{"operation":"document","citation":"CPF 42025040NOPV","title":"NIAGARA MOHAWK POWER CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-08-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2629(a)(2)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42025040nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42025040nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42025040nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42025040NOPV","body":"Notice of Probable Violation involving NIAGARA MOHAWK POWER CORP. PHMSA's enforcement data identifies the cited regulation as 193.2629(a)(2)(ii). The case was opened on 2025-08-28 and is reported as closed as of 2025-11-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42025040NOPV_Closure Letter_11252025_(24-308458).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_Closure%20Letter_11252025_(24-308458).pdf\n\n42025040NOPV_Closure Letter_11252025_(24-308458)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_Closure%20Letter_11252025_(24-308458)_text.pdf\n\n42025040NOPV_Final Order_11192025_(24-308458).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_Final%20Order_11192025_(24-308458).pdf\n\n42025040NOPV_Final Order_11192025_(24-308458)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_Final%20Order_11192025_(24-308458)_text.pdf\n\n42025040NOPV_Operator Response to Notice_09262025_(24-308458).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_Operator%20Response%20to%20Notice_09262025_(24-308458).pdf\n\n42025040NOPV_PCO_08282025_(24-308458).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_PCO_08282025_(24-308458).pdf\n\n42025040NOPV_PCO_08282025_(24-308458)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025040NOPV/42025040NOPV_PCO_08282025_(24-308458)_text.pdf\n\n42025040NOPV_Final Order_11192025_(24-308458)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNovember 19, 2025\nVIA ELECTRONIC MAIL TO: ross.turrini@nationalgrid.com\nRoss Turrini\nChief Operating Officer, NY Gas Business\nNational Grid USA\n25 Hub Drive\nMelville, NY 11747\nRe: CPF No. 4-2025-040-NOPV\nDear Mr. Turrini:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Southwest Region, this enforcement action will be closed. Service of the Final Order\nby e-mail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nAlexander Day, Director, Pipeline Safety and Compliance, National Grid,\nalexander.day@nationalgrid.com\nCorinne Byrnes, Principal Program Manager—Federal Programs, National Grid,\ncorinne.byrnes@nationalgrid.com\nAndrew Kohout, Director, Division of LNG Facility Reviews and Inspections Office of\nEnergy Projects, Federal Energy Regulatory Commission, Andrew.Kohout@ferc.gov\n\n\n\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 )\nNiagara Mohawk Power Corporation, ) CPF No. 4-2025-040-NOPV\na subsidiary of National Grid, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn August 28, 2025, pursuant to 49 CFR § 190.207, the Director, Southwest Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Niagara Mohawk Power\nCorporation (Respondent). The Notice proposed finding that Respondent had violated the\npipeline safety regulations in 49 CFR Part 193. The Notice also proposed certain measures to\ncorrect the violation. Respondent did not contest the allegation of violation or corrective\nmeasures.\nBased upon a review of all of the evidence, pursuant to section 190.213, I find Respondent\nviolated the pipeline safety regulation listed below, as more fully described in the enclosed\nNotice, which is incorporated by reference:\n49 CFR § 193.2629(a)(2)(ii) (Item 1) ─ Respondent failed to protect its buried\ncomponents subject to external corrosive attack from external corrosion with a\ncathodic protection system designed to protect components in their entirety in\naccordance with the requirements of section 192.463 by failing to repair its\nmethod of cathodic protection after two consecutive annual cathodic protection\nsurveys at its Providence liquid natural gas facility yielded unacceptable anode\nreadings.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violation. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\n\n\n\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Respondent\npreviously submitted evidence to show appropriate actions have been taken to correct the\nviolation. This evidence is currently under review by the Director. Failure to comply with this\nOrder may result in the assessment of civil penalties under 49 CFR § 190.223 or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration 8701 S. Gessner, Suite 630\nHouston TX 77074\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: ross.turrini@nationalgrid.com\nAugust 28, 2025\nRoss Turrini\nChief Operating Officer, NY Gas Business\nNational Grid USA\n25 Hub Drive\nMelville, NY 11747\nCPF 4-2025-040-NOPV\nDear Mr. Turrini:\nFrom August 13 through 15, 2024 of the onsite 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 Niagara Mohawk Power\nCorporation’s1 (Niagara) liquefied natural gas (LNG) facility in Providence, Rhode Island.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1 Niagara Mohawk Power Corporation is a subsidiary of National Grid USA.\n\n\n\n1. § 193.2629 External corrosion control: buried or submerged components.\n(a) Each buried or submerged component that is subject to external corrosive attack\nmust be protected from external corrosion by—\n(1) …\n(2) The following means:\n(i) …;\n(ii) A cathodic protection system designed to protect components in their\nentirety in accordance with the requirements of § 192.463 of this chapter and\nplaced in operation before October 23, 1981, or within 1 year after the\ncomponent is constructed or installed, whichever is later.\nNiagara failed to protect its buried components subjected to external corrosive attack from external\ncorrosion by maintaining its method of cathodic protection, for its steel, cast iron and ductile iron\nstructures, as required by Appendix D of Part 192 in accordance with § 193.2629. Specifically,\nNiagara failed to repair its cathodic protection after two consecutive annual cathodic protection\nsurveys at its Providence LNG facility yielded unacceptable anode readings.\nA third party inspector performed cathodic protection inspections at Niagara’s Providence LNG\nfacility on November 10, 2022 and October 3, 2023. Both inspections included pipe-to-soil\nvoltage readings at installed anodes on the grounds of each facility using the -0.85 volt criteria, as\nspecified in Appendix D to Part 192, I.A.(1). The November 2022 inspection found the pipe-to-\nsoil reading at anode A004 was -0.50 volts. The October 2023 inspection found the pipe-to-soil\nreading at the same location, A004, was -0.46 volts. However, Niagara took no remedial or\ncorrective action to repair the cathodic protection that anode A004 denotes and control corrosion\nin accordance with Providence LNG’s procedure, US LNG Policy, Operations & Maintenance,\nCorrosion Control & Monitoring (Doc. # OM11) (Rev. 4.0; August 2024).\nSubsequent investigation revealed that Providence LNG has a Corrosion Control Department that\nis meant to work in conjunction with each facility under the National Grid management to enact\ncorrective actions when required. However, because that team’s personnel expected Providence\nLNG management to address the unacceptable Pipe-to-Soil reading, no one from the Team\ninitiated corrective actions. Consequently, the Corrosion Department team also failed to respond\nproperly to the unacceptable voltage reading for anode A004 by initiating remedial or corrective\nactions, for both 2022 and 2023 inspections. As a result, Providence allowed two years to lapse\nbefore attention was drawn to the unacceptable readings. This lapse was identified by the PHMSA\ninspection team during the review of the External Corrosion inspection records\nTherefore, Niagara failed to protect its buried components subjected to external corrosive attack\nfrom external corrosion by maintaining its method of cathodic protection, for its steel, cast iron\nand ductile iron structures, as required by Appendix D of Part 192 in accordance with § 193.2629.\n2\n\n\n\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,412 for a related series of violations. For violation occurring on or\nafter May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\nAlso, for each violation involving LNG facilities, an additional penalty of not more than $99,704\noccurring on or after December 30, 2024 may be imposed. For each violation involving LNG\nfacilities, an additional penalty of not more than $97,179 occurring on or after December 28, 2023\nand before December 30, 2024 may be imposed. For each violation involving LNG facilities, an\nadditional penalty of not more than $94,128 occurring on or after January 6, 2023 and before\nDecember 28, 2023 may be imposed. For each violation involving LNG facilities, an additional\npenalty of not more than $87,362 occurring on or after March 21, 2022 and before January 6, 2023\nmay be imposed. For each violation involving LNG facilities, an additional penalty of not more\nthan $82,245 occurring on or after May 3, 2021 and before March 21, 2022 may be imposed. For\neach violation involving LNG facilities, an additional penalty of not more than $81,284 occurring\non or after January 11, 2021 and before May 3, 2021 may be imposed. For each violation involving\nLNG facilities, an additional penalty of not more than $79,875 occurring on or after July 31, 2019\nand before January 11, 2021 may be imposed.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Item 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Niagara. Please refer to the Proposed\nCompliance Order, which is enclosed and made a part of this Notice.\n3\n\n\n\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be 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 your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region Director\nmay extend the period for responding upon a written request timely submitted demonstrating good\ncause for an extension.\nIn your correspondence on this matter, please refer to CPF 4-2025-040-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\ncc: Corinne Byrnes, Principal Program Manager – Federal Programs,\ncorinne.byrnes@nationalgrid.com\nAndrew Kohout Director, Division of LNG Facility Reviews and Inspections Office of\nEnergy Projects Federal Energy Regulatory Commission\nAndrew.Kohout@ferc.gov\n4\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Niagara Mohawk Power Corporation (Niagara), a\nCompliance Order incorporating the following remedial requirements to ensure the compliance of\nNiagara with the pipeline safety regulations:\nA. In regard to Item 1 of the Notice pertaining to Niagara’s failure to protect its buried\ncomponents subjected to external corrosive attack from external corrosion by\nmaintaining its method of cathodic protection, for its steel, cast iron and ductile iron\nstructures, as required by Appendix D of Part 192 in accordance with § 193.2629,\nNiagara must take remedial action to maintain its method of cathodic protection for\nits steel, cast iron and ductile iron structures at its Providence LNG facility to\ncorrect the deficiencies noted by PHMSA, and provide records documenting\nremedial and corrective actions taken to the Director, Southwest Region, within 45\ndays of receipt of the Final Order.\nB. It is requested (not mandated) that Niagara maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety,\nPipeline and Hazardous Materials Safety Administration. It is requested that these\ncosts be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses, and 2) total cost\nassociated with replacements, additions and other changes to pipeline\ninfrastructure.\n5\n\n42025040NOPV_Closure Letter_11252025_(24-308458)_text.pdf\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration 8701 S. Gessner, Suite 630\nHouston TX 77074\nVIA ELECTRONIC MAIL TO: ross.turrini@nationalgrid.com\nNovember 25, 2025\nRoss Turrini\nChief Operating Officer, NY Gas Business\nNational Grid USA\n25 Hub Drive\nMelville, NY 11747\nCPF 4-2025-040-NOPV\nDear Mr. Turrini:\nFrom August 13 through August 15, 2024, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Niagara Mohawk Power Corporation’sa\n(Niagara) liquefied natural gas (LNG) facility in Providence, Rhode Island.\nAs a result of the inspection, Niagara was issued a Final Order on November 19, 2025. This Order\nincluded a Compliance Order. Based on our review of the documentation you provided, it has\nbeen determined that Niagara has successfully complied with the terms of this Order.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Keith Costa, LNG Compliance & Training Engineer, National Grid USA,\nkeith.costa@nationalgrid.com.\na Niagara Mohawk Power Cooperation is a subsidiary of National Grid USA.","truncated":false,"body_characters":18299}