{"operation":"document","citation":"CPF 520166002M","title":"CHEYENNE RAIL HUB — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-03-17","effective_on":null,"summary":"CLOSED notice of amendment citing 195.110(a), 195.446(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520166002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520166002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520166002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520166002M","body":"Notice of Amendment involving CHEYENNE RAIL HUB. PHMSA's enforcement data identifies the cited regulations as 195.110(a),  195.446(h). The case was opened on 2016-03-17 and is reported as closed as of 2016-05-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520166002M_Closure Letter_05052016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520166002M/520166002M_Closure%20Letter_05052016.pdf\n\n520166002M_Closure Letter_05052016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520166002M/520166002M_Closure%20Letter_05052016_text.pdf\n\n520166002M_Notice of Amendment_03172016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520166002M/520166002M_Notice%20of%20Amendment_03172016.pdf\n\n520166002M_Notice of Amendment_03172016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520166002M/520166002M_Notice%20of%20Amendment_03172016_text.pdf\n\n520166002M_Operator Response to Notice_04012016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520166002M/520166002M_Operator%20Response%20to%20Notice_04012016.pdf\n\n520166002M_Notice of Amendment_03172016_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 17, 2016\nMr. Daniel Withers\nPresident\nCogent Energy Solutions LLC\n3100 Timmons Lane, Suite 210\nHouston, TX 77027\nCPF 5-2016-6002M\nDear Mr. Withers:\nOn February 9-11, 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nCogent Energy Solutions LLC’s Cheyenne Rail Hub operation and maintenance procedures\nand implementing records at your facilities in Cheyenne, WY.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nCheyenne Rail Hub’s plans or procedures, as described below:\n1. §195.446 Control Room Management\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training program must\ninclude the following elements:\n(1) Responding to abnormal operating conditions likely to occur simultaneously\nor in sequence;\n\n\n\n(2) Use of a computerized simulator or non-computerized (tabletop) method for\ntraining controllers to recognize abnormal operating conditions;\n(3) Training controllers on their responsibilities for communication under the\noperator's emergency response procedures;\n(4) Training that will provide a controller a working knowledge of the pipeline\nsystem, especially during the development of abnormal operating conditions; and\n(5) For pipeline operating setups that are periodically, but infrequently used,\nproviding an opportunity for controllers to review relevant procedures in\nadvance of their application.\nCheyenne Rail Hub’s Control Room Management program did not address the requirement of\n195.446(h) to review the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. Cheyenne Rail Hub needs\nto add the requirement to “identify potential improvements at least once each calendar year,\nbut at intervals not to exceed 15 months” to their control room management program. The\nrequired review must at minimum address items 195.446(h)(1) through (5).\n2. §195.110 External loads\n(a) Anticipated external loads (e.g.), earthquakes, vibration, thermal expansion,\nand contraction must be provided for in designing a pipeline system. In\nproviding for expansion and flexibility, §419 of ASME/ANSI B31.4 must be\nfollowed.\nCheyenne Rail Hub’s operation and maintenance manual (O&M) does not reference\nASME/ANSI B31.4 with respect to §195.110. Cheyenne Rail Hub’s O&M manual needs to\nreference AMSE/ANSI B31.4 with respect to anticipated external loads. The anticipated\nloads that are expected for your Cogent facility should be identified.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance 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\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\n2\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within [number of days] days of receipt of\nthis 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\nenforcement action will be closed.\nIt is requested (not mandated) that Cheyenne Rail Hub maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Chris Hoidal, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2016-6002M and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 Ogirima (#152004)\n3\n\n520166002M_Closure Letter_05052016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 5, 2016\nMr. Daniel Withers\nPresident\nCogent Energy Solutions LLC\n3100 Timmons Lane, Suite 210\nHouston, TX 77027\nCPF 5-2016-6002M\nClosure of Case\nDear Mr. Withers:\nOn February 9-11, 2016, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Cogent Energy Solution LLC’s Cheyenne Rail Hub procedures and\nrecords at your facilities in Cheyenne, Wyoming. As a result of the inspection, Cogent Energy\nSolutions LLC was issued a Notice of Amendment on March 17, 2016 which proposed amendment of\nyour procedures.\nCogent Energy Solutions LLC submitted its amended procedures on April 1, 2016. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 Ogirima (#152004)","truncated":false,"body_characters":7797}