{"operation":"document","citation":"CPF 120141011","title":"MARITIMES & NORTHEAST PIPELINE, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-10-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.5(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120141011","body":"Notice of Probable Violation involving MARITIMES & NORTHEAST PIPELINE, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 191.5(a). The case was opened on 2014-10-27 and is reported as closed as of 2015-07-24. Proposed civil penalty: $34,500. Assessed civil penalty: $34,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120141011_Final Order_07242015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141011/120141011_Final%20Order_07242015.pdf\n\n120141011_Final Order_07242015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141011/120141011_Final%20Order_07242015_text.pdf\n\n120141011_NOPV_PCP_10272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141011/120141011_NOPV_PCP_10272014.pdf\n\n120141011_NOPV_PCP_10272014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141011/120141011_NOPV_PCP_10272014_text.pdf\n\n120141011_Operator Response to Notice_11212014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141011/120141011_Operator%20Response%20to%20Notice_11212014.pdf\n\n120141011_Final Order_07242015_text.pdf\n\nJuly 24, 2015\nMr. Greg Ebel\nPresident and Chief Executive Officer\nMaritimes and Northeast Pipeline, LLC\n5400 Westheimer Court\nHouston, TX 77056\nRe: CPF No. 1-2014-1011\nDear Mr. Ebel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $34,500. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated November 12, 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. J.A. Drake, Vice President, Operations & EHS, Maritimes and Northeast Pipeline,\nLLC\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____________________________________\nIn the Matter of )\nMaritimes and Northeast Pipeline, LLC, ) )\n)\n)\nRespondent. )\n____________________________________)\nCPF No. 1-2014-1011\nFINAL ORDER\nOn January 2, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninitiated an investigation of an incident involving the pipeline system of Maritimes and Northeast\nPipeline, LLC (MNE or Respondent) in Searsmont, Maine. MNE is a 684-mile transmission\npipeline system built to transport natural gas from developments offshore Nova Scotia to markets\nin Canada and the northeastern United States.1 MNE is a joint venture of Spectra Energy\nPartners, Emera Inc., and ExxonMobil.\nThe investigation arose out of a release of gas at the Maritimes and Northeast Searsmont\nCompressor Station that occurred on December 31, 2013. The release was caused by the\nunintentional opening of an emergency shutdown (ESD) system blow down valve. The total\namount of gas released as a result of this incident was approximately 70 million standard cubic\nfeet.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated October 27, 2014, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that MNE had\nviolated 49 C.F.R. § 191.5(a) and proposed assessing a civil penalty of $34,500 for the alleged\nviolation.\nMNE responded to the Notice by letter dated November 21, 2014 (Response). The company did\nnot contest the allegations of violation and paid the proposed civil penalty of $34,500, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\n1 http://www mnpp.com/us/ (last accessed June 4, 2015).\n\n\n\nCPF No. 1-2014-1011\nPage 2\nFINDING OF VIOLATION\nIn its Response, MNE did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n191, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 191.5(a), which states:\n§ 191.5 Immediate notice of certain incidents.\n(a) At the earliest practicable moment following discovery, each\noperator shall give notice in accordance with paragraph (b) of this section\nof each incident as defined in § 191.3.\nThe Notice alleged that Respondent violated 49 C.F.R. § 191.5(a) by failing to give notice in\naccordance with §191.5(b) at the earliest practicable moment following the discovery of an\nincident as defined in § 191.3. Specifically, the Notice alleged that MNE failed to notify the\nNational Response Center of the natural gas release that occurred on December 31, 2013, at the\nearliest practicable moment following discovery. Respondent did not contest this allegation of\nviolation, but stated that it did not believe this gas release needed to be reported because the gas\nwas released through a blow down valve which is designed for this purpose. However, the\nopening of this valve was unintentional, in that it did not occur during a scheduled activity in\naccordance with regular operation and maintenance. Accordingly, based upon a review of all of\nthe evidence, I find that Respondent violated 49 C.F.R. § 191.5(a) by failing to give notice in\naccordance with §191.5(b) at the earliest practicable moment following the discovery of an\nincident as defined in § 191.3.\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 $34,500 for the violations 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.\n2\n\n\n\nCPF No. 1-2014-1011\nPage 3\nItem 1: The Notice proposed a civil penalty of $34,500 for Respondent’s violation of 49 C.F.R.\n§ 191.5(a), for failing to give notice in accordance with §191.5(b) at the earliest practicable\nmoment following the discovery of an incident as defined in § 191.3. MNE neither contested the\nallegation nor presented any evidence or argument justifying a reduction in the proposed penalty.\nAny unintentional release of gas can pose a hazard to the facility, the public, and the\nenvironment, and MNE was fully culpable for this violation. Accordingly, having reviewed the\nrecord and considered the assessment criteria, I assess Respondent a civil penalty of $34,500 for\nviolation of 49 C.F.R. § 191.5(a). MNE has paid the proposed civil penalty of $34,500, as\nprovided in 49 C.F.R. § 190.227.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n3","truncated":false,"body_characters":8213}