{"operation":"document","citation":"CPF 120141002","title":"TRANSCONTINENTAL GAS PIPE LINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-03-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.751(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120141002","body":"Notice of Probable Violation involving TRANSCONTINENTAL GAS PIPE LINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.751(b). The case was opened on 2014-03-06 and is reported as closed as of 2014-10-08. Proposed civil penalty: $167,000. Assessed civil penalty: $167,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120141002_Final Order_10082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141002/120141002_Final%20Order_10082014.pdf\n\n120141002_Final Order_10082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141002/120141002_Final%20Order_10082014_text.pdf\n\n120141002_NOPV_PCP_03062014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141002/120141002_NOPV_PCP_03062014.pdf\n\n120141002_NOPV_PCP_03062014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141002/120141002_NOPV_PCP_03062014_text.pdf\n\n120141002_Operator Response_04022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141002/120141002_Operator%20Response_04022014.pdf\n\n120141002_Final Order_10082014_text.pdf\n\nOCTOBER 8, 2014\nMr. Alan S. Armstrong\nPresident and Chief Executive Officer\nThe Williams Companies, Inc.\n2800 Post Oak Blvd, L-11\nHouston, TX 77056\nRe: CPF No. 1-2014-1002\nDear Mr. Armstrong:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $167,000. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated March 31, 2014. This enforcement action is now\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise 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 E. Coy, PE, Director, Eastern Region, OPS\nMr. Josiah R. Neave, VP Safety and Regulatory Compliance, Transcontinental Gas Pipe\nLine Company\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____________________________________\n)\nIn the Matter of )\n)\nTranscontinental Gas Pipe Line ) CPF No. 1-2014-1002\nCompany, )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn May 31, 2013, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated an\ninvestigation of an incident that occurred at the Neshanic Station 505 facility operated by\nTranscontinental Gas Pipe Line Company (Transco or Respondent). Transco’s system has\napproximately 10,200 miles of pipeline extending from South Texas to New York City, and is a\nmajor provider of natural gas to the Eastern United States.1\nThe investigation arose out of an incident that occurred on May 30, 2013 during maintenance\nwork to install a new valve and tee section of piping as part of the Northeast Supply Link\nModification Project.\nAs a result of the investigation, the Director, Eastern Region, OPS (Director), issued to\nRespondent, by letter dated March 6, 2014, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nTransco violated 49 C.F.R. § 192.751(b) and proposed assessing a civil penalty of $167,000 for\nthe alleged violation.\nTransco responded to the Notice by letter dated April 2, 2014 (Response). The company did not\ncontest the allegation of violation and paid the proposed civil penalty of $167,000 as provided in\n49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to\nRespondent.\n1 See Transco, Williams Co., http://co.williams.com/williams/operations/gas-pipeline/transco/ (last visited\nSeptember 17, 2014).\n\n\n\n2\nFINDING OF VIOLATION\nIn its Response, Transco did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.751(b), which states:\n§ 192.751 Prevention of accidental ignition.\nEach operator shall take steps to minimize the danger of accidental\nignition of gas in any structure or area where the presence of gas\nconstitutes a hazard of fire or explosion, including the following:\n(a) ….\n(b) Gas or electric welding or cutting may not be performed on pipe or\non pipe components that contain a combustible mixture of gas and air in\nthe area of work.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.751(b) by failing to take steps to\nminimize the danger of accidental ignition of gas in an area where the presence of gas during\nwelding pre-heat constituted a combustion hazard. Specifically, the Notice alleged that Transco\nfailed to adequately monitor the work area where a 30-inch diameter cap was being welded, and\ntherefore a combustible accumulation of gas was ignited by a propane torch. Respondent did not\ncontest this allegation of violation. Accordingly, based upon a review of all of the evidence, I\nfind that Respondent violated 49 C.F.R. § 192.751(b) by failing to take steps to minimize the\ndanger of accidental ignition of gas in an area where the presence of gas during welding pre-heat\nconstituted a combustion hazard.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.2 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; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a civil\npenalty of $167,000 for the violation cited above.\n2 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.\n1904, January 3, 2012, increased the civil penalty liability for violating a pipeline safety standard to $200,000 per\nviolation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.\n\n\n\n3\nItem 1: The Notice proposed a civil penalty of $167,000 for Respondent’s violation of\n49 C.F.R. § 192.751(b), for failing to take steps to minimize the danger of accidental ignition of\ngas in an area where the presence of gas during welding pre-heat constituted a combustion\nhazard. With respect to the nature, circumstances, and gravity, this was a serious violation and\ncaused a flash fire. Transco is culpable for the violation and has neither contested the allegation\nnor presented any evidence or argument justifying a reduction in the proposed penalty.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $167,000 for violation of 49 C.F.R. § 192.751(b), which amount\nhas already been paid by Respondent.\nThe terms and conditions of this Final Order [CPF No. 1-2014-1002] are effective upon service\nin accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7914}