# COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 193.2801.
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- **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.

Official case documents:

120143002_Final Order_12292014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_Final%20Order_12292014.pdf

120143002_Final Order_12292014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_Final%20Order_12292014_text.pdf

120143002_NOPV_PCP_PCO_02272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_NOPV_PCP_PCO_02272014.pdf

120143002_NOPV_PCP_PCO_02272014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_NOPV_PCP_PCO_02272014_text.pdf

120143002_Operator Response_03272014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143002/120143002_Operator%20Response_03272014.pdf

120143002_Final Order_12292014_text.pdf

DECEMBER 29, 2014
Mr. Shawn L. Patterson
President, Engineering & Project Delivery
Columbia Pipeline Group
NiSource, Inc.
5151 San Felipe, Suite 1500
Houston, Texas 77056
Re: CPF No. 1-2014-3002
Dear Mr. Patterson:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation, assesses a civil penalty of $28,800, and specifies actions that need to be taken by
Columbia Gas Transmission Corporation to comply with the pipeline safety regulations. The
penalty payment terms are set forth in the Final Order. When the civil penalty has been paid, this
enforcement action will be closed. 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 Gas Transmission
Corporation, 1700 MacCorkle Ave., 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 Corporation, )
a subsidiary of NiSource, Inc., ) CPF No. 1-2014-3002
)
)
)
Respondent. )
_________________________________________ )
FINAL ORDER
On November 13-16, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Columbia Gas
Transmission Corporation’s (CGTC or Respondent) liquefied natural gas (LNG) plant in
Chesapeake, Virginia. Respondent, a subsidiary of NiSource, Inc., transports an average of three
billion cubic feet of natural gas per day through an approximately 12,000-mile pipeline network
in 10 states.
1
As a result of the inspection, on February 27, 2014, the Director, Eastern Region, OPS
(Director), issued a Notice of Probable Violation, Proposed Civil Penalty, and Proposed
Compliance Order (Notice) to CGTC. In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that Respondent had violated 49 C.F.R. § 193.2801 and assessing a civil
penalty of $28,000 for the violation. The Notice also proposed ordering Respondent to take
certain measures to correct the alleged violation.
CGTC replied to the Notice by letter dated March 12, 2014 (Response). Respondent did not
contest the allegation of violation, the proposed penalty, or the proposed compliance order, but
did provide additional information regarding the actions it had taken in response to the Notice.
Respondent did not request a hearing and therefore has waived its right to one.
1 See Our Companies – Columbia Gas Transmission, Columbia Pipeline Group,
https://www.columbiapipelinegroup.com/about-us/our-companies#columbiagastransmission (last visited September
8, 2014).



CPF No: 1-2014-3002
Page 2
FINDING OF VIOLATION
In its Response, CGTC did not contest the allegation that it violated 49 C.F.R. Part 193, as
Item 1: As set forth in the Notice, Respondent allegedly violated 49 C.F.R. § 193.2801, which
follows:
states:
§ 193.2801 Fire protection.
Each operator must provide and maintain fire protection at LNG plants
according to sections 9.1 through 9.7 and section 9.9 of [National Fire
Protection Association (NFPA)] NFPA [Standard] 59A (incorporated by
reference, see § 193.2013). However, LNG plants existing on March 31,
2000, need not comply with provisions on emergency shutdown systems,
water delivery systems, detection systems, and personnel qualification and
training until September 12, 2005.
The Notice alleged that Respondent violated 49 C.F.R. § 193.2801, by failing to provide and
maintain fire protection at its Chesapeake LNG facility in accordance with sections 9.1 through
9.7 and section 9.9 of NFPA 59A. Specifically, the Notice alleged that Respondent failed to
follow section 9.3.2 of NFPA 59A by failing to ensure that its facility contained a flammable gas
detection system that would activate an audible and visual alarm at not more than 25% of the
lower flammable limit for refrigerant gases other than methane.2
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 193.2801 by failing to provide and
maintain fire protection at its Chesapeake LNG in accordance with sections 9.1 through 9.7 and
section 9.9 of NFPA 59A.
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
2 Section 9.3.2 of NFPA 59A (2001), “Standard for the Production, Storage, and Handling of Liquefied Natural
Gas (LNG),” which has been incorporated by reference under 49 C.F.R. § 193.2013, states:
“Continuously monitored low-temperature sensors of flammable gas detection systems
shall sound an alarm at the plant site and at a constantly attended location if the plant
site is not attended continuously. Flammable gas detection systems shall activate an
audible and visual alarm at not more than 25 percent of the lower flammable limit of
the gas or vapor being monitored.”



CPF No: 1-2014-3002
Page 3
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 $28,800.00 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $28,800.00 for Respondent’s violation of
49 C.F.R. § 193.2801, by failing to assure its Chesapeake LNG facility contained a flammable
gas detection system that would activate an audible and visual alarm at not more than 25% of the
lower flammable limit for refrigerant gases other than methane.
In its Response, GCTC neither contested the allegation, nor presented any evidence or argument
proposing a reduction or elimination of the proposed penalty.
Accordingly, having reviewed the record and considered the assessment criteria for each of the
items cited above, I assess Respondent a total civil penalty of $28,800.00 for violating 49 C.F.R.
§ 193.2801.
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
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, Mike
Monroney Aeronautical Center, P.O. Box 269039, Oklahoma City, Oklahoma 73125. The
Financial Operations Division telephone number is (405) 954-8845.
Failure to pay the $28,800.00 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.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violations of
49 C.F.R. § 193.2801. Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of gas or who owns or operates a pipeline facility is required to comply with the
applicable safety standards established under chapter 601. The Director indicates that the
Respondent has taken the following actions specified in the proposed compliance order:
1. With respect to the violation of § 193.2801 (Item 1), Respondent submitted a
copy of its revised procedures for the calibration and testing of its gas detectors,
as well as a record of the calibration and testing of gas detectors used to detect
refrigerant gases.



CPF No: 1-2014-3002
Page 4
The Region Director has reviewed Respondent’s submissions under Item 1 and found them to be
satisfactory. Therefore, the compliance terms proposed in the Notice are not included in this
Order.
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
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