{"operation":"document","citation":"CPF 42024032WL","title":"ENABLE GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-05-22","effective_on":null,"summary":"CLOSED warning letter citing 192.201(a)(2)(i), 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024032wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024032wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024032wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024032WL","body":"Warning Letter involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.201(a)(2)(i),  192.616(c). The case was opened on 2024-05-22 and is reported as closed as of 2024-05-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024032WL_Warning Letter_05222024_(23-264807).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024032WL/42024032WL_Warning%20Letter_05222024_(23-264807).pdf\n\n42024032WL_Warning Letter_05222024_(23-264807)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024032WL/42024032WL_Warning%20Letter_05222024_(23-264807)_text.pdf\n\n42024032WL_Warning Letter_05222024_(23-264807)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: tom.long@energytransfer.com\nMay 22, 2024\nThomas Long\nChief Executive Officer\nEnergy Transfer, LP\n8111 Westchester Drive\nDallas, Texas 75225\nCPF 4-2024-032-WL\nDear Mr. Long:\nFrom March 6 to October 17, 2023, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.) conducted an on-site inspection of Enable Gas Transmission, LLC’s (Enable)\nnatural gas transmission pipeline system in Texas, Louisiana, and Arkansas.1\nAs a result of the inspection, it is alleged that Enable committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (C.F.R.). The items inspected and the\nprobable violations are:\n1. § 192.616 Public awareness.\n(a) . . . .\n(c) The operator must follow the general program\nrecommendations, including baseline and supplemental requirements\nof API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain\nprovisions of the recommended practice is not practicable and not\nnecessary for safety.\nEnable failed to follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162 in accordance with § 192.616(c) and its procedure.\n1 Enable is a subsidiary of Energy Transfer, LP.\n\n\n\nSpecifically, in 2021, Enable failed to complete an annual audit or review of its program\neffectiveness in accordance with section 8.3 of API RP 1162 and its procedure.\nEnable’s procedure, OM-006 Public Awareness Program (Rev. 8, Sept. 23, 2021) Section 11.2\nAnnual Self-Assessment, requires the Program Manager (or designated representative and/or\nthird-party) to conduct an annual self-assessment of the Program using API RP 1162, 1st Edition,\nAppendix E Table E-1 – I and II guidelines.\nDuring the inspection, Enable failed to produce the annual Program review record for 2021.\nTherefore, Enable failed to follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162 in accordance with § 192.616(c) and its procedure.\n2. § 192.201 Required capacity of pressure relieving and limiting stations.\n(a) Each pressure relief station or pressure limiting station or group of those\nstations installed to protect a pipeline must have enough capacity, and must be set to\noperate, to insure the following:\n(1) . . . .\n(2) In pipelines other than a low pressure distribution system:\n(i) If the maximum allowable operating pressure is 60 p.s.i. (414 kPa) gage or\nmore, the pressure may not exceed the maximum allowable operating pressure plus\n10 percent, or the pressure that produces a hoop stress of 75 percent of SMYS,\nwhichever is lower;\nEnable failed to set each pressure relief station or pressure limiting station or group of those\nstations installed to protect a pipeline with a maximum allowable operating pressure (MAOP) of\n60 p.s.i. (414kPa) or more to ensure that pressure would not exceed the MAOP plus 10 percent, or\nthe pressure that produces a hoop stress of 75 percent of SMYS, whichever is lower in accordance\nwith § 192.201(a)(2)(i). Specifically, Enable failed to set the pressure limiting station/relief station\non Line AM-50 at the correct pressure to protect the pipeline.\nOn August 23, 2023, PHMSA requested to test the capacity of a pressure limiting device (serial\nnumber of 993447-8-DA on Line AM-50). The MAOP at Bert Street Regulator Station in\nDaingerfield, Texas, is 257 psi. During the field inspection, the pressure limiting device failed to\nrelieve pressure at either 257 psi (MAOP) or 282.7 psi (MAOP plus 10 percent). It relieved at\n297.1 psi, over 15 percent of the MAOP for Line AM-50.\nOn November 30, 2023, PHMSA received Enable’s repair records for Line AM-50’s pressure\nlimiting device, completed by Patriot Process Equipment, dated August 24, 2024, which showed\na post-repair set pressure average of 257.4 psi.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023 and before December 28,\n2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists,\n\n\n\nup to a maximum of $2,576,627 for a related series of violations. For violation occurring on or\nafter March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142\nper violation per day the violation persists, up to a maximum of $2,391,142 for a related series of\nviolations. For violation occurring on or after May 3, 2021 and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum 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.\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\nEnergy Transfer, LP 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 4-2024-032-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\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Greg McIlwain, Executive Vice President of Operations, Energy Transfer, LP,\ngregory.mcilwain@energytransfer.com\nEric Amundsen, Senior Vice President of Operations, Energy Transfer, LP,\neric.amundsen@energytransfer.com\nTodd Stamm, Senior Vice President of Operations, Energy Transfer, LP,\ntodd.stamm@energytransfer.com\nJennifer Street, Senior Vice President of Operations Services, Energy Transfer, LP,\njennifer.street@energytransfer.com\n\n\n\nKeegan Pieper, Assistant General Counsel, Energy Transfer, LP,\nkeegan.pieper@energytransfer.com\nMathew Stork, Vice President of Tech Services, Energy Transfer, LP,\nMathew.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":8374}