{"operation":"document","citation":"CPF 120131003","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":"2013-04-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605, 192.705(b), 192.751.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120131003","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.605,  192.705(b),  192.751. The case was opened on 2013-04-05 and is reported as closed as of 2013-11-26. Proposed civil penalty: $29,000. Assessed civil penalty: $29,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120131003_Closure Letter_12032013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Closure%20Letter_12032013.pdf\n\n120131003_Closure Letter_12032013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Closure%20Letter_12032013_text.pdf\n\n120131003_Final Order_11142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Final%20Order_11142013.pdf\n\n120131003_Final Order_11142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Final%20Order_11142013_text.pdf\n\n120131003_NOPV_PCP_04052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_NOPV_PCP_04052013_text.pdf\n\n120131003_Operator Response_05222013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Operator%20Response_05222013.pdf\n\n120131003_Closure Letter_12032013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS MAIL\nDecember 3, 2013\nShawn L. Patterson\nPresident, Engineering & Project Development\nColumbia Gas Transmission Corporation\n1700 MacCorkle Avenue SE\nCharleston, WV 25314\nCPF 1-2013-1003\nDear Mr. Patterson:\nOn November 14, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Columbia Gas Transmission Corporation, a Final Order for case 1-2013-1003. This\nOrder included a Civil Penalty assessment. Based on our review of the documentation you\nprovided, and confirmation of payment of the civil penalty, it has been determined that you have\ncomplied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: WV PSC: David Hippchen\n\n120131003_Final Order_11142013_text.pdf\n\nNOVEMBER 14, 2013\nMr. Shawn L. Patterson\nPresident\nColumbia Gas Transmission Corporation\n1700 MacCorkle Avenue, SE\nCharleston, WV 25314\nRe: CPF No. 1-2013-1003\nDear Mr. Patterson:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $29,000. The penalty payment terms are set forth in the\nFinal Order. This enforcement action closes automatically upon receipt of payment. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided 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: Byron Coy, PE, Eastern Region Director, OPS\nPerry M. Hoffman, Manager – System Integrity, NiSource Gas Transmission & Storage\n1700 MacCorkle Avenue, SE, Charleston, WV 25314\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nColumbia Gas Transmission Corporation, ) CPF No. 1-2013-1003\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nBetween October 19, 2010 and June 3, 2011, representatives from the West Virginia Public\nService Commission, acting as agents for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to chapter 601 of 49 United\nStates Code, conducted an on-site pipeline safety inspection of the facilities and records of\nColumbia Gas Transmission Corporation (CGT or Respondent), located in Charleston, West\nVirginia.\nCGT transports an average of 3 billion cubic feet of natural gas per day through a nearly 12,000-\nmile pipeline network and 92 compressor stations in 10 states, serving hundreds of communities.\nIts customers include local gas distribution companies, energy marketers, electric power\ngenerating facilities and hundreds of industrial and commercial end users.\n1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated April 5, 2013, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice), which also included two warnings pursuant to 49 C.F.R. § 190.205. In accordance with\n49 C.F.R. § 190.207, the Notice proposed finding that CGT had violated 49 C.F.R. § 192.705(b)\nand proposed assessing a civil penalty of $29,000 for the alleged violation. The warning items\nrequired no further action, but warned the operator to correct the probable violation.\nCGT responded to the Notice by letter dated May 22, 2013, (Response). The company did not\ncontest the allegations of violation.\n1 See http://www.columbiapipelinegroup.com/en/about-us/our-companies.aspx#columbiagastransmission, last\nvisited on September 23, 2013.\n\n\n\n2\nFINDING OF VIOLATION\nIn its Response, CGT, did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b), which states in\nrelevant part:\n§ 192.705(b) Transmission lines: Patrolling.\n(a) …\n(b) The frequency of patrols is determined by the size of the line, the\noperating pressures, the class location, terrain, weather, and other relevant\nfactors, but intervals between patrols may not be longer than prescribed in\nthe following table:\nMaximum interval between patrols\nClass Location of\nline\nAt highway and railroad crossings At all other places\n1,2………………… 7 ½ months; but at least twice each\ncalendar year.\n15 months; but at least\nonce each calendar\nyear.\n3…………………... 4 ½ months; but at least four times each\ncalendar year.\n7 ½ months; but at\nleast twice each\ncalendar year.\n4…………………,, 4 ½ months; but at least four times each\ncalendar year.\n4 ½ months; but at\nleast four times each\ncalendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.705(b) by failing to timely patrol\ncertain areas along its “HB” pipeline. Specifically, the Notice alleged that in 2009, CGT failed\nto patrol sixteen (16) specified segments of its pipeline in Class 1 or 2 locations, at highway and\nrailroad crossings, within 7 ½ months but at least twice each calendar year. CGT’s records\nindicate that its patrol of the sixteen (16) pipeline segments was conducted on\nNovember 9, 2009, making it 15 days late. Respondent did not contest this allegation of\nviolation. Accordingly, based upon a review of all of the evidence, I find that Respondent\nviolated 49 C.F.R. § 192.705(b) by failing to patrol sixteen segments of its pipeline located in\nClass 1 or Class 2 locations within the 7 ½-month time limit.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\n3\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s\nability to pay the penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline safety\nregulations. In addition, I may consider the economic benefit gained from the violation without\nany reduction because of subsequent damages, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $29,000 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $29,000 for Respondent’s violation of 49 C.F.R.\n§ 192.705(b), for failing to patrol sixteen (16) segments of its pipeline in a Class 1 or 2 area\nwithin 7 ½ months. CGT neither contested the allegation nor presented any evidence or\nargument justifying a reduction in the proposed penalty. With respect to the nature,\ncircumstances, and gravity of this violation, monitoring the conditions along the route of a gas\npipeline is a key part of pipeline safety and the failure to do so within the prescribed interval\nwarrants the issuance of a penalty. CGT provided no basis for its failure to comply with its\ninspection requirements. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $29,000 for violation of 49 C.F.R. § 192.705.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. § 89.21(b)(3)) require such payment to 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-341), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P.O. Box 269039, Oklahoma City, Oklahoma 73125. The\nFinancial Operations Division telephone number is (405) 954-8893.\nFailure to pay the $29,000 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 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 district\ncourt of the United States.\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 192 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n\n\n\n4\n49 C.F.R. § 192.751 (Item 2) ─ Respondent’s alleged failure to properly plug\ntwo (2) switch box enclosures, where gas could collect and serve as a possible\nsource of ignition; and\n49 C.F.R. § 192.605 (Item 3) ─ Respondent’s alleged failure to properly provide\nidentification tags on Pipeline P at the Wilson gas delivery point in violation of its\nO&M Procedure 200.01.02, Section 3.4.\nCGT presented information in its Response showing that it had taken certain actions to address\nthe cited items. If OPS finds a violation of any of these items in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11436}