{"operation":"document","citation":"CPF 42024023NOA","title":"CHENIERE CREOLE TRAIL PIPELINE, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-03-20","effective_on":null,"summary":"CLOSED notice of amendment.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024023noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024023noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024023noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024023NOA","body":"Notice of Amendment involving CHENIERE CREOLE TRAIL PIPELINE, L.P.. PHMSA's enforcement data identifies the cited regulation as 60108(a)(1),  60108(a)(2)(E). The case was opened on 2024-03-20 and is reported as closed as of 2024-08-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024023NOA_Closure Letter_08262024_(23-264818).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024023NOA/42024023NOA_Closure%20Letter_08262024_(23-264818).pdf\n\n42024023NOA_Closure Letter_08262024_(23-264818)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024023NOA/42024023NOA_Closure%20Letter_08262024_(23-264818)_text.pdf\n\n42024023NOA_Notice of Amendment_03202024_(23-264818).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024023NOA/42024023NOA_Notice%20of%20Amendment_03202024_(23-264818).pdf\n\n42024023NOA_Notice of Amendment_03202024_(23-264818)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024023NOA/42024023NOA_Notice%20of%20Amendment_03202024_(23-264818)_text.pdf\n\n42024023NOA_Operator Response to Notice_04162024_(23-264818).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024023NOA/42024023NOA_Operator%20Response%20to%20Notice_04162024_(23-264818).pdf\n\n42024023NOA_Closure Letter_08262024_(23-264818)_text.pdf\n\nVIA ELECTRONIC MAIL to: jack.fusco@cheniere.com\nAugust 26, 2024\nJack Fusco\nPresident and Chief Executive Officer\nCheniere Energy, Inc.\n700 Milam Street, Suite 1900\nHouston, Texas 77002\nCPF 4-2024-023-NOA\nDear Mr. Fusco:\nFrom February 21 to July 21, 2023, of the on-site inspection, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to\nChapter 601 of 49 United States Code (U.S.C.) inspected Cheniere Creole Trail Pipeline, L.P.’s\n(Cheniere) procedures regarding the transport of natural gas from Gillis, Louisiana, to the Sabine\nPass liquefied natural gas facility in Cameron Parish, Louisiana, through its 42-inch pipeline.\nCheniere Creole Trail Pipeline, L.P., is a subsidiary of Cheniere Energy, Inc.\nOn March 20, 2024, PHMSA issued the Notice, CPF 4-2024-023-NOA, to Cheniere requiring\namendments of its operations and maintenance procedures.\nCheniere submitted its amended procedures on April 16, 2024. PHMSA reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Corey Grindal, EVP and Chief Operating Officer, cory.grindal@cheniere.com\n\n\n\nChris Williams, Vice President, Pipeline Operations, chris.williams@cheniere.com\nPaul Falgout, Pipeline Regulatory Compliance Manager, paul.falgout@cheniere.com\n\n42024023NOA_Notice of Amendment_03202024_(23-264818)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: jack.fusco@cheniere.com\nMarch 20, 2024\nJack Fusco\nPresident and Chief Executive Officer\nCheniere Energy, Inc.\n700 Milam Street, Suite 1900\nHouston, Texas 77002\nCPF 4-2024-023-NOA\nDear Mr. Fusco:\nFrom February 21 to July 21, 2023, of the on-site inspection, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant\nto Chapter 601 of 49 United States Code (U.S.C.) inspected Cheniere Creole Trail Pipeline, L.P.’s1\n(Cheniere) procedures regarding the transport of natural gas from Gillis, Louisiana, to the Sabine\nPass liquefied natural gas facility in Cameron Parish, Louisiana, through its 42-inch pipeline.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nCheniere’s plans or procedures, as described below:\n1. 49 U.S.C. § 60108. Inspection and maintenance\n(a) . . . .\n(2) If the Secretary or a State authority responsible for enforcing\nstandards prescribed under this chapter decides that a plan required\nunder paragraph (1) of this subsection is inadequate for safe operation,\nthe Secretary or authority shall require the person to revise the plan. .\n. . In deciding on the adequacy of a plan, the Secretary or authority\nshall consider—\n(A) . . . .\n(E) the extent to which the plan addresses the replacement or\nremediation of pipelines that are known to leak based on the material\n(including cast iron, unprotected steel, wrought iron, and historic\nplastics with known issues), design, or past operating and maintenance\nhistory of the pipeline.\n1 Cheniere Creole Trail Pipeline, L.P., is a subsidiary of Cheniere Energy, Inc.\n\n\n\nThe Pipeline Safety Act, 49 U.S.C. § 60108(a)(1), requires each person owning or operating a gas\npipeline facility or hazardous liquid pipeline facility to carry out a written plan for inspection and\nmaintenance of each facility used in transportation. If PHMSA or a certified State authority\ndetermines a written plan does not comply with § 60108(a), has not been adequately implemented,\nis inadequate for the safe operation of a pipeline facility, or is otherwise inadequate, PHMSA or\nthe State authority may require the owner or operator to take corrective action.\nSection 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020,\nPublic Law No. 116-260 (Act), required owners and operators, by December 27, 2021, to update\ntheir inspection and maintenance plans to address the amendments made in the following sections\nof the Act:\nSection 60108(a)(2)(D) requires PHMSA to evaluate the extent to which operators’ plans will\ncontribute to— (i) public safety; (ii) eliminating hazardous leaks and minimizing releases of\nnatural gas from pipeline facilities; and (iii) the protection of the environment; and\nSection 60108(a)(2)(E) requires PHMSA or to evaluate the extent to which operators’ plans\naddress the replacement or remediation of pipelines that are known to leak based on the material\n(including cast iron, unprotected steel, wrought iron, and historic plastics with known issues),\ndesign, or past operating and maintenance history of the pipeline.\nPursuant to 49 U.S.C. § 60108(a), our review of your inspection and maintenance plan indicates\nthe procedures are inadequate for safe operation. Specifically, the following item needs\namendment:\n49 U.S.C. § 60108(a)(2)(E) the extent to which the plan addresses the replacement or remediation\nof pipelines that are known to leak based on the material (including cast iron, unprotected steel,\nwrought iron, and historic plastics with known issues), design, or past operating and maintenance\nhistory of the pipeline.\nCheniere’s procedures are inadequate for safe operation because they do not address the\nreplacement or remediation of pipelines that are known to leak based on the material (including\ncast iron, unprotected steel, wrought iron, and historic plastics with known issues), design, or past\noperating and maintenance history of the pipeline. Cheniere’s procedure (OMP-PPL-6000,\nOperations and Maintenance Manual, Rev. 2022) failed to adequately define leak prone pipe and\nto include a justification for the assertion that it does not operate or own leak prone pipe.\nTherefore, Cheniere’s inspection and maintenance plans were inadequate to assure safe operation\nof a pipeline facility in accordance with 49 U.S.C. § 60108(a)(2)(E). Cheniere must revise its\nprocedures as specified above.\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.\n\n\n\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 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 Cheniere maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Bryan Lethcoe, Director, Southwest, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 4-\n2024-023-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever 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: Corey Grindal, EVP and Chief Operating Officer, cory.grindal@cheniere.com\nChris Williams, Vice President, Pipeline Operations, chris.williams@cheniere.com\nPaul Falgout, Pipeline Regulatory Compliance Manager, paul.falgout@cheniere.com","truncated":false,"body_characters":10244}