OPPORTUNITY FOR OPERATOR TO RESPOND

2312.1A gas corporation or small gas operator that is the subject of a formal notice of probable violation shall respond to the Director, Office of Engineering, in writing within thirty (30) days of receipt of the notice.#

2312.2A gas corporation or small gas operator shall respond to the NOPV as follows: (a) If the NOPV contains a proposed compliance order, a gas corporation or small gas operator may: (1) Agree to the proposed compliance order; (2) Request the execution of a consent order; or (3) Object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice; and (b) If the NOPV contains a proposed civil penalty, a gas corporation or small gas operator may: (1) Pay the penalty; or (2) Submit a written explanation, information, or other material in answer to the allegations in the notice and to mitigate the proposed civil penalty.#

2312.3If a gas corporation or small gas operator objects to the proposed compliance order or civil penalty and submits a written explanation, information or other material in response to the NOPV, the Director of the Office of Engineering, shall review the submissions and determine, in writing, whether there exists good cause to believe a violation has occurred, whether to negotiate further, modify, or withdraw the NOPV, or whether to refer the matter to the Commission for resolution. The Director of the Office of Engineering shall complete this review within sixty (60) calendar days of the receipt of the response and shall serve this determination on the gas corporation or small gas operator.#

2312.4If a gas corporation or small gas operator objects to the determination of the Director of the Office of Engineering, the gas corporation or small gas operator may request a hearing by the Commission within thirty (30) calendar days of the Director’s determination. A request for a hearing must be accompanied by a statement of the issues that the gas corporation or small gas operator intends to raise at the hearing. The issues may relate to the allegations in the NOPV, the proposed compliance order, or the proposed civil penalty. Failure to specify an issue may result in waiver of the right to raise that issue at the hearing.#

2312.5The Director of the Office of Engineering, may execute a consent order jointly with a gas corporation or small gas operator. An executed consent order shall contain: (a) An admission by a gas corporation or small gas operator of all jurisdictional facts; (b) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of the order; (c) An acknowledgement that the notice of probable violation may be used to construe the terms of the consent order; and (d) A statement of the actions required of the gas corporation or small gas operator and the time by which the actions shall be accomplished.#

2312.6Following an investigation and a determination by the Director of the Office of Engineering, that there exists good cause to believe that a gas corporation or a small gas operator violated minimum pipeline safety requirements, the Director of the Office of Engineering, may assess or negotiate a civil penalty pursuant to D.C. Official Code § 34-706 (2010 Repl. & 2011 Supp.).#

2312.7In proposing a civil penalty, the Director of the Office of Engineering, shall consider the criteria stated in D.C. Official Code § 34-706.#

2312.8A gas corporation or small gas operator shall pay a civil penalty that has been proposed or compromised by submitting to the Commission a check in the correct amount, payable to the U.S. Treasury to the credit of the District of Columbia General Fund. SOURCE: Final Rulemaking published at 33 DCR 6625, 6629 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).#