{"operation":"document","citation":"CPF 120151009","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-05-01","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.709(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120151009","body":"Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.709(c). The case was opened on 2015-05-01 and is reported as closed as of 2016-01-05. Proposed civil penalty: $27,500. Assessed civil penalty: $27,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120151009_Closure Letter_01052016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Closure%20Letter_01052016.pdf\n\n120151009_Closure Letter_01052016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Closure%20Letter_01052016_text.pdf\n\n120151009_Final Order_12112015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Final%20Order_12112015.pdf\n\n120151009_Final Order_12112015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Final%20Order_12112015_text.pdf\n\n120151009_NOPV_PCP_PCO_05012015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_NOPV_PCP_PCO_05012015.pdf\n\n120151009_NOPV_PCP_PCO_05012015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_NOPV_PCP_PCO_05012015_text.pdf\n\n120151009_Operator Response Notice_06012015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Operator%20Response%20Notice_06012015.pdf\n\n120151009_Closure Letter_01052016_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJanuary 5, 2016\nBrian C. Sheppard\nVice President, Pipeline Operations\nDominion Transmission, Inc.\n445 West Main Street\nClarksburg, WV 26302-2450\nCPF 1-2015-1009\nDear Mr. Sheppard:\nOn December 11, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Dominion Transmission, Inc. a Final Order in the above-referenced case. This Order\nincluded a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation you provided and confirmation of payment of the civil penalty, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120151009_Final Order_12112015_text.pdf\n\nDecember 11, 2015\nMr. Thomas F. Farrell II\nPresident and Chief Executive Officer\nDominion Resources, Inc.\nP. O. Box 26532\nRichmond, Virginia 23261\nRe: CPF No. 1-2015-1009\nDear Mr. Farrell:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nDominion Transmission, Inc. It makes findings of violation and assesses a civil penalty of\n$27,500. It further finds that Dominion Transmission, Inc., has completed the actions specified\nin the Notice to comply with the pipeline safety regulations. When the civil penalty has been\npaid, this enforcement action will be closed. Service of the Final Order by certified mail is\ndeemed effective 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. Brian Sheppard, Vice-President Operations, Dominion Transmission, Inc.,\nP.O. Box 2450, Clarksburg, West Virginia 26302\nMr. Byron Coy, P.E., Director, Eastern Region, OPS\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)\nDominion Transmission, Inc., ) CPF No. 1-2015-1009\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn June 19, 2013, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-\nsite pipeline safety inspection of the facilities and records of Dominion Transmission, Inc. (DTI\nor Respondent), at Dominion’s Tyler Road Metering and Regulating Station (Tyler Road\nStation) in Clearfield, Pennsylvania. Dominion, the interstate gas transmission subsidiary of\nDominion Resources, Inc., provides gas transportation and storage services that include the\noperation of underground natural gas storage systems throughout the United States. DTI\nmaintains 7,800 miles of pipeline in six states — Ohio, West Virginia, Pennsylvania, New York,\nMaryland and Virginia, and is a producer and supplier of natural gas liquids at facilities in West\nVirginia and Maryland.\n1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 1, 2015, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Dominion had violated 49 C.F.R. § 192.709 and proposed assessing a civil\npenalty of $27,500 for the alleged violation. The Notice also proposed ordering Respondent to\ntake certain measures to correct the alleged violation.\nDTI responded to the Notice by letter dated June 1, 2015 (Response). The company did not\ncontest the allegation of violation but provided information concerning the corrective actions it\nhad taken. Respondent did not request a hearing and therefore has waived its right to one.\n1 See https://www.dom.com/corporate/what-we-do/natural-gas/dominion-transmission-inc. Current as of September\n4, 2015.\n\n\n\nCPF No. 1-2015-1009\nPage 2\nFINDING OF VIOLATION\nIn its Response, DTI did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), which states:\n§ 192.709 Transmission lines: Record keeping.\nEach operator shall maintain the following records for transmission\nlines for the periods specified:\n(a) . . .\n(c) A record of each patrol, survey, inspection, and test required by\nsubparts L and M of this part must be retained for at least 5 years or until the\nnext patrol, survey, inspection, or test is completed, whichever is longer.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain a\nrecord of each patrol, survey, inspection and test required by subparts L and M of Part 192 for a\nperiod of at least five years or until the next such patrol, survey, inspection or test is completed,\nwhichever is longer. Specifically, the Notice alleged that DTI was unable to produce\ndocumentation to show that the pressure relief valves at the Tyler Road Station were tested to\ndocument that the set points were set to relieve at the correct pressure, consistent with the\npressure limits of 49 C.F.R. § 192.201(a). A test verification is required each calendar year, at\nintervals not to exceed 15 months, under § 192.739(a)(3). The Notice further alleged that despite\nmultiple requests from PHMSA, DTI could not provide records to demonstrate that either the\npressure relief valves or Shafer valves in DTI’s piping had been tested from the start of\noperations in November 2010 until the date of inspection on June 19, 2013. There were no\nrecords of tests conducted in 2011 or 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. § 192.709(c) by failing to maintain a\nrecord of each patrol, survey, inspection and test required by subparts L and M of Part 192 for a\nperiod of at least five years or until the next such patrol, survey, inspection or test is completed,\nwhichever is longer.\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.\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. 1-2015-1009\nPage 3\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 $27,500 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $27,500 for Respondent’s violation of 49 C.F.R.\n§ 192.709(c), for failing to produce documentation to show that the pressure relief valves at the\nTyler Road Station were tested to document that the set points were set to relieve at the correct\npressure, consistent with the pressure limits of § 192.201(a). DTI neither contested the\nallegation nor presented any evidence or argument justifying elimination or reduction of the\nproposed penalty. DTI missed multiple inspections cycles on valves that are critical to the safe\noperation of the pipeline, by helping to maintain equilibrium and protection from dangerous\npressure spikes. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $27,500 for violation of 49 C.F.R. § 192.709(c).\nIn summary, having reviewed the record and considered the assessment criteria for the Item cited\nabove, I assess Respondent a total civil penalty of $27,500. Payment of the civil penalty must be\nmade within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such\npayment to be made by wire transfer through the Federal Reserve Communications System\n(Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the\nenclosure. Questions concerning wire transfers should be directed to: Financial Operations\nDivision (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center,\nP.O. Box 269039, Oklahoma City, Oklahoma 73125. The Financial Operations Division\ntelephone number is (405) 954-8845.\nFailure to pay the $27,500 civil penalty will result in accrual of interest at the current annual rate\nin 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 violation of\n49 C.F.R. § 192.709. 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\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.709(c) (Item 1), Respondent has acted to\n\n\n\nCPF No. 1-2015-1009\nPage 4\ndetermine what kind of overpressure protection is currently in use and the set points\nof the device(s) used to protect DTI-operated pipelines and to obtain overpressure\nprotection inspection records at the Tyler Road Station. DTI indicated that its gas\nwould be shut-off until overpressure protection was installed, which was completed\non March 19, 2014.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\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":12703}