{"operation":"document","citation":"CPF 120053003","title":"TOTAL PEAKING SERVICES — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-03-07","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2619.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120053003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120053003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120053003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120053003","body":"Notice of Probable Violation involving TOTAL PEAKING SERVICES. PHMSA's enforcement data identifies the cited regulation as 193.2619. The case was opened on 2005-03-07 and is reported as closed as of 2005-09-06. Proposed civil penalty: $45,000. Assessed civil penalty: $30,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120053003_Final Order_08182005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120053003/120053003_Final%20Order_08182005.pdf\n\nTOTAL PEAKING SERVICES (120053003).pdf: https://primis.phmsa.dot.gov/enforcement-documents/120053003/TOTAL%20PEAKING%20SERVICES%20(120053003).pdf\n\n120053003_Final Order_08182005.pdf\n\no @\nU.S. Deporlment\nof Tronsponoiion\nPlpeline qnd\nHozordous Mqterlolr Sqfety\nAdministrotlon\n400 Seventh Street. S.W.\nWashington, D.C. 20590\nAUG 18 2005\nTimothyKelley\nVice President, Regulatory Services\nTotal Peaking Services\nSouthem Connecticut Gas Company\n855 Main Street\nBridgeport, Connecticut 06604\nRe: CPFNo. 1-2005-3003\nDear Mr. Kelley:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings ofviolation and assesses a civil penalty of $30,000. The\npenaltypayment terms are set forth in the Final Order. This enforcement action closes automatically\nupon pa-yment. Your receipt of the Final Order constitutes service of tha.t document under 49 C.F.R.\n6190.5.\nSincerely,\n'l tn\nl,-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline SafetY\nEnclosure\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nTotal Peaking Selices,\nRespondent.\nCPF No. 1-2005-3003\nFINAL ORDER\nBefween August 23 and September 8,2004, pursuant 49 U.S.C. $ 60117, a representative of the\nState of Connecticut Department of Public Utilify Control, as agent for the Office of Pipeline Safety\n(OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records of the\nTPS LNG facility in Milford, Connecticut. As a result of the inspection, the Director, Eastern\nRegion, OPS, issued to Respondent, by letter dated March 7\n, 2005, a Notice of Probable Violation\nand Proposed Civil Penalty. In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding\nthat Respondent had violated 49 C.F.R. $ 193.2619 and proposed assessing a civil penalty of\n$45,000 for the alleged violation.\nRespondent responded to the Notice by letter dated May 10,2005 (Response). Respondent did not\ncontest the allegations ofviolation but offered an explanation and requested that the proposed civil\npenalty be reduced. Respondent did not request a hearing, and therefore has waived its right to one.\nFIND]NGS OF VIOLATION\nIr its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I find\nthat Respondent violated the following section of 49 C.F.R. Part 193, as more fully described in the\nNotice:\n49 C.F.R. $ 193,2619 - failing to test its low-temperature shutoff controllers at the three\nvaporizer outlets before use each season.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\n2\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, 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 Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $45,000 for violation of § 193.2619.\nIn its Response, Respondent did not contest the violation. However, Respondent did explain that\nit \"did not opcrate any of the vaporizers during the 2001-02 heating season.\" (Response, p.2)\nTherefore, it was not in compliance for only two seasons, not three seasons as alleged in the Notice.\nBased on this explanation, Respondent requested a reduction in the fine. Id.\nI agree that § 193.2619 requires seasonal testing only if the control system is being used in that\nseason. Accordingly, having reviewed the record, considered the assessment criteria and the new\ninformation presented in Respondent's Response to the Notice, I will reduce the civil penalty from\n$45,000 to $30,000.\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 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 Monroney Aeronautical\nCenter, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954-8893.\nFailure to pay the $30,000 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 referral\nof the matter to the Attorney General for appropriate action in a United States District Court.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The filing of the petition automatically\n\n\n\noJ\nstays the payment of any civil penalty assessed. However if Respondent submits payment for the\ncivil penalty, the Final Order becomes the final administrative decision and the right to petition for\nreconsideration is waived. The terms and conditions of this Final Order are effective on receipt.\nAUG 't I 2C{]5\nDate Issued\n9.\\\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6446}