form No. PPEC 204; 9/2009) did not include\nthe correct mileage on the forms that the pilot uses to conduct aerial patrols. In addition,\nobservations are called in to Pine Prairie personnel to investigate near misses and excavation\nactivity. Excavation activity is investigated by Hartree personnel. Therefore, Pine Prairie must\nupdate these forms with the correct mileage (ROW miles or Pipeline miles), as well as notification\nof the observation and the date of investigation by individuals.\nTherefore, Hartree failed to adequately conduct aerial patrols of its right-of-way (ROW) in\naccordance with § 192.705(c).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on\nor after November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so may result in\nHartree Natural Gas Storage, LLC being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2023-014-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: RJ Sheffie, Operations Compliance Manager, Rj.Sheffie@hartreegs.com","truncated":false,"body_characters":9147}