{"operation":"document","citation":"CPF 120175032","title":"WILLIAMS FIELD SERVICES — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-11-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175032","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175032","body":"Notice of Probable Violation involving WILLIAMS FIELD SERVICES. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2017-11-09 and is reported as closed as of 2018-07-24. 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\n120175032_Final Order_07242018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175032/120175032_Final%20Order_07242018.pdf\n\n120175032_Final Order_07242018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175032/120175032_Final%20Order_07242018_text.pdf\n\n120175032_NOPV PCP_11092017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175032/120175032_NOPV%20PCP_11092017.pdf\n\n120175032_NOPV PCP_11092017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175032/120175032_NOPV%20PCP_11092017_text.pdf\n\n120175032_Operator Response To Notice_12082017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175032/120175032_Operator%20Response%20To%20Notice_12082017.pdf\n\n120175032_Final Order_07242018_text.pdf\n\nJuly 24, 2018\nMr. Alan S. Armstrong\nPresident and Chief Executive Officer\nWilliams Companies, Inc.\nOne Williams Center\nTulsa, OK 74172\nRe: CPF No. 1-2017-5032\nDear Mr. Armstrong:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nWilliams Field Services Company, LLC. It makes a finding of violation and assesses a civil\npenalty of $22,400. This is to acknowledge receipt of payment of the full penalty amount, by\nwire transfer dated December 8, 2017. This enforcement action is now closed. Service of the\nFinal Order by certified mail is effective upon the date of mailing as provided under 49 C.F.R.\n§ 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\nMr. Mark Cluff, VP Safety & Operational Discipline, Williams Field Services Company,\nLLC, Mark.Cluff@williams.com\nMr. Clint Ratke, Manager – Pipeline Safety, Williams Field Services Company, LLC,\nClint.Ratke@williams.com\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, )\na subsidiary of Williams Companies, Inc., )\nRespondent. )\n__________________________________________)\n) CPF No. 1-2017-5032\nFINAL ORDER\nFrom March 6 through 10, 2017, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Williams Field\nServices Company, LLC, a subsidiary of Williams Companies, Inc. (Williams or Respondent), in\nMoundsville, West Virginia. Williams owns and operates interstate liquid pipelines throughout\nthe states of Pennsylvania, West Virginia, Colorado, Kansas, and Wyoming. The facility\ninspected is a 50-mile pipeline initiating at the Oak Grove processing plant in Marshall County,\nWest Virginia, and running to the MarkWest Houston processing plant in Washington County,\nPennsylvania.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated November 9, 2017, 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. § 195.402, and proposed assessing a civil penalty of $22,400 for the\nalleged violation.\nWilliams responded to the Notice by letter dated December 8, 2017 (Response). The company\ndid not contest the allegation of violation and paid the proposed civil penalty of $22,400 by wire\ntransfer dated December 8, 2017. In accordance with 49 C.F.R. § 190.208(a)(1), such payment\nauthorizes the Associate Administrator to make a finding of violation and to issue this final order\nwithout further proceedings.\nFINDING OF VIOLATION\nIn its Response Williams did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\n\n\n\nCPF No. 1-2017-5032\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Williams violated 49 C.F.R. § 195.402(a) by failing to follow for each\npipeline system a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. Specifically, the\nNotice alleged that Williams failed to follow its abnormal operating conditions (AOCs)\nprocedure for completion of AOC reports.\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. § 195.402(a) by failing to follow for\neach pipeline system a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies, specifically its\nmanual for AOCs.\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.1\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; and any effect that the penalty may have on its ability to continue\ndoing business; and the good faith of Respondent in attempting to comply with the pipeline\nsafety regulations. In addition, I may consider the economic benefit gained from the violation\nwithout any reduction because of subsequent damages, and such other matters as justice may\n1 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. 1-2017-5032\nPage 3\nrequire. The Notice proposed a total civil penalty of $22,400 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $22,400 for Respondent’s violation of 49 C.F.R.\n§ 195.402(a), for failing to follow for each pipeline system a manual of written procedures for\nconducting normal operations and maintenance activities and handling abnormal operations and\nemergencies, specifically, its manual for AOCs. Williams neither contested the allegation nor\npresented any evidence or argument justifying a reduction in, or elimination of, the proposed\npenalty. The violation was an activities violation discovered by PHMSA. Although pipeline\nsafety was minimally affected, Williams failed to take appropriate action to comply with a\nrequirement that was clearly applicable, and provided no explanation or justification for the\nviolation.\nAccordingly, having reviewed the record and considered the assessment criteria for Item 1, I\nassess Respondent a total civil penalty of $22,400, which has already been paid by Respondent\nby wire transfer dated December 8, 2017.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nJuly 24, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8509}