{"operation":"document","citation":"CPF 120081003","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":"2008-03-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120081003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120081003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120081003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120081003","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2008-03-14 and is reported as closed as of 2010-08-20. Proposed civil penalty: $100,000. Assessed civil penalty: $100,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120081003_Final Order_08202010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120081003/120081003_Final%20Order_08202010.pdf\n\n120081003_Final Order_08202010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120081003/120081003_Final%20Order_08202010_text.pdf\n\n120081003_NOPV PCP_03142008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120081003/120081003_NOPV%20PCP_03142008.pdf\n\n120081003_nopv pcp_03142008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120081003/120081003_nopv%20pcp_03142008_text.pdf\n\n120081003_Operator Response_04232008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120081003/120081003_Operator%20Response_04232008.pdf\n\n120081003_Final Order_08202010_text.pdf\n\nAUG 20 2010\nMr. Christopher A. Helms\nExecutive Vice President\nNiSource, Inc.\n5151 San Felipe, Suite 2500\nHouston, Texas 77056\nRe: CPF No. 1-2008-1003\nDear Mr. Helms:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $100,000. I acknowledge receipt of payment of the full\npenalty amount, by wire transfer, dated June 30, 2010. This enforcement action is now closed.\nService of the Final Order by certified mail is deemed effective upon the date of mailing, or as\notherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, Director, Eastern Region, PHMSA (by email to byron.coy@dot.gov)\nMr. Kenneth W. Christman, Esq., Counsel for Columbia Gas Transmission, LLC (by\nemail to kchrist@nisource.com)\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0039 0720]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_______________________________\n)\nIn the Matter of )\n)\nColumbia Gas Transmission, LLC, ) CPF No. 1-2008-1003\n)\nRespondent. )\n_______________________________ )\nFINAL ORDER\nOn August 23, 2006, pursuant to 49 U.S.C. § 60117, a representative of the West Virginia Public\nService Commission, as agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an August 21, 2006\nincident involving the pipeline system operated by Columbia Gas Transmission, LLC (CGT or\nRespondent),\ntransmission pipelines throughout the eastern and southern United States.\n1 in Hardy County, West Virginia. CGT operates over 14,000 miles of natural gas\nThe OPS investigation arose from an incident in which an excavator performing work for CGT\nstruck an underground tap on the company’s WB Loop Line on the grounds of the Lost River\nCompressor Station. The resulting damage caused a rupture and release of gas. No property\ndamage or injuries resulted from the incident.\nAs a result of the investigation, the Director, Eastern Region, OPS, issued to Respondent, by\nletter dated March 14, 2008, a Notice of Probable Violation and Proposed Civil Penalty (Notice).\nIn accordance with 49 C.F.R. § 190.207, the Notice proposed finding that CGT had committed a\nviolation of 49 C.F.R. § 192.605(a) and proposed assessing a civil penalty of $100,000 for the\nalleged violation.\nCGT responded to the Notice by letter dated April 23, 2008. The company initially contested the\nallegation of violation and the proposed civil penalty, and requested a hearing. A hearing was\nheld on November 20, 2008, with Jim Curry, an attorney from the Office of Chief Counsel,\nPHMSA, presiding. Respondent was represented by counsel during the hearing. Respondent\ntimely submitted a post-hearing closing statement on December 22, 2008. By letter dated\nJune 30, 2010, Respondent sought closure of the case and informed PHMSA that “after further\nconsideration of the [Notice] and related circumstances,” it would pay the full amount of the\nproposed civil penalty.2\nCGT also described the actions it had taken since the Notice to improve\nthe safety of its pipeline operations.\n1 CGT is a wholly owned subsidiary of NiSource, Inc.\n2 NiSource Gas Transmission & Storage sent this letter and paid the civil penalty on behalf of CGT.\n\n\n\n2\nPayment of the penalty serves to close the case with prejudice to Respondent.\nFINDING OF VIOLATION\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in\nrelevant part:\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual for written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator at\nintervals not exceeding 15 months, but at least once each calendar year.\nThis manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nThe Notice alleged that CGT violated 49 C.F.R. § 192.605(a) by failing to follow its manual of\nwritten procedures for conducting operations and maintenance activities (O&M Plan).\nSpecifically, it alleged that the operator failed to follow its procedures for Trenching and\nExcavation, located in Section No. 110.01.13 of the O&M Plan, by failing to communicate to its\nexcavation contractor the exact location of an underground pipeline tap on the WB Loop Line.\nThe Notice alleged that this failure was a contributing factor to the August 21, 2006 incident.\nCGT initially contested this allegation on numerous grounds, but later paid the full proposed\ncivil penalty and requested closure of the case. Accordingly, based upon a review of all of the\nevidence, I find that CGT committed a violation of § 192.605(a) by failing to follow its manual\nof written procedures for conducting operations and maintenance activities.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. Having reviewed the record and considered the assessment criteria, I\nassess Respondent a total civil penalty of $100,000, which amount has already been paid in full\nby Respondent.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6973}