{"operation":"document","citation":"CPF 120161007","title":"NATIONAL FUEL GAS SUPPLY CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-10-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120161007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120161007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120161007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120161007","body":"Notice of Probable Violation involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulation as 192.465(a). The case was opened on 2016-10-17 and is reported as closed as of 2023-02-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120161007_Closure Letter_02022023_(14-145226S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_Closure%20Letter_02022023_(14-145226S).pdf\n\n120161007_Closure Letter_02022023_(14-145226S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_Closure%20Letter_02022023_(14-145226S)_text.pdf\n\n120161007_Consent Agreement and Order_10222019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_Consent%20Agreement%20and%20Order_10222019.pdf\n\n120161007_Consent Agreement and Order_10222019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_Consent%20Agreement%20and%20Order_10222019_text.pdf\n\n120161007_NOPV PCO_10172016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_NOPV%20PCO_10172016.pdf\n\n120161007_NOPV PCO_10172016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_NOPV%20PCO_10172016_text.pdf\n\n120161007_Operator Pre-Hearing Filing Response_06192017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_Operator%20Pre-Hearing%20Filing%20Response_06192017.pdf\n\n120161007_Operator Response to Notice and Request for Hearing_12162016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161007/120161007_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing_12162016.pdf\n\n120161007_Closure Letter_02022023_(14-145226S)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nFebruary 2, 2023\nRamon P. Harris\nVice President\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nCPF 1-2016-1007\nDear Mr. Harris:\nOn October 17, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to National Fuel Gas Supply Corporation a Notice of Probable Violation and Proposed\nCompliance Order in the above-referenced case. On October 21, 2019, a Consent Agreement and\nOrder was executed. Based on our review of the documentation you provided, it has been\ndetermined that you have complied with the terms of the Consent Agreement and 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,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120161007_Consent Agreement and Order_10222019_text.pdf\n\nOctober 22, 2019\nMr. David Bauer\nPresident and Chief Executive Officer\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nRe: CPF No. 1-2016-1007\nDear Mr. Bauer:\nEnclosed please find a copy of the Consent Agreement and Order issued in the above-referenced\ncase, which was executed on October 21, 2019. Service of the Order and Consent Agreement by\ncertified mail is deemed effective upon the date of mailing, or as otherwise provided under 49\nC.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMs. Sarah J. Mugel, General Counsel, National Fuel Gas Supply Corporation\nMs. Brianne Kurdock, Counsel, Babst Calland, 805 15th Street, NW, Suite 601,\nWashington, DC 20005\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n)\nIn the Matter of )\n)\nNational Fuel Gas Supply Corporation, ) )\nRespondent. )\n)\nCPF No. 1-2016-1007\nCONSENT AGREEMENT AND ORDER\nFrom June 3, 2014, to September 16, 2015, pursuant to Chapter 601 of Title 49 of the United States\nCode, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), inspected the corrosion control records for National Fuel Gas\nSupply Corporation’s (National Fuel or Respondent) interstate gas pipeline facilities in\nPennsylvania.\nAs a result of this inspection, the Director, Eastern Region, OPS (Director), issued, by letter dated\nOctober 17, 2016, a Notice of Probable Violation and Proposed Compliance Order (Notice) to\nNational Fuel. A copy of the Notice is attached hereto as Appendix A. In accordance with 49\nC.F.R. § 190.207, the Notice proposed finding that National Fuel had violated 49 C.F.R.\n§ 192.465(a) by failing to determine whether its interstate gas pipelines in Pennsylvania were\noperated in accordance with the requirements of 49 C.F.R. § 192.463(a). PHMSA did not propose\na civil penalty for this item, but proposed requiring National Fuel to take various remedial actions\nto correct the alleged violation.\nNational Fuel responded to the Notice by letter dated December 16, 2016 (Response). Respondent\nrequested an in-person meeting with the Director to discuss the terms of the Proposed Compliance\nOrder, or, in the alternative, an administrative hearing. On June 29, 2017, National Fuel withdrew\nits request for an administrative hearing following an agreement by PHMSA and National Fuel\n(collectively, Parties) to settle this matter via an administrative consent agreement and order\n(Agreement) pursuant to 49 C.F.R. § 190.219. Having agreed that settlement of this proceeding\nwill avoid further administrative proceedings or litigation, pursuant to 49 C.F.R. Part 190, and\nupon consent and agreement, the Parties hereby agree as follows:\nA. General Provisions\n1. Respondent acknowledges that its interstate pipelines in Pennsylvania and New York are\nsubject to the jurisdiction of the Federal Pipeline Safety Laws, 49 U.S.C. 60101, et seq., and the\n1\n\n\n\nregulations and administrative orders issued thereunder. Respondent acknowledges that it\nreceived proper notice of PHMSA’s action in this proceeding and that the Notice states claims\nupon which relief may be granted pursuant to 49 U.S.C. 60101, et seq., and the regulations and\norders issued thereunder. As used in this Agreement, the terms “pipeline system” and “pipeline\nfacility” shall be defined as in 49 C.F.R. Part 192.\n2. Respondent agrees to complete the actions specified in Appendix B of this Agreement\nand to abide by the terms of this Agreement. This Agreement does not constitute a finding of\nviolation of any Federal law or regulation and may not be used in any civil or administrative\nproceeding of any kind as evidence or proof of any fact, fault or liability, or as evidence of the\nviolation of any law, rule, regulation or requirement, except in a proceeding to enforce the\nprovisions of this Agreement.\n3. Respondent consents to the issuance of this Agreement and hereby waives any further\nprocedural requirements with respect to its issuance. Respondent waives all rights to contest the\nadequacy of notice or the validity of this Agreement, including all rights to administrative or\njudicial hearings, reviews, or appeals.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its officers,\ndirectors, employees, and its successors, assigns, or other entities or persons otherwise bound by\nlaw. Respondent agrees to provide a copy of this Agreement, and the incorporated appendices,\nto all Respondent’s officers, employees, agents, and successors-in-interest whose duties might\nreasonably include compliance with this Agreement.\n5. For all transfers of ownership or operating responsibility of NFG’s Pennsylvania and\nNew York interstate pipeline systems, Respondent will provide a copy of this Agreement to the\nprospective transferee at least 30 days prior to such transfer. Respondent will provide written\nnotice of the transfer to the PHMSA Eastern Regional Director no later than 60 days after the\ntransfer occurs.\n6. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied herein. The Parties\nacknowledge that there are no representations, agreements or understandings relating to the\nsettlement other than those expressly contained in this Agreement and its appendices.\n7. Nothing in this Agreement affects or relieves Respondent of its responsibility to comply\nwith all applicable requirements of the federal Pipeline Safety Laws, 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s\nright of access, entry, inspection, and information-gathering or its authority to bring any\nenforcement action against Respondent pursuant to the federal Pipeline Safety Laws, the\nregulations and orders issued thereunder, or any other provision of federal or state law.\n8. This Agreement does not waive or modify any federal, state, or local laws or regulations\nthat are applicable to National Fuel or its pipeline systems. This Agreement is not a permit, or a\nmodification of any permit, under any federal, state, or local laws or regulations. Respondent\n2\n\n\n\nremains responsible for achieving and maintaining compliance with all applicable federal, state,\nand local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third party\nnot a party to this Agreement. The U.S. Department of Transportation (DOT) is not liable for\nany injuries or damages to persons or property arising from acts or omissions of Respondent or\nits officers, employees, agents, or successors-in-interest in carrying out the work required by this\nAgreement. Respondent agrees to hold harmless DOT, its officers, employees, agents, and\nrepresentatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out the work required by this Agreement.\nB. Work to be Performed\n10. Respondent agrees to perform the actions set forth in Appendix B to this Agreement.\n11. The Director may grant an extension of time for completion of any of the work to be\nperformed under Appendix B upon Respondent’s timely, written request that demonstrates both\ngood cause for an extension and provides sufficient detail to enable the Director to evaluate\nRespondent’s request. A timely request should be submitted at least 30 calendar days prior to\nthe previously-scheduled date on which the work at issue was due to be completed.\n12. Respondent agrees to maintain documentation of the costs associated with\nimplementation of the actions specified in Appendix B and agrees to make this information\navailable to PHMSA upon request.\nC. Review and Approval Process\n13. With respect to any submission by National Fuel under Appendix B of this Agreement\nthat requires the approval of the Director, the Director may: (a) approve the submission, in whole\nor in part; (b) disapprove the submission on specified conditions; (c) disapprove the submission,\nin whole or in part; or (d) undertake any combination of the foregoing. In the event of approval\nin part or upon conditions, National Fuel will proceed to take all actions required by the\nsubmission as modified by the Director, subject to Respondent’s right to invoke the procedures\nin Section D (Dispute Resolution) with respect to any conditions identified by the Director. If\nthe Director disapproves all or any portion of a submission, the Director will provide National\nFuel with a written notice of the deficiencies. Respondent will correct all deficiencies within the\ntime specified by the Director and resubmit it for acceptance. If Respondent fails to correct the\nspecified deficiencies, the Director may invoke the Dispute Resolution process.\nD. Dispute Resolution\n14. The Director and Respondent will attempt to informally resolve any disputes arising\nunder this Agreement. If National Fuel and the Director are unable to informally resolve the\ndispute within 15 business days, the Respondent or the Director may request in writing, within\n15 business days thereafter, a written request to the Associate Administrator for Pipeline Safety\nto resolve the dispute. Respondent and Director are permitted to submit all relevant information\n3\n\n\n\nconcerning the dispute within five business days after the request is made, after which the\nAssociate Administrator will issue a written determination that shall constitute final agency\naction. The existence of a dispute and PHMSA’s consideration of matters placed in dispute shall\nnot excuse, toll, or suspend any term or timeframe for completion of any work to be performed\nunder this Agreement during the pendency of the dispute resolution process, except as agreed by\nthe Director or the Associate Administrator in writing.\nE. Enforcement\n15. This Agreement, including the appendices, is subject to all enforcement authorities\navailable to PHMSA under 49 U.S.C. §60101, et seq., and 49 C.F.R. Part 190, including\nadministrative civil penalties under 49 U.S.C. §60122, of up to $209,002 per violation for each\nday the violation continues and referral of the case to the Attorney General for judicial\nenforcement, if PHMSA determines that Respondent is not complying with the terms of this\nAgreement in accordance with determinations made by the Director, or if appealed under the\nDispute Resolution process, in accordance with decisions of the Associate Administrator. All\nwork plans and associated schedules developed under Appendix B shall be automatically\nincorporated into this Agreement and are enforceable in the same manner.\nF. Effective Date and Term\n16. The “Effective Date,” as used herein, is the date on which this Agreement is signed by the\nParties. Unless otherwise specified, all deadlines for actions required by the Agreement run from\nthe Effective Date.\nG. Recordkeeping\n17. Respondent agrees to maintain records demonstrating compliance with all requirements\nof Appendix B for a period of at least five years following completion of all work to be\nperformed. PHMSA will have the right to inspect the records and facilities of National Fuel, or\nany contractor, agent, or successor-in-interest thereof, upon reasonable notice, to confirm that the\ncompliance terms of this Agreement are being undertaken in conformity with the terms of this\nAgreement.\nH. Modification\n18. This Agreement may be modified only by the mutual agreement of the Parties as set forth\nin writing and signed by the Parties.\nI. Termination.\n19. This Agreement will terminate upon the completion of all terms set forth in Appendix B,\nas determined by the Director. Respondent may request, and PHMSA will provide, written\nconfirmation of the termination of this Agreement. Nothing in this Agreement prevents\nRespondent from completing any of the obligations earlier than the deadlines provided for\nherein.\n4\n\n\n\nJ. Ratification.\n20. Each undersigned representative of the Parties certifies that he or she is fully authorized\nby the party represented to enter into the terms and conditions hereof and to execute and legally\nbind that party to it.\nThe Parties hereby agree to all conditions and terms of this Agreement:\nFor PHMSA: For National Fuel Gas Supply Corporation:\nAlan K. Mayberry Name:\nAssociate Administrator for Title:\nPipeline Safety, PHMSA National Fuel Gas Supply Corporation\n____________________________________ ____________________________________\nDate Date\n5","truncated":false,"body_characters":15492}