{"operation":"document","citation":"CPF 120165010","title":"WILLIAMS FIELD SERVICES — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-10-31","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.64(c)(1)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165010","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120165010","body":"Notice of Probable Violation involving WILLIAMS FIELD SERVICES. PHMSA's enforcement data identifies the cited regulation as 195.64(c)(1)(ii). The case was opened on 2016-10-31 and is reported as closed as of 2017-06-27. Proposed civil penalty: $22,400. Assessed civil penalty: $22,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120165010_Final Order_06272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165010/120165010_Final%20Order_06272017.pdf\n\n120165010_Final Order_06272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165010/120165010_Final%20Order_06272017_text.pdf\n\n120165010_NOPV PCP_10312016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165010/120165010_NOPV%20PCP_10312016.pdf\n\n120165010_NOPV PCP_10312016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165010/120165010_NOPV%20PCP_10312016_text.pdf\n\n120165010_Final Order_06272017_text.pdf\n\nJune 27, 2017\nMr. Alan Armstrong\nPresident and Chief Executive Officer\nWilliams Partners, LP\nOne Williams Center\nTulsa, Oklahoma 74172\nRe: CPF No. 1-2016-5010\nDear Mr. Armstrong:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $22,400. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated November 15, 2016. This enforcement action is\nnow closed. Service of the Final Order is deemed effective as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMs. Stephanie Timmermeyer, Vice President of Safety and Regulatory Compliance,\nWilliams Field Services Company, LLC, 525 Central Park Drive, Oklahoma City,\nOklahoma 73105\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 )\n)\n)\nWilliams Field Services Company, LLC, )\nan operating company of Williams Partners, LP, )\nRespondent. )\n________________________________________________)\n) CPF No. 1-2016-5010\nFINAL ORDER\nOn May 8, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), reviewed the March\n24, 2014 Operator Registry Notification G-20140324-4502 from Williams Field Services\nCompany, LLC (Williams or Respondent), submitted online through the National Registry of\nPipeline and LNG Operators website. Williams is an operating company of Williams Partners,\nLP, and operates approximately 1,153 miles of hazardous liquid pipeline throughout Colorado,\nKansas, Pennsylvania, West Virginia and Wyoming.1\nAs a result of the review, the Director, Eastern Region, OPS (Director), issued to Respondent, by\nletter dated October 31, 2016, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Williams\nhad violated 49 C.F.R. § 195.64, and proposed assessing a civil penalty of $22,400 for the\nalleged violation.\nWilliams did not respond to the Notice but paid the proposed civil penalty of $22,400. In\naccordance with 49 C.F.R. § 190.208(a)(1), such payment authorizes the Associate\nAdministrator to make a finding of violation and to issue this Final Order.\nFINDING OF VIOLATION\nWilliams did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as\nfollows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.64(c)(1)(ii), which states:\n1 Pipeline Safety Violation Report (Violation Report), (Oct. 31, 2016) (on file with PHMSA), at 1.\n\n\n\nCPF No. 1-2016-5010\nPage 2\n§ 195.64 National Registry of Pipeline and LNG Operators.\n(a) ….\n(c) Changes. Each operator must notify PHMSA electronically through\nthe National Registry of Pipeline and LNG Operators at\nhttp://opsweb.phmsa.dot.gov, of certain events.\n(1) An operator must notify PHMSA of any of the following events not\nlater than 60 days before the event occurs:\n(i) ….\n(ii) Construction of 10 or more miles of a new or replacement\nhazardous liquid pipeline.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.64(c)(1)(ii) by failing to notify\nPHMSA of the construction of 10 or more miles of new hazardous liquid pipeline at least 60\ndays before the event occurred. Specifically, the Notice alleged that Williams failed to notify\nPHMSA of a construction project that consisted of 50 miles of new hazardous liquid pipeline\nuntil after construction of the project began. On May 8, 2014, a PHMSA inspector reviewed a\nconstruction notification submitted by Williams, dated March 24, 2014. Williams submitted the\n“Type G” (construction of 10 miles or more of line pipe) notification through the online National\nRegistry of Pipeline and LNG Operators website. Williams’ construction notification reported\nfield construction for approximately 50 miles of new hazardous liquid, interstate pipeline. The\nnotification indicated the new pipeline would start at the Oak Grove Extraction Plant in\nMoundsville, West Virginia, and end at a meter and regulator site in Houston, Pennsylvania.\nThe Notice also alleged that Williams personnel confirmed that construction of the new\nhazardous liquid line began on June 13, 2013, over nine months before the construction\nnotification was submitted to PHMSA. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 195.64(c)(1)(ii) by failing to notify PHMSA of the construction of 10 or more miles\nof new hazardous liquid pipeline at least 60 days before the event occurred.\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.\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\n2 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum\nCivil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).\n\n\n\nCPF No. 1-2016-5010\nPage 3\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 $22,400 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $22,400 for Respondent’s violation of 49 C.F.R.\n§ 195.64(c)(1)(ii), for failing to notify PHMSA of the construction of 10 or more miles of new\nhazardous liquid pipeline at least 60 days before the event occurred. Williams neither contested\nthe allegation nor presented any evidence or argument justifying elimination of the proposed\npenalty. Accordingly, having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $22,400 for violation of 49 C.F.R. § 195.64. Payment for\nthis Item was received on November 15, 2016.\nIn summary, having reviewed the record and considered the assessment criteria for the Item cited\nabove, I assess the respondent a total civil penalty of $22,400.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nJune 27, 2017\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8288}