Revised Announcement for Gas Transmission and Regulated Gas Gathering Annual Report Changes: 

For the 2024 report to be filed in 2025, any modifications to the gas transmission and regulated gas gathering annual report, approved by the Office of Management and Budget (OMB), will come into effect. Currently, OMB approval has been granted for certain changes, while others are pending and expected to be requested during the next information collection renewal. 

Approved Changes in Part F: 

• Part F, Section 2 & 5.d: Report only conditions meeting the definitions in §192.714(d) that were repaired. 
• Part F, Section 4.d: Report only conditions meeting the definitions in §192.714(d) or Appendix F that were repaired. 

Approved Changes in Part M: 

Part M4 and M5: Require reporting of gas transmission and regulated gas gathering excavation damages that were repaired in the Calendar Year, categorized by root cause. Also, report the number of excavation tickets received during the year. 

Pending Changes in Part Q:  

Pipelines subject to §192.624(a) must have their Maximum Allowable Operating Pressure (MAOP) reconfirmed using a method from §192.624(c). Specific instructions for these methods are included in the “§192.624(c) Completion Table.” Pipeline mileage reconfirmed under §192.624(c) methods will no longer be reported in the §192.319 section of Part Q but in the appropriate class location in the §192.624(c) section of Part Q. Accompanying this change is specific language outlining how mileage should be reported in each section of Part Q. Note that OMB approval for these changes is pending and expected during the next information collection renewal. 

For more information about the changes to this annual report form or for assistance filing your annual report, contact Jessica Foley. 

In 2023, RCP had the opportunity to collaborate with an Operator on a vital knowledge transfer project, aiming to preserve valuable insights from the client’s retiring staff. Below is a summary of the effort in the form of a case study:  

This case study illuminates how ‘Operator,’ a prominent utility company, effectively confronted the challenge of retaining and leveraging knowledge from departing employees. Faced with the imminent loss of crucial expertise, ‘Operator’ initiated a robust knowledge transfer program. The comprehensive approach encompassed identifying key knowledge domains, fostering collaborative mentorship and documentation processes, revising standard operating procedures, and incorporating regular feedback and evaluation. The outcomes were transformative, resulting in a seamless transition, heightened productivity, enhanced collaboration, significant cost savings, and a newfound competitive advantage. The success of this initiative underscores the critical importance of strategic investment in knowledge preservation for sustained success amidst the dynamism of today’s business environment. The unwavering commitment to knowledge transfer not only ensured a smooth transition during a pivotal retirement but also elevated the company’s overall efficiency and competitiveness. 

To read the full case study and for details of how RCP can help facilitate a knowledge transfer effort for you, please contact Jessica Foley.  

On January 5, 2024, Significant Revisions to Mississippi’s Title 77 – Public Utilities and Carriers Chapter 13: Regulation of Excavations Near Underground Utility Facilities of the Mississippi Statutes was revised. The biggest impact of these revisions changes the minimum time for providing notice of intent to excavate to Mississippi 811 from 2 days to 3 working days. Additionally, if the excavation is not concluded within 14 days of the initial notice, the renewal period has been adjusted to a minimum of 3 days and a maximum of 4 days before the markings expire, compared to the previous range of at least 2 and not more than 3 days. All deadlines requiring at least 2 days’ notice have been extended to 3 working days. 

The regulations also introduce a reduction in the response time for operators notified through PRIS, requiring them to respond within 2 hours, down from the previous 4-hour window. Additionally, the revisions define ‘impeding emergencies’ and establish specific time constraints for excavations following these notifications. 

For more information regarding this One Call Regulation change, please contact Jessica Foley. 

The Enforcement Corner summarizes recent PHMSA enforcement actions, indicating where PHMSA is putting its enforcement efforts and the fines they are proposing for various types of violations.

In November 2023, PHMSA issued 5 NOAs, 5 NOPVs, and 6 WLs accompanied by $63,900 in proposed fines. Significant proposed fines were attributed to the following code sections: 

• $30,100 49 CFR 192.465(b) External Corrosion Control 
• $33,800 49 CFR 192.741(a) Pressure Limiting/Regulating Stations 

Please note: 

1. Pipeline operators may disagree in whole or in part with each proposed violation cited by PHMSA.  

2. Proposed Civil Penalties (PCP) may be reduced or eliminated before an enforcement action becomes final. 

3. A Corrective Action Order (CAO) usually addresses urgent situations arising out of an accident, spill, or other significant, immediate, or imminent safety or environmental concerns. 

4. A Notice of Amendment (NOA) is frequently a result of a difference of opinion regarding written procedure requirements. 

5. A Notice of Proposed Safety Order (NOPSO) addresses pipeline integrity risks that may not constitute a hazardous facility requiring immediate corrective action (see Corrective Action Order described above), but do need to be addressed over time. 

6. A Notice of Probable Violation (NOPV) is not proof that a violation actually occurred. 

7. Proposed Compliance Orders (PCO) frequently document actions the pipeline operator already planned to do. 

8. Warning Letter (WL) is an official notice by PHMSA that an operator needs to make improvements but that no further enforcement is proposed for those findings at this time. 

RCP maintains a detailed database of all PHMSA enforcement actions dating back to 2007 and is routinely asked for data analysis of various enforcement actions. For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley. 

Need to respond to a PHMSA enforcement action?
Need to know if your enforcement action is an outlier, or par for the course? 
RCP maintains a detailed database of all PHMSA enforcement actions and their resolution which enables us to compare and contrast individual enforcement actions to nationwide actions and trends.  We can help put things into context to ensure an effective reply for each citation.  For more information on how RCP can assist with enforcement action data analysis services, contact Jessica Foley.