{"operation":"document","citation":"CPF 42024062NOA","title":"CHATTANOOGA GAS CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-11-19","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2605(b)(2), 193.2637.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024062noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024062noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024062noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024062NOA","body":"Notice of Amendment involving CHATTANOOGA GAS CO. PHMSA's enforcement data identifies the cited regulations as 193.2605(b)(2),  193.2637. The case was opened on 2024-11-19 and is reported as closed as of 2025-03-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024062NOA_Closure Letter_03212025_(24-298758).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024062NOA/42024062NOA_Closure%20Letter_03212025_(24-298758).pdf\n\n42024062NOA_Closure Letter_03212025_(24-298758)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024062NOA/42024062NOA_Closure%20Letter_03212025_(24-298758)_text.pdf\n\n42024062NOA_Notice of Amendment_11192024_(24-298758).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024062NOA/42024062NOA_Notice%20of%20Amendment_11192024_(24-298758).pdf\n\n42024062NOA_Notice of Amendment_11192024_(24-298758)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024062NOA/42024062NOA_Notice%20of%20Amendment_11192024_(24-298758)_text.pdf\n\n42024062NOA_Operator Response to Notice_12272024_(24-298758).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024062NOA/42024062NOA_Operator%20Response%20to%20Notice_12272024_(24-298758).pdf\n\n42024062NOA_Notice of Amendment_11192024_(24-298758)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: ppcherry@southernco.com\nNovember 19, 2024\nPedro Cherry\nPresident and Chief Executive Officer\nChattanooga Gas Company\n10 Peachtree Place NE\nAtlanta, GA 30309\nCPF 4-2024-062-NOA\nDear Mr. Cherry:\nFrom March 11 to 14, 2024, of the on-site inspection, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode (U.S.C.) inspected Chattanooga Gas Company’s (Chattanooga Gas) procedures for the\noperations and maintenance of the Chattanooga Gas liquefied natural gas (LNG) facility in\nChattanooga, Tennessee.\nAs a result of the inspection, PHMSA has identified an apparent inadequacy found within\nChattanooga Gas’s plans or procedures. The item inspected and the inadequacy is described\nbelow:\n1. § 193.2605 Maintenance procedures.\n(a) . . . .\n(b) Each operator shall follow one or more manuals of written\nprocedures for the maintenance of each component, including any\nrequired corrosion control. The procedures must include:\n(1) . . . .\n(2) A description of other actions necessary to maintain the LNG\nplant according to the requirements of this subpart.\n§ 193.2637 Remedial measures.\nPrompt corrective or remedial action must be taken whenever an\noperator learns by inspection or otherwise that atmospheric, external,\nor internal corrosion is not controlled as required by this subpart.\n\n\n\nChattanooga Gas’s written procedures for conducting maintenance activities were inadequate to\nassure safe operation of a pipeline facility in accordance with § 193.2605(b)(2). Specifically, in\nChattanooga Gas’s procedure, LNG Manual, Division IV - Maintenance, Section 3 Corrosion\nControl (Rev. 14; May 16, 2023), the definition of “prompt corrective or remedial action” failed\nto include operator- and facility-specific instructions/procedures by failing to define “prompt” in\naccordance with § 193.2637.\nAfter issuance of the preliminary written findings report, Chattanooga Gas submitted revised\nprocedures that clarified “prompt” means within 15 months.\nNo further revisions are required.\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 Enforcement\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 60 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 Chattanooga Gas maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 4-2024-062-NOA and, for each document you submit, please provide a copy\nin electronic format whenever possible.\n\n\n\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: James M. Hotinger, PE, Manager, Compliance and Quality Assurance,\njhoting@southernco.com\n\n42024062NOA_Closure Letter_03212025_(24-298758)_text.pdf\n\nVIA ELECTRONIC MAIL TO: ppcherry@southernco.com\nMarch 21, 2025\nPedro Cherry\nPresident and Chief Executive Officer\nChattanooga Gas Company\n10 Peachtree Place NE\nAtlanta, GA 30309\nRE: CPF 4-2024-062-NOA\nDear Mr. Cherry:\nFrom March 11 to 14, 2024, of the on-site inspection, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected Chattanooga Gas Company’s (Chattanooga Gas) procedures for\nthe operations and maintenance of the Chattanooga Gas liquefied natural gas (LNG) facility in\nChattanooga, Tennessee. As a result of the inspection, Chattanooga Gas was issued a Notice of\nAmendment on November 19, 2024, which proposed amendment of your procedures.\nChattanooga Gas submitted its amended procedures in response to the verbal exit brief on March\n27, 2024. My staff has reviewed the amended procedures, and it appears that the inadequacies\noutlined in this Notice of Amendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: James M. Hotinger, PE, Manager, Compliance and Quality Assurance,\njhoting@southernco.com\nRalph McCollum, Principal Compliance Engineer, rmccollu@southernco.com","truncated":false,"body_characters":7519}