# EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

120151009_Closure Letter_01052016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Closure%20Letter_01052016.pdf

120151009_Closure Letter_01052016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Closure%20Letter_01052016_text.pdf

120151009_Final Order_12112015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Final%20Order_12112015.pdf

120151009_Final Order_12112015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Final%20Order_12112015_text.pdf

120151009_NOPV_PCP_PCO_05012015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_NOPV_PCP_PCO_05012015.pdf

120151009_NOPV_PCP_PCO_05012015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_NOPV_PCP_PCO_05012015_text.pdf

120151009_Operator Response Notice_06012015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151009/120151009_Operator%20Response%20Notice_06012015.pdf

120151009_Closure Letter_01052016_text.pdf

OVERNIGHT EXPRESS DELIVERY
January 5, 2016
Brian C. Sheppard
Vice President, Pipeline Operations
Dominion Transmission, Inc.
445 West Main Street
Clarksburg, WV 26302-2450
CPF 1-2015-1009
Dear Mr. Sheppard:
On December 11, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Dominion Transmission, Inc. a Final Order in the above-referenced case. This Order
included a Compliance Order and Civil Penalty assessment. Based on our review of the
documentation you provided and confirmation of payment of the civil penalty, it has been
determined that you have complied with the terms of this Order.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration

120151009_Final Order_12112015_text.pdf

December 11, 2015
Mr. Thomas F. Farrell II
President and Chief Executive Officer
Dominion Resources, Inc.
P. O. Box 26532
Richmond, Virginia 23261
Re: CPF No. 1-2015-1009
Dear Mr. Farrell:
Enclosed please find the Final Order issued in the above-referenced case to your subsidiary,
Dominion Transmission, Inc. It makes findings of violation and assesses a civil penalty of
$27,500. It further finds that Dominion Transmission, Inc., has completed the actions specified
in the Notice to comply with the pipeline safety regulations. 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. Brian Sheppard, Vice-President Operations, Dominion Transmission, Inc.,
P.O. Box 2450, Clarksburg, West Virginia 26302
Mr. Byron Coy, P.E., Director, Eastern Region, OPS
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 )
)
Dominion Transmission, Inc., ) CPF No. 1-2015-1009
)
Respondent. )
____________________________________)
FINAL ORDER
On June 19, 2013, 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 Dominion Transmission, Inc. (DTI
or Respondent), at Dominion’s Tyler Road Metering and Regulating Station (Tyler Road
Station) in Clearfield, Pennsylvania. Dominion, the interstate gas transmission subsidiary of
Dominion Resources, Inc., provides gas transportation and storage services that include the
operation of underground natural gas storage systems throughout the United States. DTI
maintains 7,800 miles of pipeline in six states — Ohio, West Virginia, Pennsylvania, New York,
Maryland and Virginia, and is a producer and supplier of natural gas liquids at facilities in West
Virginia and Maryland.
1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated May 1, 2015, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that Dominion had violated 49 C.F.R. § 192.709 and proposed assessing a civil
penalty of $27,500 for the alleged violation. The Notice also proposed ordering Respondent to
take certain measures to correct the alleged violation.
DTI responded to the Notice by letter dated June 1, 2015 (Response). The company did not
contest the allegation of violation but provided information concerning the corrective actions it
had taken. Respondent did not request a hearing and therefore has waived its right to one.
1 See https://www.dom.com/corporate/what-we-do/natural-gas/dominion-transmission-inc. Current as of September
4, 2015.



CPF No. 1-2015-1009
Page 2
FINDING OF VIOLATION
In its Response, DTI did not contest the allegation in the Notice that it violated 49 C.F.R. Part
192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), which states:
§ 192.709 Transmission lines: Record keeping.
Each operator shall maintain the following records for transmission
lines for the periods specified:
(a) . . .
(c) A record of each patrol, survey, inspection, and test required by
subparts L and M of this part must be retained for at least 5 years or until the
next patrol, survey, inspection, or test is completed, whichever is longer.
The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain a
record of each patrol, survey, inspection and test required by subparts L and M of Part 192 for a
period of at least five years or until the next such patrol, survey, inspection or test is completed,
whichever is longer. Specifically, the Notice alleged that DTI was unable to produce
documentation to show that the pressure relief valves at the Tyler Road Station were tested to
document that the set points were set to relieve at the correct pressure, consistent with the
pressure limits of 49 C.F.R. § 192.201(a). A test verification is required each calendar year, at
intervals not to exceed 15 months, under § 192.739(a)(3). The Notice further alleged that despite
multiple requests from PHMSA, DTI could not provide records to demonstrate that either the
pressure relief valves or Shafer valves in DTI’s piping had been tested from the start of
operations in November 2010 until the date of inspection on June 19, 2013. There were no
records of tests conducted in 2011 or 2012.
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. § 192.709(c) by failing to maintain a
record of each patrol, survey, inspection and test required by subparts L and M of Part 192 for a
period of at least five years or until the next such patrol, survey, inspection or test is completed,
whichever is longer.
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.2 In determining the amount of a civil penalty under 49 U.S.C.
2 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.
1904, January 3, 2012, increased the civil penalty liability for violating a pipeline safety standard to $200,000 per
violation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.



CPF No. 1-2015-1009
Page 3
§ 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 $27,500 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $27,500 for Respondent’s violation of 49 C.F.R.
§ 192.709(c), for failing to produce documentation to show that the pressure relief valves at the
Tyler Road Station were tested to document that the set points were set to relieve at the correct
pressure, consistent with the pressure limits of § 192.201(a). DTI neither contested the
allegation nor presented any evidence or argument justifying elimination or reduction of the
proposed penalty. DTI missed multiple inspections cycles on valves that are critical to the safe
operation of the pipeline, by helping to maintain equilibrium and protection from dangerous
pressure spikes. Accordingly, having reviewed the record and considered the assessment
criteria, I assess Respondent a civil penalty of $27,500 for violation of 49 C.F.R. § 192.709(c).
In summary, having reviewed the record and considered the assessment criteria for the Item cited
above, I assess Respondent a total civil penalty of $27,500. 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 $27,500 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 violation of
49 C.F.R. § 192.709. 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
Respondent has taken the following actions specified in the proposed compliance order:
1. With respect to the violation of § 192.709(c) (Item 1), Respondent has acted to



CPF No. 1-2015-1009
Page 4
determine what kind of overpressure protection is currently in use and the set points
of the device(s) used to protect DTI-operated pipelines and to obtain overpressure
protection inspection records at the Tyler Road Station. DTI indicated that its gas
would be shut-off until overpressure protection was installed, which was completed
on March 19, 2014.
Accordingly, I find that compliance has been achieved with respect to this violation. 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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