{"operation":"document","citation":"CPF 42023051NOA","title":"PANHANDLE EASTERN PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-10-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1), 192.703(c), 192.731(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023051noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023051noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023051noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023051NOA","body":"Notice of Amendment involving PANHANDLE EASTERN PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(1),  192.703(c),  192.731(b). The case was opened on 2023-10-16 and is reported as closed as of 2024-10-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023051NOA_Notice of Amendment_10162023_(22-235649).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023051NOA/42023051NOA_Notice%20of%20Amendment_10162023_(22-235649).pdf\n\n42023051NOA_Notice of Amendment_10162023_(22-235649)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023051NOA/42023051NOA_Notice%20of%20Amendment_10162023_(22-235649)_text.pdf\n\n42023051NOA_Operator Response to Notice_01152024_(22-235649).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023051NOA/42023051NOA_Operator%20Response%20to%20Notice_01152024_(22-235649).pdf\n\n42023051NOA_Region Withdrawal of Notice Letter_10162024_(22-235649).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023051NOA/42023051NOA_Region%20Withdrawal%20of%20Notice%20Letter_10162024_(22-235649).pdf\n\n42023051NOA_Region Withdrawal of Notice Letter_10162024_(22-235649)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023051NOA/42023051NOA_Region%20Withdrawal%20of%20Notice%20Letter_10162024_(22-235649)_text.pdf\n\n42023051NOA_Notice of Amendment_10162023_(22-235649)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: tom.long@energytransfer.com\nOctober 16, 2023\nThomas Long\nChief Executive Officer\nEnergy Transfer Company\n8111 Westchester Drive\nDallas, Texas 75225\nCPF 4-2023-051-NOA\nDear Mr. Long:\nFrom February 28 to June 24, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected Panhandle Eastern Pipeline Company’s (PEPL) written\nplans and procedures for its natural gas pipeline facilities in Missouri, Kansas, Oklahoma, and\nTexas.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nPEPL’s plans or procedures. The items inspected and the inadequacies are described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\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) Operating, maintaining, and repairing the pipeline in\naccordance with each of the requirements of this subpart and subpart\nM of this part.\n§ 192.703 General.\n(a) . . . .\n(c) Hazardous leaks must be repaired promptly.\n\n\n\nPEPL’s written procedures for conducting operations and maintenance activities were inadequate\nto assure safe operation of a pipeline facility in accordance with § 192.605(b)(1). Specifically,\nPEPL’s O&M manual failed to include procedures requiring the prompt repair of hazardous leaks\nfor emergency valves in accordance with § 192.703(c).\nPEPL’s Standard Operating Procedure Emergency (PHMSA) Valve Inspection, Maintenance and\nOperation: M.01 (June 9, 2022), section 7.1, requires inspection of the valve and valve operator\nfor evidence of leaks, but it does not require prompt repair of an observed hazardous leak.\nTherefore, PEPL’s written procedures for conducting operations and maintenance activities were\ninadequate to assure safe operation of a pipeline facility in accordance with §§ 192.605(b)(1) &\n192.703(c). PEPL must revise its procedures as specified above.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\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) Operating, maintaining, and repairing the pipeline in\naccordance with each of the requirements of this subpart and subpart\nM of this part.\n§ 192.731 Compressor stations: Inspection and testing of relief devices.\n(a) . . . .\n(b) Any defective or inadequate equipment found must be\npromptly repaired or replaced.\nPEPL’s written procedures for conducting operations and maintenance activities were inadequate\nto assure safe operation of a pipeline facility in accordance with § 192.605(b)(1). Specifically,\nPEPL’s procedure, Standard Operating Procedure, Relief Valves Testing, Inspection, and\nMaintenance: M.05 (June 28, 2022) was inadequate because it gives inconsistent directions when\nrelief valves fail or need repair.\nSection 4.0 Frequency instructs to repair or replace relief valves promptly, prior to the next\ninspection cycle, as required, while section 7.2.1 Relief Valves with Isolation Valves instructs to\nadjust, repair and retest, as necessary. In other words, under section 7.2.1., a defective or\ninadequate relief valve may be adjusted and retested instead of repaired or replaced promptly as\nrequired by section 4.0.\nTherefore, PEPL’s written procedures for conducting operations and maintenance activities were\ninadequate to assure safe operation of a pipeline facility in accordance with §§ 192.605(b)(1) &\n192.731(b). PEPL must revise its procedures as specified above.\n\n\n\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.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\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 90 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 Panhandle Eastern Pipeline Company maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Bryan Lethcoe, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2023-051-NOA and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Mr. 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\nMs. Heidi Murchison, Chief Counsel, Energy Transfer, LP,\nheidi.murchison@energytransfer.com\nMr. Leif Jensen, Vice President of Tech Services, Energy Transfer, LP,\nleif.jensen@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\n\n42023051NOA_Region Withdrawal of Notice Letter_10162024_(22-235649)_text.pdf\n\nWITHDRAWAL of NOTICE LETTER\nVIA ELLECTRONIC MAIL: tom.long@energytransfer.com\nOctober 16, 2024\nThomas Long\nChief Executive Officer\nEnergy Transfer Company\n8111 Westchester Drive\nDallas, Texas 75225\nCPF 4-2023-051-NOA\nDear Mr. Long:\nOn October 16, 2023, Panhandle Eastern Pipeline Co. (PEPL) was issued a Notice of\nAmendment letter for the case number referenced above. This Notice cited Panhandle Eastern\nPipeline Co. (PEPL) for inadequate procedures, to comply with 192.605(b)(1) & 192.703(c).\nOn July 25, 2024, PEPL sent additional feedback regarding the Notice of Amendment, clarifying\nthe discrepancies in the procedures.\nThis letter is to inform you that PHMSA, after receiving further information which determined\nthat the procedures were not inadequate as alleged, hereby withdraws the Notice and that the\ncase is now closed.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Greg McIlwain, Executive Vice President, Operations, Energy Transfer LP,\ngreg.mcilwain@energytransfer.com\n\n\n\nEric Amundsen, Senior Vice President, Operations, Energy Transfer LP,\nEric.Amundsen@energytransfer.com\nTodd Stamm, Senior Vice President, Operations, Energy Transfer LP,\ntodd.stamm@energytransfer.com\nJennifer Street, Senior Vice President, Operations Services, Energy Transfer LP,\njennifer.street@energytransfer.com\nKeegan Pieper, Assistant General Counsel, Energy Transfer LP,\nkeegan.pieper@energytransfer.com\nMatthew Stork, Vice President, Technical Services, Energy Transfer LP,\nmatthew.stork@energytransfer.com\nTodd Nardozzi, Director – DOT Compliance, Energy Transfer LP,\ntodd.nardozzi@energytransfer.com\nSusie Sjulin, Director – DOT Compliance, Energy Transfer LP,\nsusie.sjulin@energytransfer.com","truncated":false,"body_characters":10564}