{"operation":"document","citation":"CPF 42023026WL","title":"FLORIDA GAS TRANSMISSION CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-08","effective_on":null,"summary":"CLOSED warning letter citing 191.23(a)(9), 192.917(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023026wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023026wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023026wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023026WL","body":"Warning Letter involving FLORIDA GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 191.23(a)(9),  192.917(b). The case was opened on 2023-05-08 and is reported as closed as of 2023-05-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023026WL_Warning Letter_05082023_(21-202528).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023026WL/42023026WL_Warning%20Letter_05082023_(21-202528).pdf\n\n42023026WL_Warning Letter_05082023_(21-202528)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023026WL/42023026WL_Warning%20Letter_05082023_(21-202528)_text.pdf\n\n42023026WL_Warning Letter_05082023_(21-202528)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL\nMay 8, 2023\nGreg McIlwain\nExecutive Vice President, Operations\nEnergy Transfer Company\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2023-026-WL\nDear Mr. McIlwain:\nFrom September 14 through 23, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety, pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.) inspected Florida Gas Transmission Co.’s (FGT) pipeline system in\nMaitland, FL.\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. § 191.23 Reporting safety-related conditions.\n(a) Except as provided in paragraph (b) of this section, each\noperator shall report in accordance with § 191.25 the existence of any\nof the following safety-related conditions involving facilities in service:\n(1) . . . .\n(9) Any safety-related condition that could lead to an imminent\nhazard and causes (either directly or indirectly by remedial action of\nthe operator), for purposes other than abandonment, a 20% or more\nreduction in operating pressure or shutdown of operation of a pipeline,\nUNGSF, or an LNG facility that contains or processes gas or LNG.\nFGT failed to report safety-related conditions (SRCs) that resulted in a pipeline shutdown in\naccordance with § 191.23(a)(9). Specifically, FGT shut down its pipeline to repair conditions\nmeeting SRC criteria on FLMEA-21. FGT detected multiple anomalies on its Lake Worth\nElectromagnetic Acoustic Transducer (EMAT) In-Line Inspection survey in April 2021 on\nFLMEA-21, an 18-inch natural gas pipeline, that resulted in Failure Pressure Ratios significantly\n\n\n\nbelow a safe operating pressure. FGT failed to report the conditions to PHMSA despite shutting\ndown the pipeline to repair conditions that met the SRC criteria.\n2. § 192.917 How does an operator identify potential threats to pipeline integrity\nand use the threat identification in its integrity program?\n(a) . . . .\n(b) Data gathering and integration. To identify and evaluate the\npotential threats to a covered pipeline segment, an operator must\ngather and integrate existing data and information on the entire\npipeline that could be relevant to the covered segment. In performing\nthis data gathering and integration, an operator must follow the\nrequirements in ASME/ANSI B31.8S, section 4. At a minimum, an\noperator must gather and evaluate the set of data specified in Appendix\nA to ASME/ANSI B31.8S, and consider both on the covered segment\nand similar non-covered segments, past incident history, corrosion\ncontrol records, continuing surveillance records, patrolling records,\nmaintenance history, internal inspection records and all other\nconditions specific to each pipeline\nFGT failed to integrate existing data and information on the entire pipeline that could be relevant\nto the covered segment in the threat identification in its integrity program in accordance with §\n192.917(b). Specifically, FGT recorded both Sanford Lateral and Lake Worth Right Of Way\n(ROW) Utility factors as 0 in its threat identification. However, Sanford Lateral shares ROW with\nDuke Energy electricity lines overhead and Lake Worth shares ROW with a 24-inch Florida Gas-\nowned line in parallel, so a more conservative selection for Utility factor should have been\nrecorded in the threat identification.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\n\n\n\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\nFlorida Gas Transmission Co being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2023-026-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","truncated":false,"body_characters":6898}