# EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120131007
- **title:** EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-04-15
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.616(a), 192.616(c).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120131007.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120131007.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120131007
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120131007
**body:**

Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulations as 192.616(a),  192.616(c). The case was opened on 2013-04-15 and is reported as closed as of 2014-05-08. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120131007_Closure Letter_05082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_Closure%20Letter_05082014.pdf

120131007_Closure Letter_05082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_Closure%20Letter_05082014_text.pdf

120131007_Final Order_04042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_Final%20Order_04042014.pdf

120131007_Final Order_04042014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_Final%20Order_04042014_text.pdf

120131007_NOPV PCO_04152013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_NOPV%20PCO_04152013.pdf

120131007_NOPV PCO_04152013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_NOPV%20PCO_04152013_text.pdf

120131007_Operator Response _05142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131007/120131007_Operator%20Response%20_05142013.pdf

120131007_Final Order_04042014_text.pdf

APRIL 4, 2014
Mr. Jeffrey L. Barger
Vice President / Pipeline Operations
Dominion Transmission, Inc.
445 West Main Street
Clarksburg, WV 26302-2450
Re: CPF No. 1-2013-1007
Dear Mr. Barger:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by Dominion Transmission, Inc., to comply
with the pipeline safety regulations. When the terms of the compliance order have been
completed, as determined by the Director, Eastern Region, this enforcement action will be
closed. 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: Mr. Byron Coy, Director, Eastern Region, OPS
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 )
)
Dominion Transmission, Inc. ) CPF No. 1-2013-1007
)
Respondent. )
____________________________________)
FINAL ORDER
From November 30, to December 2, 2010, pursuant to 49 U.S.C. § 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the records of Dominion Transmission,
Inc. (Dominion or Respondent) in Clarksburg, West Virginia. Dominion is an interstate gas
transmission company that produces and supplies NGL’s. Dominion maintains over 7,800 miles
of pipeline in six states.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated April 15, 2013, a Notice of Probable Violation and Proposed Compliance Order
(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 Dominion had violated 49 C.F.R.
§ 192.616(c) and proposed ordering Respondent to take certain measures to correct the alleged
violation. The warning items require no further action, but warn the operator to correct the
probable violation or face possible enforcement action.
Dominion responded to the Notice by letter dated May 14, 2013 (Response). The company
contested the allegation, offered additional information in response to the Notice, and requested
that the proposed compliance order be eliminated. Respondent did not request a hearing and
therefore has waived its right to one.
FINDING OF VIOLATION
The Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.616(c), which states:
1 See www.dom.com/business/gas-transmission/index.jtp., last viewed March 3, 2014.



2
§ 192.616 Public awareness.
(a) …
(c) The operator must follow the general program recommendations,
including baseline and supplemental requirements of API RP 1162, unless
the operator provides justification in its program or procedural manual as
to why compliance with all or certain provisions of the recommended
practice is not practicable and not necessary for safety.
The Notice alleged that Respondent violated 49 C.F.R. § 192.616(c) by failing to follow the
general program recommendations, including baseline and supplemental requirements of
American Petroleum Institute (API) Recommended Practice (RP) 1162. Specifically, the Notice
alleged that Dominion failed to conduct an effectiveness evaluation within a four-year interval,
pursuant to Sections 8.4 and 8.5 of API RP 1162. Dominion initiated its baseline public
awareness program on June 15, 2006. Therefore, its effectiveness evaluation should have been
conducted on or before June 15, 2010.
In its Response, Dominion contested this allegation of violation. Respondent asserted that it
completed the effectiveness evaluation in a timely manner. In support of its position, Dominion
provided documentation showing completion of the Pipeline Public Awareness Plan
Effectiveness Surveys for 2006 and 2010, a copy of the July 2010 Pipeline Safety Awareness
Survey conducted by Market Strategies, International, and a December 9, 2010 e-mail that
Dominion claimed documents the review, recommendations and supplemental activities resulting
from its December 3, 2010 Communications Team meeting. 2
The very information Dominion provided in support of its position establishes its failure to
comply with the regulations. The 2010 effectiveness survey was not completed until
July 29, 2010.3 Additionally, the December 9, 2010 e-mail stated that “[o]n December 3rd, the
Communications Team completed Dominion Transmissions annual Pipeline Public Awareness
Plan self-assessment.” (emphasis added).4 By its own submissions, Domionion’s evaluation of
its Public Awareness Plan was not completed by June 15, 2010. Therefore, I find that Dominion
violated 49 C.F.R. § 192.616(c) by failing to follow the general program recommendations,
including baseline and supplemental requirements of API RP 1162.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of
49 C.F.R. §192.616(c). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of gas or who owns or operates a pipeline facility is required to comply with the
applicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.
2 See Respondent’s Response to the Notice (Response) and its attached documents.
3 See Respondent’s 2010 PPAP Survey Completion attached to its Response.
4 See Respondent’s Email Notification attached to its Response.



3
§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to
ensure compliance with the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 192.616(c) (Item 1), if Respondent has
completed an evaluation in accordance with Section 8.4 of API RP 1162 since
June 15, 2010, it must:
a. Submit the evaluation and a report that details how it plans or has
implemented improvements to its public awareness program for approval
by the Director, within thirty (30) days of receipt of the Final Order.
b. Submit all related information and reports for this effort to Byron Coy, PE,
Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration, Suite 103, Bear Tavern Road, West Trenton, NJ 08628.
2. With respect to the violation of § 192.616(c) (Item 1), if Respondent has not
completed an evaluation in accordance with Section 8.4 of API RP 1162 that has
been approved by the Regional Director, it must:
a. Conduct an evaluation in accordance with Section 8.4 of API RP 1162 and
its applicable procedures within ninety (90) days of receipt of the Final
Order.
b. Submit a report that details how it plans to implement improvements to its
public awareness program on the results of the evaluation or justify why
improvements are not practicable and not necessary for safety within 120
days of receipt of the Final Order.
c. Submit all related information and reports for this effort to Byron Coy, PE,
Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration, Suite 103, Bear Tavern Road, West Trenton, NJ 08628
3. It is requested (not mandated) that Dominion maintain documentation of the
safety improvement costs associated with fulfilling this Compliance Order and
submit the total to Byron Coy, Director, Eastern Region, Pipeline and Hazardous
Materials Safety Administration, Suite 103, Bear Tavern Road, West Trenton, NJ
08628.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.



4
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:
49 C.F.R. § 192.616(a) (Item 2) ─ Respondent’s alleged failure to follow the
guidance in API RP 1162 Section 4.11 which states: “[w]here applicable and in
accordance with the national Homeland Security efforts, pipeline operators should
communicate an overview pertaining to security to their pipelines and related
facilities;” and
49 C.F.R. § 192.616(a) (Item 3) ─ Respondent’s alleged failure to follow the
guidance in API RP 1162 Section 4.1, requiring operators to provide assurances
that security is considered.
Dominion 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.
Under 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA
will accept petitions received no later than 20 days after receipt of service of this Final Order by
the Respondent, provided they contain a brief statement of the issue and meet all other
requirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a
stay, 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

120131007_Closure Letter_05082014_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
May 8, 2014
Brian Sheppard
Vice President, Pipeline Operations
Dominion Transmissions, Inc.
445 West Main Street
Clarksburg, WV 26301
CPF 1-2013-1007
Dear Mr. Sheppard:
On April 4, 2014 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to
Dominion Transmission, Inc. a Final Order in the above-referenced case. This Order included a
Compliance Order. Based on our review of the documentation you provided on May 1, 2014, 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 E. Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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