{"operation":"document","citation":"CPF 42023047NOPV","title":"ENABLE GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-10-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a), 192.710(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023047nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023047nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023047nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023047NOPV","body":"Notice of Probable Violation involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.710(a). The case was opened on 2023-10-18 and is reported as closed as of 2024-10-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023047NOPV_Final Order_10172024_(22-241127).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023047NOPV/42023047NOPV_Final%20Order_10172024_(22-241127).pdf\n\n42023047NOPV_Final Order_10172024_(22-241127)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023047NOPV/42023047NOPV_Final%20Order_10172024_(22-241127)_text.pdf\n\n42023047NOPV_Operator Response to Notice_01152024_(22-241127).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023047NOPV/42023047NOPV_Operator%20Response%20to%20Notice_01152024_(22-241127).pdf\n\n42023047NOPV_PCO_10182023_(22-241127).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023047NOPV/42023047NOPV_PCO_10182023_(22-241127).pdf\n\n42023047NOPV_PCO_10182023_(22-241127)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023047NOPV/42023047NOPV_PCO_10182023_(22-241127)_text.pdf\n\n42023047NOPV_Final Order_10172024_(22-241127)_text.pdf\n\nOctober 17, 2024\nVIA ELECTRONIC MAIL TO: tom.long@energytransfer.com\nThomas Long\nChief Executive Officer\nEnergy Transfer LP\n8111 Westchester Drive\nDallas, Texas 75225\nRe: CPF 4-2023-047 NOPV\nDear Mr. Long:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that Enable Gas Transmission, LLC, a subsidiary of Energy Transfer LP, has\ncompleted the actions specified in the Notice to comply with the pipeline safety regulations.\nTherefore, this case is now 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 (Final Order)\ncc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Greg McIlwain, Executive Vice President of Operations, Energy Transfer, LP,\ngregory.mcilwain@energytransfer.com\nMr. Eric Amundsen, Senior Vice President of Operations, Energy Transfer, LP,\neric.amundsen@energytransfer.com\n\n\n\nMr. Todd Stamm, Senior Vice President of Operations, Energy Transfer, LP,\ntodd.stamm@energytransfer.com\nMs. Jennifer Street, Senior Vice President of Operations Services, Energy Transfer, LP,\njennifer.street@energytransfer.com\nMr. Keegan Pieper, Associate General Counsel, Energy Transfer, LP,\nkeegan.pieper@energytransfer.com\nMr. Matthew Stork, Vice President of Technical Services, Energy Transfer, LP,\nmatthew.stork@energytransfer.com\nMr. Todd Nardozzi, Director, Regulatory Compliance, Energy Transfer, LP,\ntodd.nardozzi@energytransfer.com\nMs. Susie Sjulin, Director, Regulatory Compliance, Energy Transfer, LP,\nsusie.sjulin@energytransfer.com\nMr. Jimmy Cross, Senior Manager, DOT Compliance, Energy Transfer, LP,\njimmy.cross@energytransfer.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nEnable Gas Transmission, LLC, )\na subsidiary of Energy Transfer LP, ) CPF No. 4-2023-047-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom September 19, 2022, to January 12, 2023, pursuant to 49 U.S.C. § 60117, representatives\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), conducted an onsite pipeline safety inspection of the records and procedures of\nEnable Gas Transmission, LLC (Enable or Respondent) and Enable Mississippi River\nTransmission, LLC (EMRT) in Oklahoma City, Oklahoma. Enable and EMRT are subsidiaries\nof Energy Transfer LP (ET).\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated October 18, 2023, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Enable had violated 49 C.F.R. § 192.605(a) and proposed ordering Respondent to\ntake certain measures to correct the alleged violations.\nEnable responded to the Notice by letter dated January 15, 2024 (Response). In its Response,\nEnable contested two instances of violation and provided additional information regarding the\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 192 as follows:\nItem 1: The Notice alleged that Respondent violated § 192.605(a), which states:\n\n\n\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline,\na manual of written procedures for conducting operations and maintenance\nactivities and for emergency response. For transmission lines, the manual\nmust also include procedures for handling abnormal operations. This\nmanual must be reviewed and updated by the operator at intervals not\nexceeding 15 months, but at least once each calendar year. This manual\nmust be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where operations\nand maintenance activities are conducted.\nThe Notice alleged that Enable violated § 192.605(a) by failing to follow its manual of written\nprocedures for conducting operations and maintenance activities and for emergency response.\nSpecifically, the Notice alleged that Enable failed to follow sections 3 and 3.1 of Energy\nTransfer’s Pipeline Integrity Management Plan: 192.710 ETC Gas Plan (Rev. 3; Apr. 15, 2022)\nwhich requires Enable to identify Moderate Consequence Areas (MCAs) and other pipe\nsegments subject to § 192.710. The Notice alleged that there were four instances where\nRespondent failed to identify MCAs or correctly categorize them in Enable’s Long Term\nAssessment Plan (LTAP) and Keyhole Markup Language, Zipped (KMZ) files for Enable’s\nsystems.1\nThe Notice alleged that at two locations Enable failed to identify an MCA where a roadway was\nwithin a Potential Impact Radius (PIR). First, Pipeline OM-1, a 20-inch natural gas transmission\npipeline, has a PIR that contains an intersected roadway, but this was not labeled as an MCA by\nEnable (Instance 1). Second, the Notice alleged that Pipeline Line B, a 10-inch natural gas\ntransmission pipeline, is in a Class 3 location that parallels a roadway within the PIR of the\npipeline (Instance 2). The Notice alleged that this was also not labeled as an MCA.\nThe Notice also alleged that at two other locations Enable failed to identify an MCA where\nstructures were within a PIR. First, the Notice alleged that a previously identified MCA for\nPipeline JM-30, a 10-inch natural gas transmission pipeline near Vilonia, Arkansas, was not\naccurate because the MCA did not extend far enough to encompass all the required structures\n(Instance 3). Finally, the Notice alleged that Pipeline JM-8, a 6-inch natural gas transmission\npipeline in a Class 3 location in Searcy, Arkansas, has five or more structures intended for\nhuman occupancy within the PIR, but this was not labeled as an MCA (Instance 4).\nIn its Response, Enable did not contest Instance 1 and Instance 3, contested Instance 2 and\nInstance 4, and provided additional information for all four instances. Enable contested Instance\n2, stating that it had determined through the GIS & Operations Collaborative Review phase of\nthe Class, High Consequence Area (HCA) and MCA Management of Change (MOC) process,\nthat the section of Line B referenced in the Notice was abandoned in 2020, and that Respondent\nthen completed the required form to update the data to reflect the accurate system. Enable\n1 See, 49 C.F.R § 192.710.\n\n\n\nprovided documentation to this effect.2 In a written evaluation of the Response and\nrecommendation for final action submitted by the Director pursuant to § 190.209(b)(7), the\nDirector agreed that Line B was abandoned in 2020, despite Enable being unable to provide\nthese records at the time of the inspection. Accordingly, the Director recommended the\nwithdrawal of Instance 2 of the alleged violation.\nEnable also contested Instance 4, stating that the identified area had been correctly identified as\nan MCA on May 28, 2020, and that was indicated as such at the same stationing in the historical\ndatabase. Enable provided the MCA Map and historical data for Line JM-8 in its Response3 and\nstated that there have been no changes to the HCA or MCA in that area. In a written evaluation\nof the Response, the Director stated it had been determined that the correct MCA and HCA were\npresent at time of inspection, but for unknown reasons, were not visible on the files provided by\nRespondent during the inspection. Accordingly, the Director recommended the withdrawal of\nInstance 4.\nHaving reviewed the record, I find that Respondent failed to follow its manual of written\nprocedures as alleged in Instance 1 and Instance 3, where Enable failed to correctly identify\nMCAs for Pipeline OM-1 and Pipeline JM-30. Accordingly, based upon a review of all of the\nevidence, I find that Respondent violated 49 C.F.R. § 192.605(a). For the reasons stated above, I\nwithdraw the probable violations alleged in Instance 2 and Instance 4.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violations of 49\nC.F.R. § 192.605(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director indicates that\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.605(a) (Item 1), Respondent has submitted\ndocumentation demonstrating that it reviewed its processes, training, and methods of\ncommunication between work groups that are associated with the identification of MCAs\nto determine how its existing structure and roadway MCAs were not previously identified\nand submitted a LTAP to the Director, Southwest Region.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\n2 Response, Exhibit 2, Exhibit 3.\n3 Response, Exhibit 5, Exhibit 6.\n\n\n\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.\nOctober 17, 2024\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11773}