Hazardous pipeline facilities: inspection and notice.

(A)After an inspection or investigation, the staff may issue a notice of hazardous facility. The notice may include a proposed compliance order.#

(B)The staff may issue an amended notice or proposed compliance order at any time prior to the commencement of a gas pipeline safety proceeding brought pursuant to rule 4901:1-16-12 of the Administrative Code in order to modify or include additional hazards, facts, and proposed compliance orders. This rule should not be construed to prevent the staff, during the course of a gas pipeline safety proceeding, from seeking a finding of hazardous facility not listed in the notice or amended notice, from rescinding or refraining from seeking a finding of hazardous facilities, or from seeking a compliance order that varies from previous notices issued under this rule, provided that the staff's proposed findings and/or violations relate to the same incident, investigation, or safety audit(s).#

(C)Any notice of hazardous facility, proposed compliance order, or amendments thereto shall be served pursuant to rule 4901:1-16-08 of the Administrative Code.#

(D)The staff findings contained in the notice and proposed compliance order represent the results of the staff investigation. Such findings are not intended to represent the views of the commission or otherwise bind the commission.#