Recommended Fines For Probable Violations

(a)Procedures for the Recommendation of Fines: Subject to the consent of the Executive Director and the Commissioners of the Alabama Public Service Commission (the "APSC"), the Director of the Gas Pipeline Safety Division (the "GPS Director") may recommend the imposition of fines up to $1,000 for GPS staff-identified probable violations of the Gas Pipeline Safety Rules and Regulations established at 49 CFR Parts 192 through 199. The GPS Director shall notify the APSC Executive Director and the APSC Commissioners, in writing, of any fines so recommended at least 10 days before proceeding with notification to the affected natural gas and/or hazardous liquid operators ("operators"). If no objections to the recommended fines are communicated by the Executive Director and/or the APSC Commissioners, the GPS Director may proceed with notifying the affected operator of the probable violation(s) and recommended fine(s) in question.#

(b)Elections Procedures for Operators: Operators who receive written notice of recommended fines for probable violations shall, in writing, exercise their option to either accept or contest the recommended fines and the associated probable violations on the form provided by the GPS Director. In the event the operator elects to accept the recommended fines, the operator's election in that regard shall constitute a waiver of the operator's right to a due process hearing in settlement of the proposed violations cited in the written notice. In the event the operator elects to contest the recommended fines and the associated probable violation, the procedures necessary to establish a due process hearing may be commenced by the Commission. The election discussed herein shall be filed with the Secretary of the Commission no later than 20 days after the service date reflected in the notice issued by the GPS Director recommending the fines.#

(c)Compliance Status of Operators who elect to pay Recommended fine(s): Operators who elect to pay fines recommended by the GPS Director in the manner prescribed herein will, upon receipt by the Commission of such fines along with the required form waiving the operator's right to a due process hearing, be considered in compliance subject to a follow-up inspection by GPS staff. The GPS Director will issue a written notice of compliance upon receiving notification from GPS staff of the operator's compliance following the further inspection. Any probable violation(s) that are not corrected in a manner which is satisfactory to GPS staff upon further investigation may or may not be addressed pursuant to the provisions of this rule regardless of the fine(s) which may have been consented to and paid. Appropriate notice will be given by the GPS staff so as to clearly advise operators of the procedures which are applicable to their situation.#