{"operation":"document","citation":"CPF 52021005WL","title":"ANR PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-02-11","effective_on":null,"summary":"CLOSED warning letter citing 192.631(d)(2), 192.631(d)(3), 192.631(e)(5), 192.631(h), 192.631(h)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021005wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021005wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021005wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021005WL","body":"Warning Letter involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 192.631(d)(2),  192.631(d)(3),  192.631(e)(5),  192.631(h),  192.631(h)(6). The case was opened on 2021-02-11 and is reported as closed as of 2021-02-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021005WL_Warning Letter_02112021_(20-173096).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021005WL/52021005WL_Warning%20Letter_02112021_(20-173096).pdf\n\n52021005WL_Warning Letter_02112021_(20-173096)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021005WL/52021005WL_Warning%20Letter_02112021_(20-173096)_text.pdf\n\n52021005WL_Warning Letter_02112021_(20-173096)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MS. MILLIE MORAN\nFebruary 11, 2021\nMs. Millie Moran\nVice President – Commercial Operations\nTC Energy – Columbia Gas\n1700 MacCorkle Avenue, SE\nCharleston, WV 25314\nCPF 5-2021-005-WL\nDear Ms. Moran:\nDuring the week of June 1 through 5, 2020, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), performed a virtual inspection of the TC Energy - Columbia Gas West (TCECGW)\nControl Room located in Houston, Texas. This inspection included procedures, records, and a\nvirtual observation associated with the Control Room Management Program.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.631 Control room management.\n(d) Fatigue mitigation. Each operator must implement the following methods to\nreduce the risk associated with controller fatigue that could inhibit a controller's\nability to carry out the roles and responsibilities the operator has defined:\n(1) …\n(2) Educate controllers and supervisors in fatigue mitigation strategies and how off-\nduty activities contribute to fatigue;\n\n\n\nTC Energy Columbia Gas West (TCECGW) failed to keep records showing all controllers and\nsupervisors were educated in fatigue mitigation strategies, including how off-duty activities\ncontribute to fatigue. A review of controller and supervisor training records from 2015 to 2019\nrevealed that records for several individuals could not be provided to demonstrate periodic\ntraining to educate and provide fatigue mitigation strategies regarding how off-duty activities\ncontribute to fatigue for the inspectors. Due to the operator’s record keeping format, PHMSA\nreviewed control room training records back to 2015. However, no records for the specific\nemployees were provided to PHMSA.\n2. § 192.631 Control room management.\n(d) Fatigue mitigation. Each operator must implement the following methods to\nreduce the risk associated with controller fatigue that could inhibit a controller's\nability to carry out the roles and responsibilities the operator has defined:\n(1) …\n(3) Train controllers and supervisors to recognize the effects of fatigue;\nTCECGW’s control room training program and training content for controllers and supervisors\ndid not include content regarding recognizing the effects of fatigue. A review of controller and\nsupervisor training records from 2015 to 2019 showed that records for the several individuals\ncould not be provided to demonstrate periodic training for controllers and supervisors to\nrecognize the effects of fatigue. Due to the operator’s record keeping format, PHMSA reviewed\ncontrol room training records back to 2015. However, no records for the specific employees were\nprovided to PHMSA.\n3. § 192.631 Control room management.\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\nrequired of each controller at least once each calendar year, but at intervals not to\nexceed 15 months, that will assure controllers have sufficient time to analyze and\nreact to incoming alarms;\nTCECGW’s alarm management plan did not provide for effective controller response to alarms\nand did not 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 to exceed 15 months.\nRegarding the 2018 and 2019 Controller Activities Assessment Reports, the assessments did not\nconclude whether any recommendations were necessary. A complete analysis of any program\nshould state whether or not changes or recommendations are required to provide for effective\ncontroller response to alarms.\nNeither the 2018 nor the 2019 Controller Activities Assessment Reports had a publish date on\nthe document. TCECGW reported that the Controller Activities Assessment Reports shown\nduring the inspection were the documents to demonstrate compliance with this section of\n2\n\n\n\ncode. Inspectors reminded the operator that a complete date (month/day/year) needs to be on any\ndocuments or reports to demonstrate compliance with the once per calendar year, not to exceed\n15 months, requirement.\n4. § 192.631 Control room management.\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\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator.\nTCECGW did not review the controller training program content to identify potential\nimprovements at least once each calendar year, at intervals not to exceed 15 months. Records\nindicate that the review of the controller training program exceeded 15 months between April 26,\n2018 and October 1, 2019.\n5. § 192.631 Control room management.\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\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements:\n(1) …\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\noperationally collaborate with controllers (control room personnel) during normal,\nabnormal or emergency situations. Operators must comply with the team training\nrequirements under this paragraph by no later than January 23, 2018.\nTCECGW did not establish a controller training program that included control room team\ntraining and exercises by January 23, 2018. The operator’s Controller Training Program,\nRevision 09, indicates that the team training requirement was not added to the Training Program\nuntil February 22, 2018, 30 days beyond the requirement of January 23, 2018. The operator also\ndeveloped a Control Room Team Training Procedure, Rev. 00, which had an effective date of\nFebruary 22, 2018. These procedures were not in effect by required date of January 23, 2018.\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\nrelated series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring\n3\n\n\n\nprior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per\nday, with a maximum penalty not to exceed $2,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nTC Energy – Columbia Gas being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2021-005-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#20-173096)\nLee Romack, TC Energy\nErik Hughes, TC Energy\n4","truncated":false,"body_characters":9443}