{"operation":"document","citation":"CPF 120051006","title":"COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-12-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.491(c), 192.605(a), 192.739(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120051006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120051006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120051006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120051006","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.491(c),  192.605(a),  192.739(d). The case was opened on 2005-12-27 and is reported as closed as of 2007-05-01. Proposed civil penalty: $65,000. Assessed civil penalty: $65,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120051006_Final Order_09202006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120051006/120051006_Final%20Order_09202006.pdf\n\nCPF_NO_1-2005-1006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120051006/CPF_NO_1-2005-1006.pdf\n\n120051006_Final Order_09202006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nMr. Reed Robinson\nVice President, Engineering Services\nColumbia Gas Transmission Co.\n1700 MacCorkle Avenue SE\nP.O. Box 1273\nCharleston, WV 25325-1273\nRe: CPF No. 1-2005-1006\nDear Mr. Robinson:\nEnclosed is the Final Order issued by the Acting Associate Administrator for Pipeline Safety\nin the above-referenced case. It makes findings of violation, assesses a civil penalty of $65,000,\nand specifies actions to be taken to comply with the pipeline safety regulations. The penalty\npayment terms are set forth in the Final Order. When the civil penalty is paid and the terms of\nthe Compliance Order completed, as determined by the Director, Eastern Region, this\nenforcement action will be closed. Your receipt of the Final Order constitutes service of that\ndocument under 49 C.F.R. 3 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: William H. Gute, Director, Eastern Region, PHMSA\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nGranite State Gas )\nTransmission Inc. and\nColumbia Gas Transmission Inc., ) CPF NO. 1-2005-1006\n1\nRespondents\nFINAL ORDER\nOn June 21 - 24,2004, pursuant to 49 U.S.C. tj 601 17, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA)', Office of Pipeline Safety conducted an\non-site pipeline safety inspection of Respondent's facilities and records in Maine, New\nHampshire, and Massachusetts. As a result of the inspection, the Director, Eastern Region,\nPHMSA, issued to Respondent, by letter dated December 27,2005, a Notice of Probable\nViolation, Proposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance\nwith 49 C.F.R. tj 190.207, the Notice proposed finding that Respondent had committed violations\nof 49 C.F.R. Part 192 and proposed assessing a civil penalty of $65,000 for the alleged\nviolations. The Notice also proposed ordering Respondent to take certain measures to correct\none of the alleged violations.\nRespondent responded to the Notice by letter dated January 26,2006 (Response). Respondent\ndid not contest the allegations of violation. Respondent did not request a hearing, and therefore\nhas waived its right to one.\nFINDINGS OF VIOLATIONS\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I\nfind that Respondent violated the following sections of 49 C.F.R. Part 192, as more fully\ndescribed in the Notice:\n' Effective February 20,2005, the Pipeline and Hazardous Materials Safety Administration (PHMSA) succeeded\nResearch and Special Programs Administration as the agency responsible for regulating safety in pipeline\ntransportation and hazardous materials transportation. &e, section 108 of the Norman Y. Mineta Research and\nSpecial Programs Improvement Act (Public law 108-426, 118 Stat. 2423-2429 (November 30,2004)). See also, 70\nFed Reg. 8299 (February 18,2005) redelegating the pipeline safety authorities and functions to the PHMSA\nAdministrator.\n\n\n\n2\n49 C.F.R. $ 192.605(a) (Notice Item 2) - failing to follow written operation and\nmaintenance (O&M) procedures. Respondent's O&M procedures required it to take\nprompt remedial action in response to any deficiencies discovered when monitoring its\npipeline system. O&M procedures require that remedial action should be initiated within\n15 months of discovery of the deficiency. A pipeline crossing test station (TS) # 79 had a\nlow pipe to soil voltage reading and did not have adequate cathodic protection since\n1999. Respondent also could not locate five test stations and therefore could not perform\nexternal corrosion control monitoring;\n49 C.F.R. $ 192.739 (Notice Item 3) - failing to inspect regulator stations within the 15\nmonth time interval required by $ 192.739. Respondents exceeded the 15 month interval\nfor inspection at 5 sites.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\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 maximum of $1,000,000 for any related series of\nviolations.\n49 U.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,\ndegree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability\nto pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as justice may require.\nWith regard to Item 2, the Notice proposed a civil penalty of $60,000 for Respondent's failure to\ncorrect deficiencies in its cathodic protection system after detecting low pipe to soil voltage.\nRespondent was also unable to locate five test stations. A pipeline near TS # 79 did not have\nadequate cathodic protection since 1999. Respondent could not provide any documentation to\nshow that it had initiated remedial maintenance work. TS # 1 13 had not been read since 1999.\nRespondent is responsible for the operation of these pipelines and should be aware of the code\nrequirements. Inadequate pipe to soil readings can adversely affect the safe operation of the\npipeline system. Without adequate cathodic protection, corrosion can occur which can lead to a\nfailure in the line possibly resulting in grave public and environmental harm. The Respondent\nhas provided no information to warrant a reduction, therefore I assess Respondent a civil penalty\nof $60,000 for violating 49 C.F.R. $ 192.605.\nWith regard to Item 3, the Notice proposed a civil penalty of $5,000 for Respondent's failure to\ninspect regulator stations within the 15 month interval as required by the code. Five sites were\nidentified where the inspection interval exceeded 15 months. Four of these five sites exceeded\nthe 15 month internal by only a few days. The fifth site, Debbie, Ln., Elliot exceeded the 15\nmonth interval by over seven months. The $5,000 civil penalty for this violation has been\n\n\n\n3\nassessed due to Respondent's lapse in inspection at the Debbie, Ln., Elliot site. Inspection of\npressure limiting or regulator stations is important to the safe operation of the pipeline. The\nRespondent has provided no information that would warrant a reduction in the civil penalty,\ntherefore I assess the Respondent a civil penalty of $5,000 for violating 49 C.F.R. 9 192.739.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a total civil penalty of $65,000. Respondent has the ability to pay this penalty\nwithout adversely affecting its ability to continue in business.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. 9 89.21(b)(3)) require this payment be made by wire transfer, through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMZ-300), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73 125; (405) 954-8893.\nFailure to pay the $65,000 civil penalty will result in accrual of interest at the current annual rate\ninaccordance with31 U.S.C. 9 3717,31 C.F.R. 9 901.9, and49 C.F.R. 9 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a United\nStates District Court.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 2 in the Notice for violating 49\nC.F.R. 9 192.605(a). Under 49 U.S.C. 9 601 18(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n9 60 1 18(b) and 49 C.F.R. 9 190.2 17, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations. Respondent\nmust -\n1. Institute a means of documentation of its atmospheric corrosion monitoring as required\nby 9 192.491 (c) of the code. A copy of the written procedures must be submitted to the\nEastern Region, PHMSA within 30 days of receipt of this Final Order.\n2. Perform the required maintenance on the cathodic protection system to properly\nprotect the pipeline and to verify the adequacy of the cathodic protection on those sites in\nItem 2 of the Notice. A report outlining the results of the maintenance work must be\nsubmitted to the Eastern Region, PHMSA within 90 days of receipt of this Final Order.\nRespondent must submit all correspondence to the Regional Director, Eastern Region, PHMSA,\n409 3rd Street, SW, Suite 300, Washington D.C. 20024.\n\n\n\n4\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day the violation continues, or in the referral of the case for judicial\nenforcement.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item 1 in the Notice; therefore,\nthis is to be considered a warning item. Respondent is warned that if it does not take appropriate\naction to correct this item, enforcement action will be taken if a subsequent inspection reveals a\nviolation. The warning was for -\n192.491(c) (Notice Item 1) -Respondent's failure to maintain records of inspection for\natmospheric corrosion. Section 192.491 (c) requires operators to keep for at least 5 years,\nrecords of inspections detailing the adequacy of corrosion control. Respondent did not\nhave records prior to 2003 documenting any inspection of its pipelines at regulator\nstations for atmospheric corrosion. Respondent also did not have records to show that it\nhad ever inspected the pipelines at its valve stations for atmospheric corrosion.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The filing of the petition\nautomatically stays the payment of any civil penalty assessed. However, if Respondent submits\npayment for the civil penalty, this Final Order becomes the final administrative decision and the\nright to petition for reconsideration is waived. The terms and conditions of this Final Order are\neffective on receipt.\nSEP 2 0 2006\nDate Issued\nfor Pipeline Safety","truncated":false,"body_characters":11966}