# COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120141010
- **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:** 2014-10-06
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.605(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120141010.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120141010.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120141010
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120141010
**body:**

Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2014-10-06 and is reported as closed as of 2016-05-11. Proposed civil penalty: $40,300. Assessed civil penalty: $40,300. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120141010_Final Order_04272016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141010/120141010_Final%20Order_04272016.pdf

120141010_Final Order_04272016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141010/120141010_Final%20Order_04272016_text.pdf

120141010_NOPV PCP_10062014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141010/120141010_NOPV%20PCP_10062014.pdf

120141010_NOPV PCP_10062014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141010/120141010_NOPV%20PCP_10062014_text.pdf

120141010_Operator Response to Notice_11072014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141010/120141010_Operator%20Response%20to%20Notice_11072014.pdf

120141010_Final Order_04272016_text.pdf

April 27, 2016
Mr. Robert C. Skaggs, Jr.
Chairman of the Board and CEO
Columbia Pipeline Group, Inc.
5151 San Felipe, No. 2500
Houston, TX 77056
Re: CPF No. 1-2014-1010
Dear Mr. Skaggs:
Enclosed please find the Final Order issued in the above-referenced case to your subsidiary,
Columbia Gas Transmission, LLC. It makes a finding of violation and assesses a civil penalty of
$40,300. 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: Mr. Byron Coy, P.E., Director, Eastern Region, OPS
Mr. Perry M. Hoffman, Manager- System Integrity, Columbia Pipeline Group, Inc.,
1700 MacCorkle Avenue SE, Charleston, West Virginia 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, LLC, ) CPF No. 1-2014-1010
a subsidiary of Columbia Pipeline Group, Inc., )
Respondent. )
)
)
)
)
FINAL ORDER
On June 10, 2013, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and state inspectors
from the West Virginia Public Service Commission (WV PSC) inspected Columbia Gas
Transmission Corp.’s Clendenin, Glenville, and Smithfield compressor stations and Line 1740
records in Charleston, West Virginia.1 Columbia Gas Transmission, LLC (CGT or Respondent)
is a subsidiary of Columbia Pipeline Group, Inc., which owns and operates more than 15,000
miles of natural gas pipelines and one of the largest underground storage systems in North
America.2
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated October 6, 2014, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that CGT had
violated 49 C.F.R. § 192.605(a) and assessing a civil penalty of $40,300 for the alleged violation.
CGT responded to the Notice by letter dated November 7, 2014 (Response). It contested the
allegation and requested that the proposed civil penalty be withdrawn. 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. § 192.605(a), which states:
1 The Notice of Probable Violation in this case was issued to Columbia Gas Transmission Corp., now operating as
Columbia Gas Transmission, LLC, a subsidiary of Columbia Pipelines Group, Inc.
2 Columbia Pipelines Group, Inc. website, available at https://www.cpg.com/ (last accessed February 17, 2016).



CPF No. 1-2014-1010
2
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline,
a manual of written procedures for conducting operations and maintenance
activities and for emergency response. For transmission lines, the manual
must also include procedures for handling abnormal operations. This
manual must be reviewed and updated by the operator at intervals not
exceeding 15 months, but at least once each calendar year. This manual
must be prepared before operations of a pipeline system commence.
Appropriate parts of the manual must be kept at locations where operations
and maintenance activities are conducted.
The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow for each
pipeline a manual of written procedures for conducting operations and maintenance activities.
Specifically, the Notice alleged that CGT failed to follow its own procedure, Plan Number
110.01.10, Lockout Tagout, effective April 29, 2013 (Plan Number 110.01.10), when conducting
maintenance work on Compressor Unit 3,3 located in Compressor Building 3 at the Clendenin
Compressor Station. Respondent’s procedure required the operator to eliminate or minimize
hazards by locking out/tagging out (LOTO) energy sources during maintenance work.
During the inspection, the WV PSC inspector observed that Compressor Unit 3 was partially
disassembled for maintenance repairs. The inspector asked CGT to identify the locations of the
energy sources that CGT had locked out on June 3, 2013, the date that company records
indicated CGT had completed the LOTO for Unit 3. The Notice alleged that CGT personnel
could not demonstrate that they had locked out either the electrical or compressed-air energy
sources. According to the Notice, the breaker for Compressor Unit 3 was in the “on” position
and a photograph for the electrical switch for the compressor showed that the switch was tagged
but not locked. The Notice further alleged that CGT personnel had acknowledged the electrical
panel was not locked out, that the compressed-air line connected to the compressor did not have
any shutoff valve, and that the compressed-air system was still in service.
In its Response, CGT disputed that a violation had occurred. The company contended that
isolation of the electrical and compressed-air energy sources was not “germane to the isolation of
Unit 3 for the work being conducted,” namely, removal and replacement of the exhaust
manifold.
4 According to CGT:
Unit 3 engine can be switched on and off by a control panel located
next to the unit. The control panel is provided with 24 volt electrical
service and compressed air. As noted above, Unit 3 is a natural gas
powered compressor unit. There is no outside electrical service
provided to the Unit 3 engine itself. The 24 volt electrical service only
services the control panel and not the engine. As the engine was
3 Unit 3 is a 3,000 horsepower Cooper-Bessemer LSV-12 natural gas-powered four-cycle engine installed in 1967.
Response, at 2.
4 Id. at 3.



CPF No. 1-2014-1010
3
already disabled through engagement of the turning gear and as
electrical service was only provided to the control panel, and not the
engine itself, isolation of the electrical service to the engine panel was
not relevant to work on the exhaust manifold of the engine….[T]he
compressed air is used in the control panel and to start the engine.
However, there was no exposure to any compressed air energy sources
from the engine associated with the removal and replacement of the
exhaust manifold.
… [The] Unit 3 exhaust system was isolated from all relevant energy
sources during the removal and replacement of the exhaust manifold in
June 2013 and no hazard to Columbia Gas employees or the public
existed as a result of that work.
5
In sum, CGT stated that it had isolated all energy sources relevant to the work being conducted
on Unit 3. CGT further contended that it had also engaged a worm gear to ensure that the
compressor engine was completely disabled during the maintenance work.
Upon review of all the evidence, I find that CGT failed to follow its own LOTO procedures set
forth in Plan Number 110.01.10 when it performed maintenance work on Unit 3. The
company’s Procedure 3.2, Primary Work Categories that will Require Lockout/Tagout,
prominently provides “an outline of typical situations that subject employees to hazards that can
be eliminated or minimized by the locking/tagging out of energy sources.” The procedure
explains that the list, which included “equipment installation, maintenance, lubrication and
repair,” was “not intended to be an all inclusive listing of work situations requiring locking and
tagging” but merely an outline. It is clear that the maintenance work being performed on
Compressor Unit 3 constituted a maintenance or repair that required LOTO.
In the subsequent section of the plan, Procedure 3.3 Lockout vs. Tagout (Procedure 3.3), a
distinction is made between situations where both lockout and tagout are needed and those where
tagging only is permitted:
Locks and tags will be used in all cases where equipment is capable of
being locked out. If a device is incapable of being locked out, a "tagout
only" procedure will be employed. Tagout procedural methods must
provide a level of safety equivalent to that obtained by using a lockout
procedure.
Procedure 3.3 provides additional instructions on how to effectively provide safety where only
tagging is feasible:
When using the “tagout only” method for isolating energy sources, the
authorized employee will adhere to the following guidelines:
5 Id.



CPF No. 1-2014-1010
4
• Additional elements must be considered as are necessary to provide
the equivalent safety available from the use of a lockout device.
Additional means include the implementation of additional safety
measures such as the removal of an isolating circuit element, blocking
of a controlling switch, opening of an extra disconnecting device, or the
removal of a valve handle to reduce the likelihood of inadvertent
energization.6
The record shows that CGT employees recognized the need for LOTO on this job and completed
a specific LOTO checklist (Checklist), indicating how energy isolation was going to be achieved.
The checklist required that CGT employees list all “SOURCES AND MAGNITUDE OF
ENERGY FOR THIS EQUIPMENT” (caps in original). The completed form shows three
energy sources that required isolation as part of this maintenance job: electrical, compressed air,
and gas. The form also required that as each isolating step was completed, the employee would
check off that particular task on the form. The completed checklist reflects that in performing
this job, the employees supposedly had performed each LOTO task, including “isolat[ing]
equipment from ALL energy sources relevant to the scope of work” and “lock[ing] and tag[ing]
the energy-isolating devices.7
During the WV PSC inspection, however, CGT personnel could not demonstrate that they had
locked out the electrical or compressed air energy sources.8 In fact, CGT personnel
acknowledged that the electrical panel had not been locked out and that the compressed air
system was still in service.9 There was also photographic evidence showing that energy sources
were not isolated during the maintenance work on Unit 3.10
CGT stated in its Response that the isolation of electrical and compressed air energy sources was
not relevant to the scope of work being performed on Unit 3. This argument, however, is
inconsistent with CGT’s own checklist for the job, which clearly indicated that gas, compressed
air, and electrical energy were all sources of energy for Unit 3 requiring isolation.11 CGT also
failed to address in its Response what method, if any, was used to isolate the compressed-air
sources that were used to start the compressor engine, including if and how those energy sources
were vented to comply with CGT procedures.12
6 Pipeline Safety Violation Report (Violation Report), (October 6, 2014) (on file with PHMSA), Exhibit A-02, at 4.
7 Id. at Exhibit A-03.
8 Id. at 6.
9 Id.
10 See id. at 6, stating that “[p]hotographs of the breaker for Compressor Unit 3 show the breaker in the ‘on’
position and a photograph for the electrical switch for the compressor shows that the switch was tagged but not
locked; see also Violation Report, Exhibit A-01.
11 Id., Exhibit A-03.
12 Id. at Exhibit A-02, at 6.



CPF No. 1-2014-1010
5
As for the turning gear, CGT argued that the gear had been engaged to render the unit inoperable
and was also tagged.
13 However, it is still evident that CGT personnel failed to note that the gear
had been engaged as part of the LOTO, as required by its own procedures.14 Although a turning
gear could potentially qualify as an energy-isolating device under CGT’s procedures, (1) the
Checklist did not mention it as part of the steps being taken for LOTO on this specific job; (2)
the Checklist did not explain how the gear was protected from being activated or removed during
maintenance; and (3) the tag did not appear to be physically placed on the gear in such a manner
that other employees would know that it had been installed as part of LOTO.
Accordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.
§ 192.605(a) by failing to follow for each pipeline, a manual of written procedures for
conducting operations and maintenance activities. 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. 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 $40,300 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $40,300 for Respondent’s violation of 49 C.F.R.
§ 192.605(a), for failing to follow for each pipeline a manual of written procedures for
conducting operations and maintenance activities. As discussed above, I found that CGT failed
to follow its own LOTO procedure for isolating energy sources during repairs. By failing to take
appropriate action to comply with a requirement in its own procedures that was clearly
applicable, CGT potentially compromised the safety of the Compressor Unit 3 maintenance
work. Respondent has not presented any evidence that would warrant reduction or elimination
of the proposed penalty. Accordingly, having reviewed the record and considered the
assessment criteria, I assess Respondent a civil penalty of $40,300 for violation of 49 C.F.R.
§ 192.605(a).
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
13 See Response, at 3 (“The turning gear is a worm gear integral to the [compressor] unit which, once engaged,
locks the engine drive shaft making it physically impossible for the unit to operate.”).
14 Violation Report, Exhibit A-03 at 2.



CPF No. 1-2014-1010
6
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 (AMK-325), Federal Aviation Administration, 6500
S MacArthur Blvd., Oklahoma City, Oklahoma 79169. The Financial Operations Division
telephone number is (405) 954-8845.
Failure to pay the $40,300 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.
Under 49 C.F.R. § 190.243, Respondent has the 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 the 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. § 190.243. The filing of a petition automatically stays the payment of
any civil penalty assessed but does not stay any other provisions of the Final Order, including
any required corrective actions. If Respondent submits payment of the civil penalty, the Final
Order becomes the final administrative decision and the right to petition for reconsideration is
waived.
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



Payment Instructions
Civil Penalty Payments of Less Than $10,000
Payment of a civil penalty of less than $10,000 proposed or assessed, under Subpart B of
Part 190 of the Pipeline Safety Regulations can be made by certified check, money order
or wire transfer. Payment by certified check or money order (containing the CPF Number
for this case) should be made payable to the "Department of Transportation" and should
be sent to:
Federal Aviation Administration
Financial Operations Division (AMK-325)
ATTN: Shelby Jones
6500 S MacArthur Blvd.,
Oklahoma City, OK 79169
Wire transfer payments of less than $10,000 may be made through the Federal Reserve
Communications System (Fedwire) to the account of the U.S. Treasury. Detailed
instructions are provided below. Questions concerning wire transfer should be directed to
the Financial Operations Division at (405) 954-8845, or at the above address.
Civil Penalty Payments of $10,000 or more
Payment of a civil penalty of $10,000 or more proposed or assessed under Subpart B of
Part 190 of the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. §
89.21 (b)(3)), through the Federal Reserve Communications System (Fedwire) to the
account of the U.S. Treasury. Detailed instructions are provided below. Questions
concerning wire transfers should be directed to the Financial Operations Division at
(405) 954-8845, or at the above address.



INSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS
(1) RECEIVER ABA NO.
021030004
(2) TYPE/SUB-TYPE
(Provided by sending bank)
(3) SENDING BANK ABA NO.
(Provided by sending bank)
(4) SENDING BANK REF NO.
(Provided by sending bank)
(5) AMOUNT (6) SENDING BANK NAME
(Provided by sending bank)
(7) RECEIVER NAME
TREAS NYC
(8) PRODUCT CODE
(Normally CTR, or as provided by sending bank)
(9) BENEFICIAL (BNF) = AGENCY
LOCATION CODE
BNF = /ALC-69-14-0001
(10) REASONS FOR PAYMENT
Example: PHMSA - CPF # / Ticket Number/Pipeline
Assessment number
INSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the
information for blocks (1), (5), (7), (9), and (10). The information provided in Blocks (1), (7),
and (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous
Materials Safety Administration, Department of Transportation.
Block #1 - RECEIVER ABA NO. - "021030004". Ensure the sending bank enters this 9-digit
identification number; it represents the routing symbol for the U.S. Treasury at the Federal
Reserve Bank in New York.
Block #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the
transfer amount is punctuated with commas and a decimal point. EXAMPLE: $10,000.00
Block #7 - RECEIVER NAME - "TREAS NYC". Ensure the sending bank enters this
abbreviation. It must be used for all wire transfers to the Treasury Department.
Block #9 - BENEFICIAL - AGENCY LOCATION CODE - "BNF=/ALC-69-14-0001". Ensure
the sending bank enters this information. This is the Agency Location Code for the Pipeline and
Hazardous Materials Safety Administration, Department of Transportation.
Block #10 - REASON FOR PAYMENT - “AC-payment for PHMSA Case # / To ensure your
wire transfer is credited properly, enter the case number/ticket number or Pipeline Assessment number,
and country.”
NOTE: A wire transfer must comply with the format and instructions or the Department cannot
accept the wire transfer. You as the sender can assist this process by notifying the Financial
Operations Division (405) 954-8845 at the time you send the wire transfer.
- **truncated:** false
- **body characters:** 21747