# EQUITRANS MIDSTREAM CORPORATION — Notice of Probable Violation

**Citation:** CPF 220071005  
**Type / status:** enforcement / historical  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2007-04-09

CLOSED notice of probable violation citing 192.603(b), 192.705(b).

## Document text

Notice of Probable Violation involving EQUITRANS MIDSTREAM CORPORATION. PHMSA's enforcement data identifies the cited regulations as 192.603(b),  192.705(b). The case was opened on 2007-04-09 and is reported as closed as of 2010-11-22. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220071005_closure letter_11222010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_closure%20letter_11222010.pdf

220071005_closure letter_11222010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_closure%20letter_11222010_text.pdf

220071005_FinalOrder_02232010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_FinalOrder_02232010.pdf

220071005_FinalOrder_02232010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_FinalOrder_02232010_text.pdf

220071005_operator response_05102007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_operator%20response_05102007.pdf

CPF 2-2007-1005 Equitable Production Co_NPV_PCO_4_9_07_derick.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/CPF%202-2007-1005%20Equitable%20Production%20Co_NPV_PCO_4_9_07_derick.pdf

cpf 2-2007-1005 equitable production co_npv_pco_4_9_07_derick_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/cpf%202-2007-1005%20equitable%20production%20co_npv_pco_4_9_07_derick_text.pdf

220071005_FinalOrder_02232010_text.pdf

FEB 23 2010
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7009 1410 0000 2472 9949]
Mr. Joseph E. O’Brien
President
Equitable Production Company
225 North Shore Drive
Pittsburgh, PA 15212-5861
RE: CPF No. 2-2007-1005
Dear Mr. O’Brien:
Enclosed is the Final Order issued in the above-referenced case. It makes findings of violation
and specifies actions to be taken to comply with the pipeline safety regulations. When the terms
of the compliance order are completed, as determined by the Director, Southern Region, this
enforcement action will be closed. Service of this Final Order is complete upon satisfaction of
the requirements in 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Robert J. Cooper, Director, Facilities and Technical Training, Equitable Production
Ms. Linda Daugherty, Director, Southern Region, OPS



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________
In the Matter of )
Equitable Production Company, ) CPF No. 2-2007-1005
)
)
)
Respondent. )
__________________________________ )
FINAL ORDER
On May 23-24, 2006, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site safety inspection of the facilities and records of Equitable Production
Company (Equitable or Respondent) at Big Stone Gap, Virginia, for its Clintwood, Virginia
pipeline facilities. As a result of the inspection, the Director, Southern Region, OPS (Director),
issued to Equitable, by letter dated April 9, 2007, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Respondent committed violations of 49 C.F.R. Part 192 and that it take certain
measures to correct the alleged violations.
Respondent responded to the Notice by letter dated May 10, 2007 (Response). Respondent did
not contest the allegations of violation, but expressed its intent to comply with the corrective
actions as proposed in the compliance order. Respondent did not request a hearing and therefore
has waived its right to one.
FINDINGS OF VIOLATION
In its Response, Equitable did not contest the allegations in the Notice that it violated 49 C.F.R.
Part 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b), which states:
§ 192.705 Transmission lines: Patrolling.
(a) . . . .



2
(b) The frequency of patrols is determined by the size of the line, the operating
pressures, the class location, terrain, weather, and other relevant factors, but intervals
between patrols may not be longer than prescribed in the following table:
Class
location
of line
Maximum interval between patrols
At highway and
railroad crossings
At all other places
1, 2 71/2 months; but at
least twice each
calendar year.
15 months; but at least
once each calendar
year.
3 41/2 months; but at
least four times
each calendar year.
71/2 months; but at
least twice each
calendar year.
4 41/2 months; but at
least four times
each calendar year.
41/2 months; but at
least four times each
calendar year.
The Notice alleged that Respondent’s patrolling records show that in 2005 it exceeded maximum
interval for conducting Class 3 highway crossing patrols. Specifically, the Notice alleged that
Respondent failed to complete the required patrols within the required interval in 2005.
Equitable’s records show the highway crossing patrols were conducted on the following dates:
2004 Year 2005 Year 2006 Year
11-01-04 05-06-05 01-13-06
06-06-05 04-25-06
12-21-05 05-12-06.
Maintaining a system of inspection insures reasonable promptness in the detection of all surface
conditions on and adjacent to the transmission line right-of-way. Patrolling alerts the operator to
indications of any and all factors affecting the safe operation of the pipeline. The purpose of this
regulation is to locate any pipeline leaks and to detect excavation activity that could affect the
safe operation of the pipeline. As Equitable has not contested these allegations, I find that
Respondent violated 49 C.F.R. § 192.705(b) by exceeding the maximum interval for conducting
patrols of highway crossings for pipelines in Class 3 locations during the 2005 calendar year.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



3
COMPLIANCE ORDER
The Notice proposed a Compliance Order with respect to Item 1 in the Notice for violations of 49
C.F.R. Part 192. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of
gas or who owns or operates a pipeline facility is required to comply with the applicable safety
standards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and
49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance
with the pipeline safety regulations applicable to its operations. Respondent must -
1. In regard to Item Number 1 of the Notice, Equitable Production Company must
establish and document a process to ensure that routine patrolling of the pipeline
system is performed, as required by 49 C.F.R. § 192.705(b).
2. Equitable Production Company must provide documentation to show completion
of the above action within 90 days of receipt of this Final Order.
3. Equitable Production Company shall maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit
the total to Linda Daugherty, Director, Southern Region, Pipeline and Hazardous
Materials Safety Administration, 233 Peachtree Street, Suite 600, Atlanta, GA
30303. Costs shall be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost
associated with replacements, additions and other changes to pipeline
infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by Respondent demonstrating good cause for an extension.
Failure to comply with this Order may result in administrative assessment of civil penalties not to
exceed $100,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
WARNING ITEM
With respect to Item 2, the Notice alleged probable violations of 49 C.F.R. Part 192, but did not
propose a civil penalty or compliance order for that item. Therefore, it is considered to be a
warning item. The warning was for:
49 C.F.R. § 192.603(b), (Notice Item 2) ─ Respondent’s alleged failure to keep
records necessary to administer the procedures for its annual monitoring of
cathodic protection. Specifically, the Notice alleged that Respondent’s records
indicated that monitoring was performed in July 2004 and June 2005. However,



4
the June 2005 documentation consisted only of pictures of the digital meter pipe-
to-soil (p/s) reading and the half-cell at the test station location. The Notice also
alleged that Respondent failed to maintain its records in accordance with its
procedures for documentation and the completion of company forms.
Equitable presented information in its Response showing that it had taken certain actions to
address the cited items. Having considered such information, I find, pursuant to 49 C.F.R.
§ 190.205, that probable violations of 49 C.F.R. § 192.603(b) (Notice Item 2) have occurred and
Respondent is hereby advised to correct such conditions. In the event that OPS finds a violation
for any of this provision in a subsequent inspection, Respondent may be subject to future
enforcement action.
Under 49 C.F.R. §190.215, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590. 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) and meet all other requirements of 49 C.F.R.
§ 190.215. The terms of the Final Order, including any required corrective action, shall remain
in full force and effect unless the Associate Administrator, upon request, grants a stay. The terms
and conditions of this Final Order shall be effective upon receipt.
___________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

220071005_closure letter_11222010_text.pdf

November 22, 2010
Mr. Martin Fritz
President
EQT Midstream
625 Liberty Avenue
Suite 1700
Pittsburgh, PA 15222
CPF 2-2007-1005
Dear Mr. Fritz:
On May 23-24, 2006, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) inspected Equitable Production Company's (Equitable) procedures
and records for the Clintwood, Virginia, pipeline facilities at the Big Stone Gap, Virginia,
office pursuant to Chapter 601 of 49 United States Code. It is our understanding that
Equitable is now EQT Midstream.
As a result of the inspections, PHMSA issued a Final Order to Equitable on February 23,
2010. The Final Order included a Compliance Order (CO), which required Equitable to take
certain actions to protect the public and the environment.
The PHMSA Southern Region has reviewed your September 30, 2010, written response to the
CO. We find that you have met the requirements specified in the CO. No further action is
necessary with regards to the Final Order and this case is now closed.
Please be advised that nothing herein states or implies that the above described procedures
and records meet the requirements of the federal pipeline safety regulations or that the
program is approved. The pipeline system remains subject to inspection by PHMSA.
Sincerely,
Wayne T. Lemoi
Director, Office of Pipeline Safety
PHMSA Southern Region

## Provenance

- Official: Yes
- Source: <https://primis.phmsa.dot.gov/enforcement-data/case/220071005>
- Source ID: `phmsa-enforcement`
- SHA-256: `d40c6c900345e579ca182c93f94ba2a1410591419785f23cc15a43fed51e9459`
- Retrieved: 2026-08-20T04:44:44.458Z
- Exported: 2026-08-22T18:51:28.101Z
- Document slug: `phmsa-enforcement-220071005`

### Source metadata

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  "cpf": "220071005",
  "operator": "EQUITRANS MIDSTREAM CORPORATION",
  "region": "Southern",
  "pipelineType": "GAS INTERSTATE ONSHORE",
  "caseStatus": "CLOSED",
  "citedSections": [
    "192.603(b)",
    "192.705(b)"
  ],
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