{"operation":"document","citation":"CPF 120031002","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-03-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(b)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120031002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120031002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120031002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120031002","body":"Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(6). The case was opened on 2003-03-04 and is reported as closed as of 2004-07-12. Proposed civil penalty: $25,000. Assessed civil penalty: $25,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120031002_Final Order_07122004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120031002/120031002_Final%20Order_07122004.pdf\n\n120031002_Final Order_07122004.pdf\n\nu~~\"'~-.\na ~~-~1\n~~-;:-. ~\n~-;;-:~ ~.'--\nM\n- ~-;;-. II .\nsw\n-:.-IIw-~-;. DC\n~\nJUl 1 2 3X)4\nMr. 1'IDD8 E. Capps\nPresident &; Chief Ex~tive Officer\nDominion Tr8J8n illion. ~ .\nP. O. Box 26666\nRichmolxi, VA 23261\nRB: CPF No. 1-2003-1002\nDearMr.~:\nEnclosed iI the Final Old« i!!1.!~ by the AIIociate Administrator for Pipeline Safety in the\nIbove-.gf~ cue. It m8k~ a fiJMlina ofviolatioa aIMI .._=-:::~ a civil paaa1ty ofS2S.(xx). It\nfurther fiIMIs that )'Ou have completed the ~ specified in the Nocicerequ ired to CCXIIpIy with the\npipeline safety regulations. The penalty payment tcrma are set f'orth in the Final Order. When the\ncivil paIalty is paid, this eoiorcanmt Ktion win be clOled. Your receipt of' the Final Orda'\nconstitutes service of that ~umalt WMIer 49 C.F.R. f 190.S.\nSilK:elely.\ncT=.!!:;--\nPipeti~ Ccxupli~ Registry\nOffice of Pipeline Safety\nElx:1osure\ncc: Mr. Jma E. p , on M_p, PipcliDe Integrity\nMr. Gary L. Sypol~ Senior Vice President, DTI\nCERmiFlJ MAn.. -R EnJRNREC EIPT REO~TED\n\n\n\nDEPARTMENT OF TRANSPORT A TION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nCPF No.\n1-2003-1002\nFINAL ORDER\nOn May 24, 2002, pursuant to 49 V.S.C. § 60117, a representative of the West Virginia Public\nService Commission (wvpSC), as agent for the Office of Pipeline Safety (OPS) conducted an\ninvestigation of an incident that occuned on April 24, 2002, which resulted in a fire and damage to\nthe station' s dehydration unit at RCSJX>Ildent' s Comwcll CoullXelsor Station, Kanawha County, West\nVirginia. As a result of the inspccti~ the Director, Eutem Rcgi~ OPS, issued to Respondent, by\nletter dated March 4, 2003, a Notice of Probable Violati~ Proposed Civil Penalty, and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R § 190.207, the Notice proposed finding\nthat Respondent had violated 49 C.F.R. §192.605(b)(6) and proposed assessing a civil penalty of\n$25,000 for the alleged violation. The Notice also proposed that Respondent take certain measures\nto co~t the alleged violation.\nRespondent responded to the Notice by tetter dated Aprit4, 2003 (Response). Respondent did not\ncontest the allegation of violation but submitted infonnation concerning the co~tive actions it has\ntaken. Respondent did not request a hearing, and therefore bas waived its right to one.\nFINDINGS OF VIOLADON\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accoldingly, I find\nthat Respondent violated 49 C.F.R. § 192.605(b)(6), as more fully described in the Notice:\n49 C.F.R. §l92.605(b)(6}-failing to have maintenance procedures that provide\nguidance or that reference the manufacturer's recommended procedures for the\nmaintenance of the glycol dehydration system and flame alTeStor located at the\nCornwell Compressor Station, Kanawha County, West Virginia. Respondent also\nfailed to follow the manufKturer's recommended procedures which require a\nthorough check of the glycol dch}tdration system at least every 30-40 days and failed\nto perform regular maintcnancc of the fircbox flame an'eStor to ensure proper\noperation.\n\n\n\n2\nThis finding of violation will be consida'cd a prior offense in any subsequent enforcement -=lion\ntaken against RespondenL\nASSESSMENT OF PENAL TV\nUnder 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximwn of $ 1 ,000,000 for any related series of\nviolations.\n49 V.S.C. § 60122 and 49 C.F.R. § 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondenes\nability to continue in business, and such other matters as justice may require. The Notice proposed\na $25,000 civil penalty for violation of 49 C.F.R. § 192.605(b)(6).\nRespondent did not contest the allegations that it failed to have maintenance procedures to provide\nguidance or that reference the manufacturer's recommended procedures for the maintenance of the\nglycol dehydration system and flame arrestor located at the Cornwell Compressor Station.\nRespondent also failed to follow the manufacturer's ~mmended procedures for the gl)'COI\ndehydration system and the firebox flame arrestor. All gas and hazardous liquid pipeline operators\nmust maintain and make available to appropriate operating personnel a manual of written procedures\nfor conducting operations and maintenance activities to enable persolUlel to safely and effectively\nperfonn their duties and maintain its facilities. Respondent bas not shown any circwnstance that\nwould have prevented or justified it not having maintenance procedures that provide guidance or that\nreference the manufacturer's recommended procedures. Accordingly, having reviewed the ~ord\nand considered the assessment criteria, I assess Respondent a civil penalty of $25,000.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F .R.\n§ 89.21(b)(3» require this payment may be made by wire transfer, through the Federal Reserve\nCommunications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are\ncontained in the enclosure. Questions concerning wire transfers should be directed to: Financial\nOperations Division (AMZ-120), Federal Aviation Administration, Mike MonroneyAeronautical\nCenter, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954-8893.\nFailure to pay the $25,000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U.S.C. § 3717,31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in refelTal\nof the matter to the Attorney General for appropriate action in an United States District Court.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for violation of 49 C.F.R. § 192.605(b)( 6).\n\n\n\n,\nVnder49 V.S.C. § 60118(a), each penon who engages in the transportation of gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. The Regional Director has indicated that Respondent has taken the following\nactions sp~ified in the proposed compliance order:\n1.\nRespondent submitted operation and maintenance procedures for the Glycol\nDehydration Unit and the Super Heated Vapor (SHY) Dehydration Unit Flare\nSystem based on the manufacturer's procedures and recommendations for the\nsafe operation of the dehydration unit\n~ Respondent submitted an operation and maintenance schedule for the\nCornwell Station operating personnel to perfonn the proper procedures to\ndrain the condensate drips and prevent the overflow of condensate into the\ndehydration contact tower.\nAccordingly, since compliance has been achieved with respect to this violation,\nterms are not included in this Order.\nthe compliance\nUnder 49 C.FR § 190.215, Respondent has a right to petition for reconsideration of this Final\nOrder. The petition must be received within 20 days of Respondent's receipt of this Final Order and\nmust contain a brief statement of the issue(s). The filing of a petition automatically stays the\npayment of any civil penalty usessed. All other terms of the order, including any required corrective\naction, shall remain in full effect unless the Associate Administrator, upon written request, grants\nThe tenns and conditions of this Final Order are effective upon receipt.\n'\\')\nJUL 1 2 ~\nDate Issued\n~\"\" for Pipeline Safety","truncated":false,"body_characters":8416}