{"operation":"document","citation":"CPF 52021025NOA","title":"K O TRANSMISSION COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-11","effective_on":null,"summary":"CLOSED notice of amendment citing 192.631(a)(1), 192.631(e)(2), 192.631(e)(4), 192.631(h)(1), 192.631(h)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021025noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021025noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021025noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021025NOA","body":"Notice of Amendment involving K O TRANSMISSION COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.631(a)(1),  192.631(e)(2),  192.631(e)(4),  192.631(h)(1),  192.631(h)(6). The case was opened on 2021-06-11 and is reported as closed as of 2021-08-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021025NOA_Closure Letter_08202021_(20-177378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021025NOA/52021025NOA_Closure%20Letter_08202021_(20-177378).pdf\n\n52021025NOA_Closure Letter_08202021_(20-177378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021025NOA/52021025NOA_Closure%20Letter_08202021_(20-177378)_text.pdf\n\n52021025NOA_Notice of Amendment_06112021_(20-177378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021025NOA/52021025NOA_Notice%20of%20Amendment_06112021_(20-177378).pdf\n\n52021025NOA_Notice of Amendment_06112021_(20-177378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021025NOA/52021025NOA_Notice%20of%20Amendment_06112021_(20-177378)_text.pdf\n\n52021025NOA_Operator Response to Notice _07072021_(20-177378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021025NOA/52021025NOA_Operator%20Response%20to%20Notice%20_07072021_(20-177378).pdf\n\n52021025NOA_Closure Letter_08202021_(20-177378)_text.pdf\n\nVIA E-MAIL TO MR. BRIAN WEISKER\nAugust 20, 2021\nMr. Brian Weisker\nSenior Vice President & COO Natural Gas\nDuke Energy KO Transmission Company\n4720 Piedmont Row\nCharlotte, NC 28210\nCPF 5-2021-025-NOA\nClosure Letter\nDear Mr. Weisker:\nDuring the week of October 19 through 23, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed\na virtual inspection of Duke Energy's (Duke) KO Transmission Control Room located in Charlotte, North\nCarolina. This inspection included review of the company’s procedures and records, and virtual\nobservations of control room operations associated with the Control Room Management Program.\nAs a result of the inspection, Duke was issued a Notice of Amendment on June 11, 2021, which proposed\namendment of your procedures.\nDuke submitted its amended procedures on July 7, 2021, via email. My staff has reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#20-177378)\n\n52021025NOA_Notice of Amendment_06112021_(20-177378)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. BRIAN WEISKER\nJune 11, 2021\nMr. Brian Weisker\nSenior Vice President & COO Natural Gas\nDuke Energy\n4720 Piedmont Row\nCharlotte, NC 28210\nCPF 5-2021-025-NOA\nDear Mr. Weisker:\nDuring the week of October 19 through 23, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed\na virtual inspection of Duke Energy's (Duke) KO Transmission Control Room located in Charlotte, North\nCarolina. This inspection included review of the company’s procedures and records, and virtual\nobservations of control room operations associated with the Control Room Management Program.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Duke’s\nplans or procedures, as described below:\n1. § 192.631 - Control room management.\n(a) General. (1) This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline facility\nthrough a SCADA system. Each operator must have and follow written control room\nmanagement procedures that implement the requirements of this section…\nDuke’s control room management procedures are inadequate to assure safe operation of a pipeline\nfacility. Specifically, Duke failed to have and follow written control room management procedures that\nestablished a maximum limit on controller hours of service (HOS), which may provide for an emergency\n\n\n\ndeviation from the maximum limit if necessary for the safe operation of the pipeline facility pursuant to §\n192.631(d)(4).\nDuke’s Control Room Management (CRM) Plan for Natural Gas Pipelines, Rev. Sept. 3, 2020, Fatigue\nManagement CRM 1080, Section 1080.4 - Normal Operations fails to sufficiently address the supervisor\nposition that works a Monday through Friday, 6am – 6pm shift. For example, it fails to note certain\nfatigue mitigation tactics, including if the supervisor is afforded a two-day break after successive shifts.1\nIt also fails to address the schedules of the Gas Control Manager and Director positions.2\nThis procedure also fails to adequately address documentation.3 First, it does not explicitly state that all\nHOS, scheduled and unscheduled, will be tracked and/or tabulated. Second, it fails to explicitly require\nthat countermeasures be documented during the 3am-6am and 3pm-6pm time periods in Duke’s eLogger.\nDuke must amend its procedure to address the deficiencies noted above.\n2. § 192.631 - Control room management.\n(a) …\n(e) Alarm management. Each operator using a SCADA system must have a written alarm\nmanagement plan to provide for effective controller response to alarms. An operator’s\nplan must include provisions to:\n(1) …\n(2) Identify at least once each calendar month points affecting safety that have been taken\noff scan in the SCADA host, have had alarms inhibited, generated false alarms, or that have\nhad forced or manual values for periods of time exceeding that required for associated\nmaintenance or operating activities;\nDuke’s control room management procedures are inadequate to assure safe operation of a pipeline\nfacility. Specifically, Duke’s CRM Plan for Natural Gas Pipelines, Rev. Sept. 3, 2020, Alarm\nManagement Plan CRM 1090, Section 1090.2 – Safety Related Alarms and Review Process, Subsection\n1090.2.3 fails to sufficiently describe the process for conducting monthly reviews that identify points\naffecting safety that have been taken off scan, inhibited alarms, generated false alarms, or that have had\nforced or manual values for periods of time exceeding that required for associated maintenance or\noperating activities. The procedure has identified Key Performance Indicators (KPIs) in Tables 14, 15,\nand 16, that follow API 1167, but the procedure fails to clearly state how the KPIs are incorporated into\nthe review.\nDuke must amend its procedure to address the deficiency noted above.\n3. § 192.631 - Control room management.\n(a) …\n1 See, e.g., Control Room Management Frequently Asked Questions (FAQ) Subsection D (Jan. 16, 2018).\n2 These additional positions are held by qualified controllers who could work any console under emergency\nsituations; therefore, hours of service (HOS) for these positions needs to be included in Duke’s procedures.\n3 See 49 C.F.R. § 192.631(j)(1) (requiring operators to maintain for review during an inspection records that\ndemonstrate compliance with the requirements of this section).\n2\n\n\n\n(e) Alarm management. Each operator using a SCADA system must have a written alarm\nmanagement plan to provide for effective controller response to alarms. An operator’s\nplan must include provisions to:\n(1) …\n(4) Review the alarm management plan required by this paragraph at least once each\ncalendar year, but at intervals not exceeding 15 months, to determine the effectiveness of\nthe plan;\nDuke’s control room management procedures are inadequate to assure safe operation of a pipeline\nfacility. Specifically, Duke’s alarm management plan fails to include provisions to review the plan at\nleast once each calendar year, but at intervals not exceeding 15 months, to determine the effectiveness of\nthe plan. Further, Section 1090.2 – Safety Related Alarms and Review Process, Subsection 1090.2.4 fails\nto clearly identify the process for performing this annual review. For example, Table 3 – Responsibility Z\nfails to identify who is accountable for the review and who approves the outcome of the review before it\nis deemed effective. It also does not provide any information on how to measure effectiveness.\nAdditionally, Table 3 indicates a variety of people who participate in the annual review of the program\nbut fails to state exactly who is responsible for what items during the review process. The procedure also\nfails to identify who has final approval authority or how the review will be documented.4\nDuke must amend the procedure to address the deficiencies noted above.\n4. § 192.631 - 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 the\noperator. In addition, the training program must include the following elements:\n(1) Responding to abnormal operating conditions likely to occur simultaneously or in\nsequence;\nDuke’s control room management procedures are inadequate to assure safe operation of a pipeline\nfacility. Specifically, Duke failed to establish a controller training program that included responding to\nabnormal operating conditions (AOCs) likely to occur simultaneously or in sequence. Duke’s CRM Plan\nfor Natural Gas Pipelines, Rev. Sept. 3, 2020, Training CRM 1110, Section 1110, Subsection 1110.2.6\nmentions “AOC Conditions Occurring Individually and in Sequence (Scenario Training)” but fails to\nidentify any AOCs that are likely to occur simultaneously or in sequence. It also incorrectly states that\ncontrollers must respond to AOCs occurring “individually or in sequence,” rather than “simultaneously or\nin sequence” pursuant to the requirement in § 192.631(h)(1) (emphasis added).\nDuke must amend its procedure to address the deficiencies noted above.\n5. § 192.631 - 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\n4 Id.\n3\n\n\n\nprovide for training each controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following 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 operationally\ncollaborate with controllers (control room personnel) during normal, abnormal or\nemergency situations. Operators must comply with the team training requirements under\nthis paragraph by no later than January 23, 2018.\nDuke’s control room management procedures are inadequate to assure safe operation of a pipeline\nfacility. Specifically, Duke failed to establish a controller training program that included control room\nteam training and exercises that include both controllers and other individuals, defined by the operator,\nwho would reasonably be expected to operationally collaborate with controllers (control room personnel)\nduring normal, abnormal or emergency situations.\nDuke’s CRM Plan for Natural Gas Pipelines, Rev. Sept. 3, 2020, Training CRM 1110, Section 1110.3\nTeam Training procedure lists topics that will be covered in team training, but fails to specifically address\nhow team training will be conducted. For example, the procedure fails to include information regarding\ntabletop exercises, lessons learned, historical events, or oil-gas industry events. Team training may\ninclude multiple methods and tools to supplement exercises - i.e. computer-based training (CBT),\nclassroom, on the job training (OJT), etc.; however, the focus must be on personnel interaction and team\nwork.5\nFurthermore, Subsection 1110.3.1 only states that team training will include both controllers and other\nindividuals who would reasonably be expected to operationally collaborate with controllers during\nnormal, abnormal or emergency situations. The procedure fails to identify which identified individuals or\npositions (job titles) are required to participate in team training.\nDuke must amend its Team Training procedure to correct the deficiencies noted above.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or\na request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a 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 you and\nto issue an Order Directing Amendment. If 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 inadequacies (49 C.F.R.\n5 See Control Room Management FAQ H.07 (Jan. 16, 2018).\n4\n\n\n\n§ 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to\nmy office within 60 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested (not mandated) that Duke Energy maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and\nsubmit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 5-2021-025-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#20-177378)\n5","truncated":false,"body_characters":15278}