# COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120131037
- **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:** 2013-12-23
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.603.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120131037.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120131037.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120131037
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120131037
**body:**

Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.603. The case was opened on 2013-12-23 and is reported as closed as of 2014-12-17. Proposed civil penalty: $24,400. Assessed civil penalty: $24,400. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120131037_Closure Letter_12172014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_Closure%20Letter_12172014.pdf

120131037_Closure Letter_12172014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_Closure%20Letter_12172014_text.pdf

120131037_Final Order_09102014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_Final%20Order_09102014.pdf

120131037_Final Order_09102014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_Final%20Order_09102014_text.pdf

120131037_NOPV PCP PCO_12232013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_NOPV%20PCP%20PCO_12232013.pdf

120131037_NOPV PCP PCO_12232013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_NOPV%20PCP%20PCO_12232013_text.pdf

120131037_Operator Response to Notice_02112014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131037/120131037_Operator%20Response%20to%20Notice_02112014.pdf

120131037_Final Order_09102014_text.pdf

SEPTEMBER 10, 2014
Mr. Shawn L. Patterson
President
Columbia Gas Transmission Corporation
1700 MacCorkle Avenue, SE
Charleston, WV 25314
Re: CPF No. 1-2013-1037
Dear Mr. Patterson:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation, assesses a civil penalty of $24,400, and specifies actions that need to be taken by
Columbia Gas Transmission Corporation to comply with the pipeline safety regulations. The
penalty payment terms are set forth in the Final Order. When the civil penalty has been paid and
the terms of the compliance order 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, PE, Director, Eastern Region, OPS
Mr. Perry Michael Hoffman, Manager – System Integrity, Columbia Gas Transmission
Corporation
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. 1-2013-1037
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
Between July 23-31, 2012, pursuant to 49 U.S.C. § 60117, inspectors from the New York State
Department of Public Service (NYSDPS), 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) Millennium Pipeline facilities in
Kirkwood, NY. CGT, a subsidiary of Columbia Pipeline Group, operates approximately 12,000
miles of pipeline, transporting an average of 3 billion cubic feet of natural gas per day through 10
1
states.
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated December 23, 2013, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice), which also included a warning pursuant to 49 C.F.R.
§ 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that CGT had
committed various violations of 49 C.F.R. Part 192 and proposed assessing a civil penalty of
$24,400 for the alleged violations. The Notice also proposed ordering Respondent to take certain
measures to correct the alleged violations. The warning items required no further action, but
warned the operator to correct the probable violation.
CGT responded to the Notice by letter dated February 11, 2014 (Response). The company did
not contest the allegations of violation but provided information concerning the corrective
actions it had taken and submitted copies of its revised procedures. Respondent did not request a
hearing and therefore has waived its right to one.
1 See http://www.columbiapipelinegroup.com/en/about-us/our-companies.aspx#columbiagastransmission, last
visited on August 7, 2014.



2
FINDING OF VIOLATION
In its Response and, CGT did not contest the allegation 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. § 192.603, which states in
relevant part:
§ 192.603 General Provisions.
(a) . . . .
(b) Each operator shall keep records necessary to administer the procedures
established under § 192.605.
The Notice alleged that Respondent violated 49 C.F.R. § 192.603 by failing to keep records
necessary to administer the procedures established under § 192.605. Specifically, the Notice
alleged that CGT failed to adequately document what caused a compressor station emergency
shutdown (ESD) in its Abnormal Operations Report as required by its procedures. 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. § 192.603 by failing to keep records
necessary to administer the procedures established under § 192.605.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.2 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; 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 $24,400 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $24,400 for Respondent’s violation of 49 C.F.R.
§ 192.603, for failing to keep document adequate records necessary to administer the procedures
under § 192.605. CGT neither contested the allegation nor presented any evidence or argument
2 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.
1904, January 3, 2012, increased the civil penalty liability for violating a pipeline safety standard to $200,000 per
violation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.



3
justifying a reduction in the proposed penalty. Respondent failed to comply with its own
procedures for documenting abnormal operations. Operators must properly follow procedures
regarding abnormal operations in order to respond to, investigate, and correct the cause of an
unintended shutdown, which could result in a hazard. Accordingly, having reviewed the record
and considered the assessment criteria, I assess Respondent a civil penalty of $24,400 for
violation of 49 C.F.R. § 192.603.
In summary, having reviewed the record and considered the assessment criteria for each of the
Items cited above, I assess Respondent a total civil penalty of $24,400.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of
49 C.F.R. § 60118. 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.
§ 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 § 192.603 (Item 1), Respondent must perform an
analysis to determine the cause of the ESD activation and submit the analysis to the
Director within 90 days after receipt of this Final Order.
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.
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. § 192.603 (Item 2) ─ Respondent’s alleged failure to keep records
necessary to administer the procedures established under § 192.605, specifically
the records of the capacity review of each and every overpressure protection
device required by § 192.743(a); and
49 C.F.R. § 192.603 (Item 3) ─ Respondent’s alleged failure to keep records
necessary to administer the procedures established under § 192.605, specifically



4
the records documenting a 2011 field population density survey that was required
by its procedures.
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.
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(s) and meet all other
requirements of 49 C.F.R. § 190.215. The filing of a petition automatically stays the payment of
any civil penalty assessed. Unless the Associate Administrator, upon request, grants a stay, all
other 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

120131037_Closure Letter_12172014_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
EXPRESS OVERNIGHT DELIVERY
December 17, 2014
Mr. Shawn L. Patterson
President
Columbia Gas Transmission Corporation
1700 MacCorkle Avenue, SE
Charleston, WV 25314
CPF 1-2013-1037
Dear Mr. Patterson:
On September 10, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to the Columbia Gas Transmission Corporation a Final Order in the above-referenced
case. This Order included a Compliance Order and 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: Mr. Kevin Speicher, NYSDPS

120131037_NOPV PCP PCO_12232013_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
NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
EXPRESS MAIL OVERNIGHT
December 23, 2013
Shawn L. Patterson
President Engineering & Project Development
Columbia Gas Transmission Corp.
1700 MacCorkle Avenue, SE
Charleston, WV 25314
CPF 1-2013-1037
Dear Mr. Patterson:
Between July 23-31, 2012 inspectors from the New York State Department of Public Service (NYSDPS),
acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to
Chapter 601 of 49 United States Code inspected the Columbia Gas Transmission Corporation (CGT)
Millennium Pipeline facilities in Kirkwood, NY.
As a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety
Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:
1. §192.603 General Provisions.
(b) Each operator shall keep records necessary to administer the procedures established
under §192.605.
CGT failed to keep adequate records necessary to administer the procedures established under
§192.605(c) Abnormal operation. Specifically, the CGT Abnormal Operations Report (AOR) for Work
Order Number (WO) B2293112 dated 6/13/2011 did not adequately document what caused the
compressor station emergency shutdown (ESD).
CGT Procedure 220.005.003 Version 6, effective 02232011, Paragraph 2.1.1 states...”Record a
description to explain the Abnormal Operation (Required)”. The description recorded on WO B2293112
to explain the abnormal operation states “Station ESD between 10 AM 6/12/11 and 8 AM 6/13/11”. The
description provided by CGT does not indicate what caused the emergency shutdown. Therefore CGT
failed to keep records necessary to administer the procedures established under §192.605.
NYSDPS commented on the inadequate AOR and requested and received a copy of the AOR during the
July 2012 inspection.



1-2013-1037
2. §192.603 General Provisions.
(b) Each operator shall keep records necessary to administer the procedures established
under §192.605.
CGT failed to produce to produce records to show that a capacity review required by §192.743(a) of each
and every overpressure protection device had been done in 2011.
CGT representatives stated during the inspection of the Corning Compressor Station that the capacity
review is part of an undocumented consideration, and is only documented upon input from the local
engineer that there were known changes to the pipeline.
As of 12/17/2012 there had been no records provided by CGT to NYSDPS as requested for overpressure
protection device capacity review documentation for 2011.
3. §192.603 General Provisions.
(b) Each operator shall keep records necessary to administer the procedures established
under §192.605.
CGT failed to keep adequate records necessary to administer the procedures established under
§192.605. Specifically, CGT Plan No._220.02.03_Sec 3.2.1 and 3.3.1 Effective 12/31/2011 states…
“Field population density surveys shall be conducted annually on all pipelines to identify any changes in
class location and HCAs. Ongoing surveys will also be conducted throughout the year by Operations,
who will identify and document new structures using GPS coordinates and other data with Plan
200.02.01”.
CGT could not produce records to substantiate that they conducted a field population density study in
2011. Therefore, CGT failed to keep records necessary to administer the procedures established under
§192.605.
Proposed Civil Penalty
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per
violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.
For violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per
violation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.
The Compliance Officer has reviewed the circumstances and supporting documentation involved in the
above probable violations and has recommended that you be preliminarily assessed a civil penalty of
$24,400 as follows:
Item number PENALTY
1 $24,400
Warning Items
With respect to items 2 and 3, we have reviewed the circumstances and supporting documents involved in
this case and have decided not to conduct additional enforcement action or penalty assessment
proceedings at this time. We advise you to promptly correct this item. Failure to do so may result in
additional enforcement action.
Proposed Compliance Order
With respect to item 1 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials
Safety Administration proposes to issue a Compliance Order to Columbia Gas Transmission Corporation.
Please refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.
120131037_NOPV_PCP_PCO_12232013 Page 2 of 4



1-2013-1037
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. All material you
submit in response to this enforcement action may be made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with
the complete original document you must provide a second copy of the document with the portions you
believe qualify for confidential treatment redacted and an explanation of why you believe the redacted
information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30
days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this
Notice without further notice to you and to issue a Final Order.
Please submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820
Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2013-1037 on each
document you submit, and please whenever possible provide a signed PDF copy in electronic format.
Smaller files may be emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied
by the original paper copy to the Eastern Region Office.
Additionally, if you choose to respond to this (or any other case), please ensure that any response
letter pertains solely to one CPF case number.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: Kevin Speicher, NYSDPS
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedings
120131037_NOPV_PCP_PCO_12232013 Page 3 of 4



1-2013-1037
PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration
(PHMSA) proposes to issue to Columbia Gas Transmission Corporation (CGT) a Compliance Order
incorporating the following remedial requirements to ensure the compliance of CGT with the pipeline
safety regulations:
1. 2. 3. In regard to Item Number 1 of the Notice pertaining to CGT failure to keep adequate
records by not identifying what was the cause of the ESD activation, CGT is to perform
an analysis to determine the cause of the ESD activation.
CGT shall have 90 days from the receipt of a Final Order to complete the requirements
for Item Number 1 of the Notice and forward the completed analysis to Byron Coy, PE,
Director, Eastern Region, Pipeline and Hazardous Materials Safety Administration.
It is requested (not mandated) that CGT maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the total
to Byron Coy, PE, Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration. It is requested that these costs be reported in two categories: 1) total cost
associated with preparation/revision of plans, procedures, studies and analyses, and 2)
total cost associated with replacements, additions and other changes to pipeline
infrastructure.
120131037_NOPV_PCP_PCO_12232013 Page 4 of 4
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