{"operation":"document","citation":"CPF 120141009","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":"2014-10-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.491, 192.605, 192.709, 192.745.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120141009","body":"Notice of Probable Violation involving TRANSCONTINENTAL GAS PIPE LINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.491,  192.605,  192.709,  192.745. The case was opened on 2014-10-02 and is reported as closed as of 2015-12-29. Proposed civil penalty: $56,800. Assessed civil penalty: $56,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120141009_Final Order_12292015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141009/120141009_Final%20Order_12292015.pdf\n\n120141009_Final Order_12292015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141009/120141009_Final%20Order_12292015_text.pdf\n\n120141009_NOPV_PCP_10022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141009/120141009_NOPV_PCP_10022014.pdf\n\n120141009_NOPV_PCP_10022014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141009/120141009_NOPV_PCP_10022014_text.pdf\n\n120141009_Operator Response to Notice_11042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141009/120141009_Operator%20Response%20to%20Notice_11042014.pdf\n\n120141009_Final Order_12292015_text.pdf\n\nDecember 29, 2015\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. 1-2014-1009\nDear Mr. Armstrong:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $56,800. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated October 29, 2014. This enforcement action is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or 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 Coy, Director, Eastern Region, OPS\nMr. Joe R. Neave, Vice President, Safety and Regulatory Compliance,\nGas Pipe Line Company\nMs. Marie G. Sotak, Manager, Pipeline Safety Gas and Liquids, Williams\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. 1-2014-1009\nCompany, )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom June 2, 2013 through October 24, 2013, pursuant to 49 U.S.C. § 60117, representatives of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), and the New York Public Service Commission, conducted an on-site pipeline safety\ninspection of the facilities and records of Transcontinental Gas Pipe Line Company, LLC\n(Transco or Respondent), a subsidiary of The Williams Companies, Inc., related to Transco’s\nLinden Unit 15121 and New York Unit 65651. Transco’s system has approximately 10,200\nmiles of pipeline extending from South Texas to New York City, and is a major provider of\nnatural gas to the Eastern United States.\n1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated October 2, 2014, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In accordance with\n49 C.F.R. § 190.207, the Notice proposed finding that Transco had violated 49 C.F.R. § 192.745\nand proposed assessing a civil penalty of $56,800 for the alleged violation. The warning items\nrequired no further action, but warned the operator to correct the probable violation.\nTransco responded to the Notice by letter dated November 4, 2014 (Response). The company\ndid not contest the allegation of violation and paid the proposed civil penalty of $56,800, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\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:\n1 See http://co.williams.com/gulf_coast/transco/ (last accessed December 18, 2015).\n\n\n\nCPF No. 1-2014-1009\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.745, which states:\n§ 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any\nemergency must be inspected and partially operated at intervals not\nexceeding 15 months, but at least once each calendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.745 by failing to inspect and\npartially operate each transmission line valve that might be required during any emergency at\nintervals not exceeding 15 months, but at least once each calendar year. Specifically, the Notice\nalleged that Transco failed to partially operate five valves in the Linden Unit during calendar\nyears 2011 and 2012 and four valves in the New York Area unit during calendar year 2012.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.745 by failing to inspect and\npartially operate each transmission line valve that might be required during any emergency at\nintervals not exceeding 15 months, but at least once each calendar year.\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 total\ncivil penalty of $56,800 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $56,800 for Respondent’s violation of 49 C.F.R.\n§ 192.745, for failing to inspect and partially operate each transmission line valve that might be\nrequired during any emergency at intervals not exceeding 15 months, but at least once each\ncalendar year. Transco neither contested the allegation nor presented any evidence or argument\njustifying a reduction in the proposed penalty. Inspection and partial operation of valves that\nmight be required during an emergency are necessary to ensure that they will be able to mitigate\nthe effects of a gas release. Transco is fully culpable for the failure to complete these\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\nCPF No. 1-2014-1009\nPage 3\ninspections. Accordingly, having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $56,800 for violation of 49 C.F.R. § 192.745.\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $56,800. Transco paid the full\npenalty amount by wire transfer on October 29, 2014.\nWARNING ITEMS\nWith respect to Items 2, 3, and 4, 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:\n49 C.F.R. § 192.491 (Item 2) ─ Respondent’s alleged failure to maintain a record\nof each inspection required by Subpart I of Part 192 in sufficient detail to\ndemonstrate the accuracy of corrosion control measures or that a corrosive\ncondition does not exist; and\n49 C.F.R. § 192.605 (Item 3) ─ Respondent’s alleged failure to follow its manual\nof written procedures for conducting operations and maintenance activities; and\n49 C.F.R. § 192.709 (Item 4) ─ Respondent’s alleged failure to maintain records\nof leakage surveys required by Subpart M of Part 192.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject 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":9237}