{"operation":"document","citation":"CPF 520081004","title":"GAS TRANSMISSION NORTHWEST LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-01-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.463(a), 192.605(a), 192.705(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520081004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520081004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520081004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520081004","body":"Notice of Probable Violation involving GAS TRANSMISSION NORTHWEST LLC. PHMSA's enforcement data identifies the cited regulations as 192.463(a),  192.605(a),  192.705(a). The case was opened on 2008-01-11 and is reported as closed as of 2009-10-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520081004_FinalOrder_09012009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081004/520081004_FinalOrder_09012009.pdf\n\n520081004_FinalOrder_09012009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081004/520081004_FinalOrder_09012009_text.pdf\n\n520081004_NOPV PCO letter_01112008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081004/520081004_NOPV%20PCO%20letter_01112008.pdf\n\n520081004_nopv pco letter_01112008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081004/520081004_nopv%20pco%20letter_01112008_text.pdf\n\n520081004_nopv pco letter_01112008_text.pdf\n\n. . —\nt p, PLOP 5t ~ ~~~\n. - iy4Y\nHectronlcal y\ntiai &te&'P~ — — —\nt i 1 Q4\nit, t Copte'-- ' ,\nDate.\nU. S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n12300 W Dakota Ave, Suite 110\nLakewood, CO 80228\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nJanuary 11, 2008\nMr. Ross Parker\nRegional Director\nTransCanada — Gas Transmission Northwest\n1400 SW Fifth Avenue\nSuite 900\nPortland, OR 97201\nCPF 5-2008-1004\nDear Mr. Parker:\nOn June 25 to 29, 2007, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nGas Transmission Northwest System's, Sandpoint District in Idaho,\nAs a result of the inspection, it appears that you have committed violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations The items inspected and the\nprobable violations are:\n$192. 463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must provide a level\nof cathodic protection that compiies with one or more of the applicable criteria\ncontained in Appendix D of this part. If none of these criteria is applicable, the\ncathodic protection system must provide a level of cathodic protection at least equal\nto that provided by compliance with one or more of these criteria.\nTransCanada has not remediated low cathodic protection (CP) monitoring levels at test\nstation MP 14. 1 on the B-Line of the Gas Transmission Northwest System. Records\nshow that these low levels were documented during their 2005 CP survey, 2006 CP\nsurvey, and again during an October 2006 CP survey Specifically, the CP monitoring\nlevels at station MP 14. 1 have not met the criteria listed under Appendix A, 49 CFR 192\nwhich requires CP monitoring levels to I) be more negative than -850 mV with CP\n\n\n\nbeing interrupted, an \"off' reading, or 2) have a depolarized shift of at least 100 mV.\nCP monitoring records also show that \"off' readings at MP 14. 1 were less negative than\ndepolarized readmgs at the above three CP monitoring surveys. This test station is also\nadjacent to a cased railroad crossing.\nCP monitoring levels must meet one or more of the criteria listed in Appendix A, 49\nCFR 192. Also depolarized readings that are more negative than \"off' readings indicate\npossible interference with the cased crossing or other problems with either the CP\nsystem or the method of CP monitoring.\n$192. 605 Procedural manual for operations, maintenance, and emergencies\nEach operator shall include the following in its operating and maintenance plan:\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nTransCanada was unable to provide records documenting the reviews, once each\ncalendar year not to exceed 15 months, of all procedures required under $192. 605.\nTransCanada did provide documentation showing that their master Operations and\nMaintenance manual had been updated in June 2005 and September 2006 This manual\ndescribes how TransCanada will meet the requirements of 49 CFR 192, and in doing so\nreferences procedures that reside in other TransCanada manuals. TransCanada could not\nprovide documentation that those referenced procedures had been reviewed once each\ncalendar year not to exceed 15 months.\nAn operator must review all operation and maintenance procedures it uses for complying\nwith 49 CFR 192. Review of a master manual alone is not considered adequate.\n$192. 705 Transmission lines: Patrolling.\n(a) Each operator shall have a patrol program to observe surface conditions on\nand adjacent to the transmission line right-of-way for indications of leaks,\nconstruction activity, and other factors affecting safety and operation.\nDuring this inspection it was observed that the pipeline right-of-way (ROW) was\ncovered by dense vegetation. TransCanada uses aircraft to fulfill their patrollmg\nrequirements of the ROW.\nAn operator must keep the ROW and areas adjacent to the ROW in a condition that will\nallow them to observe leak indications, construction activity and other factors affecting\nsafety and operation. If an operator chooses to use aerial patrols then the surface\ncondition must be kept adequately cleared to allow observation of the ground when\nflying overhead.\n\n\n\nPro osed Com liance Order\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to TransCanada. Please refer to the\nProposed Compliance Order that is enclosed and made a part of this Notice.\nWarnin Items\nWith respect to items 2 and 3, we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these items. Be\nadvised that failure to do so may result in TransCanada being subject to additional enforcement\naction.\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Compliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U. S. C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U. S, C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\nIn your correspondence on this matter, please refer to CPF 5-200S-1004 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 (G Davis ¹ 118881)\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\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 TransCanada a Compliance Order incorporating\nthe following remedial requirements to ensure the compliance of TransCanada with the pipeline\nsafety regulations:\n1. In regard to Item Number 1 of the Notice pertaining to low cathodic protection (CP)\nmonitoring levels at MP 14. 1 and pertaining to depolarized CP monitoring levels that\nwere more negative than \"off' CP monitoring levels at MP 14. 1, TransCanada must:\na. Initiate an investigative excavation to inspect the condition of the pipe at MP\n14. 1,\nb, Make repairs to the pipe at MP 14. 1 if necessary,\nc. Ensure that CP monitoring levels meet one or more of the criteria listed in\nAppendix A of 49 CFR 192 and,\nd. Resolve the depolarized CP monitoring levels being higher than the \"off' CP\nmonitoring levels.\n2, TransCanada must complete Item 1 within 30 days after receipt of the Final Order.\n3. TransCanada shall maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to Chris Hoidal,\nDirector, Western Region, Pipeline and Hazardous Materials Safety Administration.\nCosts shall 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 infrastrucMe.\n\n520081004_FinalOrder_09012009_text.pdf\n\nSEP 01 2009\nMr. Ross Parker\nRegional Director, Gas Transmission Northwest\nTransCanada\n1400 SW Fifth Avenue\nSuite 900\nPortland, OR 97201\nRe: CPF No. 5-2008-1004\nDear Mr. Parker:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand specifies actions that TransCanada needs to take to comply with the pipeline safety\nregulations. When the terms of the compliance order have been completed, as determined by the\nDirector, Western Region, this enforcement action will be closed. Your receipt of this Final\nOrder constitutes service of that document under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Chris Hoidal, Director, Western Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5784]\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 )\nTransCanada, ) CPF No. 5-2008-1004\n)\n)\n)\nRespondent. )\n________________________________________)\nFINAL ORDER\nFrom June 25 to June 29, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an inspection of the facilities and records of the Gas Transmission Northwest system\nat the Sandpoint District in Idaho. This system is owned by TransCanada (Respondent) and\nconsists, in part, of two parallel pipelines (A and B lines), totaling 232 miles of pipe, that run\nfrom the Canadian border through Idaho to the Washington border.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated January 11, 2008, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent had violated 49 C.F.R. § 192.463 and proposed ordering Respondent to\ntake certain measures to correct the alleged violation. The Notice also proposed finding that\nRespondent had committed certain probable violations of 49 C.F.R. Part 192 and warning\nRespondent to take appropriate corrective action to address them or be subject to future\nenforcement action.\nRespondent responded to the Notice by letter dated January 18, 2008 (Response). Respondent\ndid not contest the allegation of violation and provided information concerning the corrective\nactions it planned to take. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.463(a), which states:\n\n\n\n2\n§ 192.463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must\nprovide a level of cathodic protection that complies with one or more of\nthe applicable criteria contained in Appendix D of this part. If none of\nthese criteria is applicable, the cathodic protection system must provide a\nlevel of cathodic protection at least equal to that provided by compliance\nwith one or more of these criteria.\nThe Notice alleged that Respondent violated § 192.463(a) by failing to provide a level of\ncathodic protection that complies with one or more of the applicable criteria contained in\nadequate cathodic protection (CP) on its “B-Line” pipeline in 2005 and 2006. Respondent’s\nrecords of 2005 and 2006 CP surveys in the vicinity of Mile Post 14.1 on the B-Line showed\nnegative voltages of 0.58 volt, 0.59 volt, and 0.46 volt, respectively, and that “off” readings at\nmilepost 14.1 were less negative than depolarized readings during all three surveys. MP 14.1 is\nAppendix D of Part 192.1 Specifically, the Notice alleged that TransCanda failed to provide\nat the location of a cased pipeline crossing beneath railroad tracks. In its Response, TransCanda\ndid not contest this allegation. Accordingly, I find that Respondent violated 49 C.F.R. §\n192.463(a) by failing to provide a level of cathodic protection on its B-Line that complied with\none or more of the applicable criteria contained in Appendix D of Part 192.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n§ 192.463(a), pertaining to inadequate levels of CP in the vicinity of MP 14.1 on the B-Line.\nUnder 49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who owns\nor operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R.\n§ 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations. Respondent must:\n1. Conduct an investigative excavation to inspect the condition of the pipe at MP 14.1.\n2. Repair any pipeline damage discovered in the vicinity of MP 14.1.\n1 Appendix D requires CP levels to have either (1) a negative voltage of at least 0.85 volt with CP being interrupted,\nan “off” reading or (2) a minimum negative polarization voltage shift of 100 millivolts. 49 C.F.R. Part 192 app.\nD(A)(1) and (3). A typographical error in the Notice referred to Appendix A rather than Appendix D.\n\n\n\n3\n3. Take action to ensure that the level of CP meets one or more of the criteria in 49 C.F.R.\nPart 192, Appendix D, including CP levels measured in the depolarized state.\n4. Complete the work described in paragraphs 1-3, above, within 30 days of receipt of the\nFinal Order.\n5. Maintain documentation of the safety improvement costs associated with fulfilling this\nCompliance Order and submit the total to Chris Hoidal, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. Respondent must report costs in two\ncategories: (1) total cost associated with preparation/revision of plans, procedures, studies,\nand analyses, and (2) total cost associated with replacements, additions, and other changes to\npipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 192 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. § 192.605(a) (Notice Item 2) ─ Respondent’s alleged failure to review\nand update its written manual of operations, maintenance and emergency\nprocedures at least once each calendar year at intervals not to exceed 15 months;\nand\n49 C.F.R. § 192.705(a) (Notice Item 3) ─ Respondent’s alleged failure to\nmaintain its pipeline right-of-way adequately cleared of vegetation such that its\npatrol activities could effectively observe leaks, construction activity, and other\nfactors affecting safety and operation of the pipeline.\nI find, pursuant to 49 C.F.R. § 190.205, that probable violations of 49 C.F.R. § 192.605(a) and\n49 C.F.R. § 192.705(a) have occurred and Respondent is advised to correct such conditions.\nIf OPS finds a violation for any of these items in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\n\n\n\n4\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to the Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590. The petition must be received within 20 days of Respondent’s receipt of this Final Order\nand must contain a brief statement of the issue(s). The terms of the order, including any required\ncorrective action, shall remain in full force and effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon receipt.\n____________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":18240}