{"operation":"document","citation":"CPF 120143002","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":"2014-02-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2801.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120143002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120143002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120143002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120143002","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 193.2801. The case was opened on 2014-02-27 and is reported as closed as of 2015-02-03. Proposed civil penalty: $28,800. Assessed civil penalty: $28,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120143002_Final Order_12292014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_Final%20Order_12292014.pdf\n\n120143002_Final Order_12292014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_Final%20Order_12292014_text.pdf\n\n120143002_NOPV_PCP_PCO_02272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_NOPV_PCP_PCO_02272014.pdf\n\n120143002_NOPV_PCP_PCO_02272014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_NOPV_PCP_PCO_02272014_text.pdf\n\n120143002_Operator Response_03272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_Operator%20Response_03272014.pdf\n\n120143002_Final Order_12292014_text.pdf\n\nDECEMBER 29, 2014\nMr. Shawn L. Patterson\nPresident, Engineering & Project Delivery\nColumbia Pipeline Group\nNiSource, Inc.\n5151 San Felipe, Suite 1500\nHouston, Texas 77056\nRe: CPF No. 1-2014-3002\nDear Mr. Patterson:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation, assesses a civil penalty of $28,800, and specifies actions that need to be taken by\nColumbia Gas Transmission Corporation to comply with the pipeline safety regulations. The\npenalty payment terms are set forth in the Final Order. When the civil penalty has been paid, this\nenforcement action will be closed. Service of the Final Order by certified mail is deemed\neffective upon the date of mailing, 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, P.E., Director, Eastern Region, OPS\nMr. Perry M. Hoffman, Manager – System Integrity, Columbia Gas Transmission\nCorporation, 1700 MacCorkle Ave., SE, Charleston, West Virginia 25314\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 )\nColumbia Gas Transmission Corporation, )\na subsidiary of NiSource, Inc., ) CPF No. 1-2014-3002\n)\n)\n)\nRespondent. )\n_________________________________________ )\nFINAL ORDER\nOn November 13-16, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Columbia Gas\nTransmission Corporation’s (CGTC or Respondent) liquefied natural gas (LNG) plant in\nChesapeake, Virginia. Respondent, a subsidiary of NiSource, Inc., transports an average of three\nbillion cubic feet of natural gas per day through an approximately 12,000-mile pipeline network\nin 10 states.\n1\nAs a result of the inspection, on February 27, 2014, the Director, Eastern Region, OPS\n(Director), issued a Notice of Probable Violation, Proposed Civil Penalty, and Proposed\nCompliance Order (Notice) to CGTC. In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Respondent had violated 49 C.F.R. § 193.2801 and assessing a civil\npenalty of $28,000 for the violation. The Notice also proposed ordering Respondent to take\ncertain measures to correct the alleged violation.\nCGTC replied to the Notice by letter dated March 12, 2014 (Response). Respondent did not\ncontest the allegation of violation, the proposed penalty, or the proposed compliance order, but\ndid provide additional information regarding the actions it had taken in response to the Notice.\nRespondent did not request a hearing and therefore has waived its right to one.\n1 See Our Companies – Columbia Gas Transmission, Columbia Pipeline Group,\nhttps://www.columbiapipelinegroup.com/about-us/our-companies#columbiagastransmission (last visited September\n8, 2014).\n\n\n\nCPF No: 1-2014-3002\nPage 2\nFINDING OF VIOLATION\nIn its Response, CGTC did not contest the allegation that it violated 49 C.F.R. Part 193, as\nItem 1: As set forth in the Notice, Respondent allegedly violated 49 C.F.R. § 193.2801, which\nfollows:\nstates:\n§ 193.2801 Fire protection.\nEach operator must provide and maintain fire protection at LNG plants\naccording to sections 9.1 through 9.7 and section 9.9 of [National Fire\nProtection Association (NFPA)] NFPA [Standard] 59A (incorporated by\nreference, see § 193.2013). However, LNG plants existing on March 31,\n2000, need not comply with provisions on emergency shutdown systems,\nwater delivery systems, detection systems, and personnel qualification and\ntraining until September 12, 2005.\nThe Notice alleged that Respondent violated 49 C.F.R. § 193.2801, by failing to provide and\nmaintain fire protection at its Chesapeake LNG facility in accordance with sections 9.1 through\n9.7 and section 9.9 of NFPA 59A. Specifically, the Notice alleged that Respondent failed to\nfollow section 9.3.2 of NFPA 59A by failing to ensure that its facility contained a flammable gas\ndetection system that would activate an audible and visual alarm at not more than 25% of the\nlower flammable limit for refrigerant gases other than methane.2\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. § 193.2801 by failing to provide and\nmaintain fire protection at its Chesapeake LNG in accordance with sections 9.1 through 9.7 and\nsection 9.9 of NFPA 59A.\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. 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\n2 Section 9.3.2 of NFPA 59A (2001), “Standard for the Production, Storage, and Handling of Liquefied Natural\nGas (LNG),” which has been incorporated by reference under 49 C.F.R. § 193.2013, states:\n“Continuously monitored low-temperature sensors of flammable gas detection systems\nshall sound an alarm at the plant site and at a constantly attended location if the plant\nsite is not attended continuously. Flammable gas detection systems shall activate an\naudible and visual alarm at not more than 25 percent of the lower flammable limit of\nthe gas or vapor being monitored.”\n\n\n\nCPF No: 1-2014-3002\nPage 3\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 $28,800.00 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $28,800.00 for Respondent’s violation of\n49 C.F.R. § 193.2801, by failing to assure its Chesapeake LNG facility contained a flammable\ngas detection system that would activate an audible and visual alarm at not more than 25% of the\nlower flammable limit for refrigerant gases other than methane.\nIn its Response, GCTC neither contested the allegation, nor presented any evidence or argument\nproposing a reduction or elimination of the proposed penalty.\nAccordingly, having reviewed the record and considered the assessment criteria for each of the\nitems cited above, I assess Respondent a total civil penalty of $28,800.00 for violating 49 C.F.R.\n§ 193.2801.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. § 89.21(b) (3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P.O. Box 269039, Oklahoma City, Oklahoma 73125. The\nFinancial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $28,800.00 civil penalty will result in accrual of interest at the current annual\nrate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violations of\n49 C.F.R. § 193.2801. Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director indicates that the\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 193.2801 (Item 1), Respondent submitted a\ncopy of its revised procedures for the calibration and testing of its gas detectors,\nas well as a record of the calibration and testing of gas detectors used to detect\nrefrigerant gases.\n\n\n\nCPF No: 1-2014-3002\nPage 4\nThe Region Director has reviewed Respondent’s submissions under Item 1 and found them to be\nsatisfactory. Therefore, the compliance terms proposed in the Notice are not included in this\nOrder.\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":10494}