{"operation":"document","citation":"CPF 52022027NOA","title":"ENI US OPERATING CO, INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-09-07","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022027noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022027noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022027noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022027NOA","body":"Notice of Amendment involving ENI US OPERATING CO, INC. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2022-09-07 and is reported as closed as of 2023-01-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022027NOA_Closure Letter_01192023_(21-201439).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022027NOA/52022027NOA_Closure%20Letter_01192023_(21-201439).pdf\n\n52022027NOA_Closure Letter_01192023_(21-201439)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022027NOA/52022027NOA_Closure%20Letter_01192023_(21-201439)_text.pdf\n\n52022027NOA_Notice of Amendment_09072022_(21-201439).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022027NOA/52022027NOA_Notice%20of%20Amendment_09072022_(21-201439).pdf\n\n52022027NOA_Notice of Amendment_09072022_(21-201439)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022027NOA/52022027NOA_Notice%20of%20Amendment_09072022_(21-201439)_text.pdf\n\n52022027NOA_Operator Response to Notice_09202022_(21-201439).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022027NOA/52022027NOA_Operator%20Response%20to%20Notice_09202022_(21-201439).pdf\n\n52022027NOA_Closure Letter_01192023_(21-201439)_text.pdf\n\nVIA E-MAIL TO MR. DAVID HART\nJanuary 19, 2023\nMr. David Hart\nOperation Manager\nEni US Operating Co., Inc.\n3800 Centerpoint Drive, Suite 300\nAnchorage, AK 99503\nCPF 5-2022-027-NOA\nClosure Letter\nDear Mr. Hart:\nFrom August 2 through 6, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Eni US\nOperating Co., Inc.’s (Eni) procedures for control room management in Anchorage and North\nSlope Borough, Alaska. As a result of the inspection, Eni was issued a Notice of Amendment on\nSeptember 7, 2022, which proposed amendment of your procedures.\nEni submitted its amended procedures on September 20, 2022. My staff 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\nfor your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#21-201439)\n\n52022027NOA_Notice of Amendment_09072022_(21-201439)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. DAVID HART\nSeptember 7, 2022\nMr. David Hart\nOperation Manager\nEni US Operating Co., Inc\n3800 Centerpoint Drive, Suite 300\nAnchorage, AK 99503\nCPF 5-2022-027-NOA\nDear Mr. Hart:\nFrom August 2 through 6, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Eni US\nOperating Co., Inc’s (Eni) procedures for control room management in Anchorage and North\nSlope Borough, Alaska.\nOn the basis of the inspection, PHMSA has identified the following apparent inadequacies found\nwithin Eni’s plans or procedures, as described below:\n1. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\n\n\n\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph…\nENI’s control room management (CRM) procedures were inadequate to assure safe operation of\na pipeline facility. Specifically, ENI’s written CRM procedures did not implement the\nrequirements of § 195.446(c)(2) because it did not contain a process for defining and identifying\nsafety related points. SCADA Points affecting the safe operation of the pipeline safety must be\ndefined to allow the operator to maintain operations within the defined MOP.\nIn practice, ENI uses multiple methods, including Level of Protection analysis and Process\nHazard Analysis, for determining which points are safety related. Eni must amend the CRM\nprocedures to include the process by which it defines and identifies safety related points.\n2. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of §\n195.446(b)(1). ENI CRM, Section 3.5 Impromptu Change in Responsibility, did not define the\nterms \"short break\" and \"extended period of time.\" Eni must amend its CRM procedures to\nquantitatively define the terms \"short break\" and \"extended period of time.\"\n3. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\n\n\n\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of §\n195.446(b)(5). ENI CRM, Section 3.8, did not clearly define the roles, responsibilities and\nqualifications of others who have the authority to direct or supersede the specific technical\nactions of controllers. ENI CRM Section 3.8 was ambiguous with respect to who has authority\nto supersede the actions of the controller. Eni must amend its CRM procedures to clarify the\nroles, responsibilities and qualifications of others who have the authority to direct or supersede\nthe specific technical actions of controllers.\n4. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s procedures were inadequate to assure safe operation of a pipeline facility. Specifically,\nENI’s written CRM procedures did not implement the requirements of § 195.446(c)(2). ENI\nCRM, Section 4.4 Point-to-Point Verification, did not reference CRM, Section 6 Alarm\nManagement Plan. ENI’s CRM, Section 6.1.3 Safety-related Alarm Table 4 - Safety-related\nPoints and Alarms, contained the list of points and alarms that require point-to-point verification.\n\n\n\nCRM, Section 6.12 Implementation, however, did reference Section 4.4. Eni must amend its\nprocedures to include the appropriate section references within its CRM Plan.\n5. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of Section §\n195.446(e)(1). ENI CRM, Section 6.1.4 Handling Stale Data (Bad PV), failed to instruct the\npipeline controller how to identify stale data. ENI CRM, Section 6.1.4 Handling Stale Data (Bad\nPV), instructed the pipeline controller to take notice of points providing stale data but did not\nprovide guidance on how to identify stale data. Eni must amend its procedures to provide clear\nguidance on how to recognize stale data within the SCADA system.\n6. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\n\n\n\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of §\n195.446(e)(3). ENI CRM, and associated Defeated Safety Device Log Procedure, failed to\nestablish when a safety device (or alarm) may be defeated (inhibited). The ENI CRM referenced\nin several places the \"Defeated Safety Device Log.\" The Defeated Safety Device Log Procedure\nis a separate procedure from the CRM. The ENI CRM did not indicate where to obtain the\nDefeated Safety Device Log Procedure. Eni must amend its procedures to provide a process\nestablishing when a safety device (or alarm) may be defeated (inhibited).\n7. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of §\n195.446(h). ENI CRM, Section 9 Pipeline Controller Training, did not provide clear\nrequirements for the training of controllers. In practice, ENI maintained an integrated training\nprogram with the production plant. To be considered for an opening as a pipeline controller, a\ncandidate must first be fully qualified as a plant operator.\nAdditionally, the abnormal operating condition training required the controller to pass a test\nshowing competency, but ENI did not specify a pass/fail criterion for the test. Eni must amend\nits procedures to provide clear requirements for the training of controllers.\n8. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\n\n\n\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of §\n195.446(h)(6). Eni CRM Manual did not have procedures for providing team training to\ncontrollers and other individuals who would reasonably be expected to operationally collaborate\nwith controllers during normal, abnormal or emergency situations. Eni must amend its\nprocedures to comply with § 195.446(h)(6).\n9. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section. The procedures required by this section must be integrated, as\nappropriate, with the operator’s written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and must\nimplement the procedures according to the following schedule. The procedures\nrequired by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later\nthan August 1, 2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than the deadline\nfor that paragraph.\nENI’s CRM procedures were inadequate to assure safe operation of a pipeline facility.\nSpecifically, ENI’s written CRM procedures did not implement the requirements of § 195.446(i).\nENI CRM, Section 10, provided that it must submit its procedures to PHMSA upon request, but\ndid not address responses to State agencies. Eni must amend its procedures to provide that it\nmust submit its procedures to appropriate State agencies.\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\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\n\n\n\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt 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 an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Eni maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF\n5-2022-027-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#21-201439)","truncated":false,"body_characters":21651}