# COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

120131003_Closure Letter_12032013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Closure%20Letter_12032013.pdf

120131003_Closure Letter_12032013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Closure%20Letter_12032013_text.pdf

120131003_Final Order_11142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Final%20Order_11142013.pdf

120131003_Final Order_11142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Final%20Order_11142013_text.pdf

120131003_NOPV_PCP_04052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_NOPV_PCP_04052013_text.pdf

120131003_Operator Response_05222013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131003/120131003_Operator%20Response_05222013.pdf

120131003_Closure Letter_12032013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
OVERNIGHT EXPRESS MAIL
December 3, 2013
Shawn L. Patterson
President, Engineering & Project Development
Columbia Gas Transmission Corporation
1700 MacCorkle Avenue SE
Charleston, WV 25314
CPF 1-2013-1003
Dear Mr. Patterson:
On November 14, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Columbia Gas Transmission Corporation, a Final Order for case 1-2013-1003. This
Order included a Civil Penalty assessment. Based on our review of the documentation you
provided, and confirmation of payment of the civil penalty, it has been determined that you have
complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: WV PSC: David Hippchen

120131003_Final Order_11142013_text.pdf

NOVEMBER 14, 2013
Mr. Shawn L. Patterson
President
Columbia Gas Transmission Corporation
1700 MacCorkle Avenue, SE
Charleston, WV 25314
Re: CPF No. 1-2013-1003
Dear Mr. Patterson:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $29,000. The penalty payment terms are set forth in the
Final Order. This enforcement action closes automatically upon receipt of payment. Service of
the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise
provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Byron Coy, PE, Eastern Region Director, OPS
Perry M. Hoffman, Manager – System Integrity, NiSource Gas Transmission & Storage
1700 MacCorkle Avenue, SE, Charleston, WV 25314
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________________
In the Matter of )
Columbia Gas Transmission Corporation, ) CPF No. 1-2013-1003
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
Between October 19, 2010 and June 3, 2011, representatives from the West Virginia Public
Service Commission, acting as agents for the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to chapter 601 of 49 United
States Code, conducted an on-site pipeline safety inspection of the facilities and records of
Columbia Gas Transmission Corporation (CGT or Respondent), located in Charleston, West
Virginia.
CGT transports an average of 3 billion cubic feet of natural gas per day through a nearly 12,000-
mile pipeline network and 92 compressor stations in 10 states, serving hundreds of communities.
Its customers include local gas distribution companies, energy marketers, electric power
generating facilities and hundreds of industrial and commercial end users.
1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated April 5, 2013, a Notice of Probable Violation and Proposed Civil Penalty
(Notice), which also included two warnings pursuant to 49 C.F.R. § 190.205. In accordance with
49 C.F.R. § 190.207, the Notice proposed finding that CGT had violated 49 C.F.R. § 192.705(b)
and proposed assessing a civil penalty of $29,000 for the alleged violation. The warning items
required no further action, but warned the operator to correct the probable violation.
CGT responded to the Notice by letter dated May 22, 2013, (Response). The company did not
contest the allegations of violation.
1 See http://www.columbiapipelinegroup.com/en/about-us/our-companies.aspx#columbiagastransmission, last
visited on September 23, 2013.



2
FINDING OF VIOLATION
In its Response, CGT, did not contest the allegations in the Notice that it violated 49 C.F.R. Part
192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b), which states in
relevant part:
§ 192.705(b) Transmission lines: Patrolling.
(a) …
(b) The frequency of patrols is determined by the size of the line, the
operating pressures, the class location, terrain, weather, and other relevant
factors, but intervals between patrols may not be longer than prescribed in
the following table:
Maximum interval between patrols
Class Location of
line
At highway and railroad crossings At all other places
1,2………………… 7 ½ months; but at least twice each
calendar year.
15 months; but at least
once each calendar
year.
3…………………... 4 ½ months; but at least four times each
calendar year.
7 ½ months; but at
least twice each
calendar year.
4…………………,, 4 ½ months; but at least four times each
calendar year.
4 ½ months; but at
least four times each
calendar year.
The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b) by failing to timely patrol
certain areas along its “HB” pipeline. Specifically, the Notice alleged that in 2009, CGT failed
to patrol sixteen (16) specified segments of its pipeline in Class 1 or 2 locations, at highway and
railroad crossings, within 7 ½ months but at least twice each calendar year. CGT’s records
indicate that its patrol of the sixteen (16) pipeline segments was conducted on
November 9, 2009, making it 15 days late. Respondent did not contest this allegation of
violation. Accordingly, based upon a review of all of the evidence, I find that Respondent
violated 49 C.F.R. § 192.705(b) by failing to patrol sixteen segments of its pipeline located in
Class 1 or Class 2 locations within the 7 ½-month time limit.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



3
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any
related series of violations. In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s
ability to pay the penalty and any effect that the penalty may have on its ability to continue doing
business; and the good faith of Respondent in attempting to comply with the pipeline safety
regulations. In addition, I may consider the economic benefit gained from the violation without
any reduction because of subsequent damages, and such other matters as justice may require.
The Notice proposed a total civil penalty of $29,000 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $29,000 for Respondent’s violation of 49 C.F.R.
§ 192.705(b), for failing to patrol sixteen (16) segments of its pipeline in a Class 1 or 2 area
within 7 ½ months. CGT neither contested the allegation nor presented any evidence or
argument justifying a reduction in the proposed penalty. With respect to the nature,
circumstances, and gravity of this violation, monitoring the conditions along the route of a gas
pipeline is a key part of pipeline safety and the failure to do so within the prescribed interval
warrants the issuance of a penalty. CGT provided no basis for its failure to comply with its
inspection requirements. Accordingly, having reviewed the record and considered the assessment
criteria, I assess Respondent a civil penalty of $29,000 for violation of 49 C.F.R. § 192.705.
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMZ-341), Federal Aviation Administration, Mike
Monroney Aeronautical Center, P.O. Box 269039, Oklahoma City, Oklahoma 73125. The
Financial Operations Division telephone number is (405) 954-8893.
Failure to pay the $29,000 civil penalty will result in accrual of interest at the current annual rate
in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
WARNING ITEMS
With respect to Items 2 and 3, the Notice alleged probable violations of Part 192 but did not
propose a civil penalty or compliance order for these items. Therefore, these are considered to
be warning items. The warnings were for:



4
49 C.F.R. § 192.751 (Item 2) ─ Respondent’s alleged failure to properly plug
two (2) switch box enclosures, where gas could collect and serve as a possible
source of ignition; and
49 C.F.R. § 192.605 (Item 3) ─ Respondent’s alleged failure to properly provide
identification tags on Pipeline P at the Wilson gas delivery point in violation of its
O&M Procedure 200.01.02, Section 3.4.
CGT presented information in its Response showing that it had taken certain actions to address
the cited items. If OPS finds a violation of any of these items in a subsequent inspection,
Respondent may be subject to future enforcement action.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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