# ATLANTA GAS LIGHT CO — Notice of Probable Violation

**Citation:** CPF 220030001  
**Type / status:** enforcement / historical  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2003-01-08

CLOSED notice of probable violation citing 191.5.

## Document text

Notice of Probable Violation involving ATLANTA GAS LIGHT CO. PHMSA's enforcement data identifies the cited regulation as 191.5. The case was opened on 2003-01-08 and is reported as closed as of 2003-08-08. Proposed civil penalty: $10,000. Assessed civil penalty: $10,000. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220030001.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220030001.pdf

220030001_final order_08082003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220030001_final%20order_08082003.pdf

220030001_final order_08082003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220030001_final%20order_08082003_text.pdf

220031001_final order_05102004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220031001_final%20order_05102004.pdf

220031001_final order_05102004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220031001_final%20order_05102004_text.pdf

220031001_final order_05102004_text.pdf

O
U S. Department
of Transporfafton
Research and
Special Procframs
Administration
400 Seventh Sl S W
Waahtnglon D C 20590
MAY 10 2004
Mr. Lee Edwards
President
BP Pipelines North America, Inc.
801 Warrenville Road
Lisle, IL 60532
Re: CPF No. 2-2003-1001
Dear Mr. Edwards:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes findings of violation and assesses a civil penalty of $15, 000. The
enalt payment terms are set forth in the Final Order. This enforcement action closes automatically
upon payment. Your receipt of the Final Order constitutes service of that document under 9 C.
If' 190. 5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
BP Pipelines
North America, Inc.
Respondent.
CPF No. 2-2003-1001
FINAL ORDER
On October 22 — 23, 2002, pursuant to 49 U. S. C. fJ 60117, a representative of the Office of Pipeline
Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities throughout
Mississippi and records in Moss Point, Mississippi. As a result of the inspection, the Director,
Southern Region, OPS, issued to Respondent, by letter dated January 29, 2003, a Notice of Probable
Violation and Proposed Civil Penalty (Notice), which also contained warning items. In accordance
with 49 C. F. R. 1J 190. 207, the Notice proposed finding that Respondent had violated 49 C. F. R.
tJ 192. 736(c) and proposed assessing a civil penalty of $20, 000 for the alleged violation.
Respondent responded to the Notice by letter dated March 3, 2003 (Response). Respondent did not
contest the allegations of violation but provided information concerning the corrective actions it has
taken and requested that the proposed civil penalty be reduced or eliminated. Respondent did not
request a hearing, and therefore has waived its right to one.
FINDINGS OF VIOLATION
In its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I find
that Respondent violated the following section of 49 C. F. R. Part 192, as more fully described in the
Notice:
49 C. F. R. t'I 192. 736(c) -- failing to test the gas detection systems at the Moss Point and Sand
Hill compressor stations for a period of two years. Respondent's safety manual indicated
that these compressors were scheduled to be tested on a quarterly basis.
This finding of violation will be considered a Ho offense in any subsequent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U. S. C. ft 60122, Respondent is subject to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related series of
violations.
49 U. S. C. tj 60122 and 49 C. F. R. tj 190. 225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree
of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the
penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
The Notice proposed a total civil penalty of $20, 000 for violation of 49 C. F. R. tj 192. 736(c).
I have determined that Respondent has no financial circumstances that would prevent it from paying
on the assessed amounts and that Respondent's ability to continue in business will not be
significantly affected.
OPS inspectors stated that Respondent demonstrated good faith in responding to the violations
alleged in the Notice, and that Respondent quickly initiated action to correct items identified in the
Notice and in this Final Order. OPS staffhave taken Respondent's good faith into account when
proposing civil penalties in the Notice, as well as in post-Response recommendations.
The violated regulation addresses an issue of utmost importance to safeguarding Respondent's
employees and prevent potential property damage due to fire or explosion. Scheduled testing at
reasonable intervals is necessary to ensure that a working gas detection system is in place to prevent
potentially disastrous consequences for Respondent and its employees.
In its Response, Respondent indicated that it tested its gas detection systems installed at the Moss
Point and Sand Hill compressor stations on November 15, 2002. Respondent also visual and audible
alarm systems at both compressor stations to warn persons entering the stations of gas build-up. I
recognize Respondent's good faith in attempting to achieve compliance before receiving the Notice,
and reduce the proposed civil penalty by $5, 000 in light of Respondent's prompt action.
Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent
a total civil penalty of $15, 000.
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C. F. R. tj 89. 21(b)(3)) require this payment be made by wire transfer, through the Federal Reserve
Co-„„mur;ications System (Fedwire), to the account of the U. S. Treasury. Detailed instructions are
contained in the enclosure. Questions concerning wire transfers should be directed to: Financial
Operations Division (AMZ-1 20), Federal Aviation Administration, Mike Monroney Aeronautical
Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719



Failure to pay the $15, 000 civil penalty will result in accrual of interest at the current annual rate in
accordance with 31 U. S, C. tl 3717, 31 C. F. R. tt 901. 9 and 49 C. F. R. 1'1 89. 23. Pursuant to those same
authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not
made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral
of the matter to the Attorney General for appropriate action in a United States District Court.
WARNING ITEMS
The Notice did not propose a civil penalty or corrective action for the following Items 2 and 3 in the
Notice. Respondent presented information in its Response showing that it has addressed the cited
items. Respondent is again warned that if OPS finds a violation for any of these items in a
subsequent inspection, enforcement action will be taken.
Under 49 C. F. R. 1'1 190. 215, Respondent has a right to submit a Petition for Reconsideration of this
Final Order. The petition must be received within 20 days of Respondent's receipt of this Final
Order and must contain a brief statement of the issue(s). The filing of the petition automatically
stays the payment of any civil penalty assessed. However if Respondent submits payment for the
civil penalty, the Final Order becomes the final administrative decision and the right to petition for
reconsideration is waived. The terms and conditions of this Final Order are effective on receipt.
tty ~
e Arhninistrtttor
for Pipeline Safety
PAY 10 ". "04
Date Issued

220030001_final order_08082003_text.pdf

O
e00 Sevenrn Si 5 w
wesnsnsien DC 20590
AIIG -8 2003
Mr. Richard Lonn
Chief Engineer I Director
Regulatory Compliance
Atlanta Gas Light Company
P. O. Box 4569
Atlanta, GA 30302
Re: CPF No. 2-2003-0001
Dear Mr. Lonn:,
Enclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the
above refcrcnccd case. It makes a finding of violation of pipeline safety standards. Your receipt
of the Final Order constitutes service of that document under 49 C. F. R. 49190. 5.
I acknowledge receipt of and accept the wire transfer dated February 5, 2003, in the amount
of $10, 000 as payment in full of the civil penalty. This case is now closed and no further
enforcement action is contemplated with the respect to the inatters involved in this case. Thank you
for your cooperation in our joint effort to ensure pipeline safety.
Sincerely,
Gwcndolyn M. Hill
Pipeline Comphance Registry
Office of Pipeline Safety



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMfNISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In thc Matter of )
Atlanta Gas Light Company )
)
)
)
Respondent )
CPF No. 2-2002-5006
On January 8, 2003, pursuant to Chapter 601 of 49 United States Code, a representative of the
0%ce of Pipeline Safety (OPS) initiated an investigation of Respondent's report of an incident
involving its pipeline system. As a result of thc investigation, the Director, Southern Region, OPS,
issued to Respondent, by letter dated January 8, 2003, a Notice of Probable Violation and Proposed
Civil Penalty (Notice). In accordance with 49 C. F. R. I) I 90. 207, the Notice proposed finding that
Respondent had violated 49 C. F. R. t) 191. 5 and proposed assessing a civil penalty of $ I 0, 000 for
the alleged violation.
Respondent responded by letter dated February 4, 2003, but did not contest the alleged violation
of 49 C. F. R. Part 191 in the Notice, Accordingly, I find that Respondent violated the following
section of Part 191, as more fully described in the Notice:
49 C. F. R, tt191. 5 — failure to give telephonic notice to the National Response Center (NRC),
at the earliest practicable moment following the incident which occurred on November 29,
2002, at 8:05 pm. in Brunswick, GA. Respondent did not notify the NRC until 10:22 p. m.
on December I, 2002. The incident resulted in the loss of service to approximately 3, 654
customers on St. Simons and Sca Island, GA.
This finding of violation will be ctntstdttsadas a prior offense in any subsequent enforcement action
taken against Respondent.



Under 49 U. S. C. tj 60122, Respondent is subject to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related series of
violations.
49 U. S. C. II 60122 and 49 C. F. R. II 190. 225 require that, in dctcrmining the amount of the civil
penalty, I consider thc following criteria: nature, circumstances, and gravity of the violation, degree
of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the
penalty, good faith by Respondent in attcrnpting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
Accordingly, having reviewed the record and considered the assessment criteria, I assess a civil
penalty of $10, 000, already paid by Respondent. The terms and conditions of this Final Order are
effective upon rcceipL
AUG -8 2003
Gcrard
Associate Administrator
for Pipeline Sal'ety

## Provenance

- Official: Yes
- Source: <https://primis.phmsa.dot.gov/enforcement-data/case/220030001>
- Source ID: `phmsa-enforcement`
- SHA-256: `f4863d76f7411f6e38f96d39419a08549e51bd934965c7832a124a61eb24e7cc`
- Retrieved: 2026-08-20T04:44:44.458Z
- Exported: 2026-08-23T19:36:07.500Z
- Document slug: `phmsa-enforcement-220030001`

### Source metadata

```json
{
  "cpf": "220030001",
  "operator": "ATLANTA GAS LIGHT CO",
  "region": "Southern",
  "pipelineType": "GAS INTRASTATE ONSHORE",
  "caseStatus": "CLOSED",
  "citedSections": [
    "191.5"
  ],
  "dataAsOf": "08/04/2026 12PM",
  "caseDataAsOf": "2026-08-04",
  "attachmentCount": 5,
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  "jurisdiction": "US",
  "operatorName": "ATLANTA GAS LIGHT CO"
}
```
