{"operation":"document","citation":"CPF 520195010W","title":"ENI US OPERATING CO, INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-12","effective_on":null,"summary":"CLOSED warning letter citing 195.446(c)(3), 195.446(e)(5), 195.446(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520195010W","body":"Warning Letter involving ENI US OPERATING CO, INC. PHMSA's enforcement data identifies the cited regulations as 195.446(c)(3),  195.446(e)(5),  195.446(h). The case was opened on 2019-11-12 and is reported as closed as of 2019-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520195010W_Warning Letter_11122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195010W/520195010W_Warning%20Letter_11122019.pdf\n\n520195010W_Warning Letter_11122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195010W/520195010W_Warning%20Letter_11122019_text.pdf\n\n520195010W_Warning Letter_11122019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 12, 2019\nMr. Luca Pellicciotta\nVice President, Technical Services\nEni US Operating Co., Inc.\n1200 Smith Street, Suite 1700\nHouston TX 77002\nCPF 5-2019-5010W\nDear Mr. Pellicciotta:\nFrom March 4 through 8, 2019, and on March 19, 2019, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States\nCode (U.S.C.), inspected Eni US Operating Co., Inc.’s (Eni) Nikaitchuq Oil Transit Line and Offshore\nDiesel Fuel Supply Line on the North Slope of Alaska.\nAs a result of the inspection, it is alleged that Eni has committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected and the\nprobable violations are:\n1. § 195.446 Control room management.\n(a) .…\n(c) Provide adequate information. Each operator must provide its controllers with the\ninformation, tools, processes and procedures necessary for the controllers to carry out\nthe roles and responsibilities the operator has defined by performing each of the\nfollowing:\n(3) Test and verify an internal communication plan to provide adequate means for\nmanual operation of the pipeline safely, at least once each calendar year, but at intervals\nnot to exceed 15 months;\n\n\n\nEni did not test or verify the documented internal communication plan for manual operation of the\npipeline. Eni was unable to provide testing or verification records.\n2. § 195.446 Control room management.\n(a) ….\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator's plan must include provisions to:\n(5) Monitor the content and volume of general activity being directed to and required of\neach controller at least once each calendar year, but at intervals not exceeding 15\nmonths, that will assure controllers have sufficient time to analyze and react to incoming\nalarms;\nEni did not perform an analysis to determine if controllers performance is currently adequate. Eni was\nunable to provide records demonstrating annual compliance of an analysis to determine if controllers’\nperformance was adequate.\n3. § 195.446 Control room management.\n(a) ….\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator's program must\nprovide for training each controller to carry out the roles and responsibilities defined by\nthe operator. In addition, the training program must include the following elements:\n(1) Responding to abnormal operating conditions likely to occur simultaneously or in\nsequence;\n(2) Use of a computerized simulator or non-computerized (tabletop) method for training\ncontrollers 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 system,\nespecially during the development of abnormal operating conditions;\n(5) For pipeline operating setups that are periodically, but infrequently used, providing\nan opportunity for controllers to review relevant procedures in advance of their\napplication; and\n(6) Control room team training and exercises that include both controllers and other\nindividuals, defined by the operator, who would reasonably be expected to operationally\ncollaborate with controllers (control room personnel) during normal, abnormal or\nemergency situations. Operators must comply with the team training requirements\nunder this paragraph no later than January 23, 2018.\nEni failed to review the controller training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. Eni was unable to provide records\nthat demonstrated that the review occurred annually.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\n2\n\n\n\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31, 2019,\nthe maximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November 27,\n2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty\nnot to exceed $2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for\na related series of violations. 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 correct the items identified in this letter.\nFailure to do so will result in Eni US Operating Co., Inc. being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n5-2019-5010W. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for 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 confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Owens (# 164788)\nCraig Keppers (via electronic mail)\nRich Vicente (via electronic mail)\nMarty Slade (via electronic mail)\n3","truncated":false,"body_characters":6849}