{"operation":"document","citation":"CPF 120181003","title":"COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2018-01-18","effective_on":null,"summary":"OPEN notice of probable violation citing 192.455(a)(2), 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120181003","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.455(a)(2),  192.603(b). The case was opened on 2018-01-18 and is reported as open. Proposed civil penalty: $115,100. Assessed civil penalty: $47,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120181003_Final Order_10102019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181003/120181003_Final%20Order_10102019.pdf\n\n120181003_Final Order_10102019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181003/120181003_Final%20Order_10102019_text.pdf\n\n120181003_NOPV PCP PCO_01182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181003/120181003_NOPV%20PCP%20PCO_01182018.pdf\n\n120181003_NOPV PCP PCO_01182018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181003/120181003_NOPV%20PCP%20PCO_01182018_text.pdf\n\n120181003_Operator Request For an Informal Meeting and Alternative Request For Hearing and Preliminary Statement of Issues (Title Page)_02272018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181003/120181003_Operator%20Request%20For%20an%20Informal%20Meeting%20and%20Alternative%20Request%20For%20Hearing%20and%20Preliminary%20Statement%20of%20Issues%20(Title%20Page)_02272018.pdf\n\n120181003_Operator Request for Hearing_02272018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181003/120181003_Operator%20Request%20for%20Hearing_02272018.pdf\n\n120181003_NOPV PCP PCO_01182018_text.pdf\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 18, 2018\nMr. Stanley Chapman III\nPresident, US Gas Pipelines\nColumbia Gas Transmission, LLC\n700 Louisiana Street\nHouston, TX 77002\nCPF 1-2018-1003\nDear Mr. Chapman:\nFrom May 2 to 20, 2016, an inspector from the Public Utilities Commission of Ohio (PUCO),\nacting as an Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected portions of Columbia Gas Transmission, LLC’s (CGT) pipeline system in Ohio. CGT,\na subsidiary of Columbia Pipeline Group Inc., was acquired by TransCanada Corporation since\ncompletion of the inspection.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 192.603 General Provisions.\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under § 192.605\nCGT failed to keep records necessary to administer the procedures established under § 192.605.\nSpecifically, CGT failed to keep records that substantiate the established MAOP of its pipelines\npursuant to § 192.619.\n\n\n\nCPF 1-2018-1003\nSection 192.605, found in subpart L of 49 CFR 192, states in part:\n“…\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following, if applicable, to provide safety during maintenance and\noperations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the requirements\nof this subpart and Subpart M of this part”\nSection 192.619, also found in subpart L of 49 CFR 192, states in part:\n“No person may operate a segment of steel or plastic pipeline at a pressure that exceeds a maximum\nallowable operating pressure determined under paragraph (c) or (d) of this section, or the lowest\nof the following…”\nDuring the inspection, the PUCO inspector requested MAOP records for jurisdictional pipeline\nsegments within PHMSA Inspection Unit 9353, Crawford/McArthur. CGT indicated that their\nEngineering group would have to find, verify and validate their MAOP documentation.\nIn response to subsequent PUCO email requests, CGT provided the spreadsheet App B-Post Code\npiping missing MAOP data for Crawford, Benton and McArthur 2016_12082016 (Missing MAOP\nSpreadsheet). The Missing MAOP Spreadsheet listed 213 rows of pipeline segments, accounting\nfor a total of 16.828 miles of pipeline, with incomplete MAOP documentation.\nThe PUCO inspector spoke to CGT on November 2, 2016 regarding the missing MAOP data. CGT\nstated that the missing MAOP documentation had not been found.\nThe information provided during the inspection and in the subsequent communications did not\ninclude sufficient records necessary to validate the MAOP of these pipeline segments. Therefore,\nCGT failed to keep records necessary to administer the procedures established under § 192.605.\n2. § 192.455 – External corrosion control: Buried or submerged pipelines installed after\nJuly 31, 1971.\n(a) Except as provided in paragraphs (b), (c), and (f) of this section, each buried or\nsubmerged pipeline installed after July 31, 1971, must be protected against\nexternal corrosion, including the following:\n…\n(2) It must have a cathodic protection system designed to protect the pipeline in\naccordance with this subpart, installed and placed in operation within 1 year after\ncompletion of construction.\nCGT did not have a cathodic protection (CP) system designed to protect the pipeline in accordance\nwith Subpart I of Part 192, installed and placed in operation within 1 year after completion of\nconstruction. Specifically, CGT did not install a cathodic protection system on 77 feet of 4-inch\ndiameter coated piping on pipeline R-486, constructed and placed into service on July 10, 2003.\n120181003_NOPV PCP PCO_01182018_text Page 2 of 5\n\n\n\nCPF 1-2018-1003\nDuring the inspection, the PUCO inspector reviewed CGT’s work management system database\n(Database). The PUCO inspector noted a 77-foot section of coated piping in the Database and\nrequested a map, procedure, installation record, and monitoring information related to CP of the\npipeline.\nOn December 8, 2016, CGT replied in part, “My understanding is that Line R-486 was a bare\nunprotected section of pipeline. There was (were) a section(s) of this line replaced with coated\npipe and not insulated. Today’s management was unaware of the missing isolation and this\nsituation predates Columbia’s current corrosion services team. It has been treated as bare\nunprotected and including active corrosion zone testing as applicable in which is a three year\ninterval for net protective current survey. It was observed by Corrosion Services Specialist within\nthe last 2 years that someone… installed a bond at an insulating flange therefore protecting this\npipeline as a single unit with impressed current. Perhaps this was the intent, perhaps not, we don’t\nknow. Unfortunately, the line continued to be electrically surveyed as bare unprotected with net\nprotective current methodology. The Corrosion Specialist removed the bond at the time of\ndiscovery because it was our understanding that this line was bare and unprotected and we did not\nhave situational awareness of replaced coated sections.”\nTherefore, CGT did not have a CP system installed and placed in operation within 1 year after the\ncompletion of construction of the 77 feet of its 4-inch diameter pipeline R-486.\nThis violation is a repeat of violation found in CPF # 1-2015-1008, Item # 1.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. The Compliance Officer has reviewed the circumstances and\nsupporting documentation involved in the above probable violation(s) and has recommended that\nyou be preliminarily assessed a civil penalty of $115,100 as follows:\nItem number\nPENALTY\n1\n2\n$ 47,500\n$ 67,600\nProposed Compliance Order\nWith respect to item(s) 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Columbia Gas Transmission.\nPlease refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. All material\nyou submit in response to this enforcement action may be made publicly available. If you believe\nthat any portion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n120181003_NOPV PCP PCO_01182018_text Page 3 of 5\n\n\n\nCPF 1-2018-1003\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, or request a\nhearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the\nAssociate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue a Final Order. If you are responding to this Notice, we propose that you\nsubmit your correspondence to my office within 30 days from receipt of this Notice. This period\nmay be extended by written request for good cause.\nPlease submit all correspondence in this matter to Robert Burrough, Director, PHMSA Eastern\nRegion, 820 Bear Tavern Road, Suite 103, West Trenton, New Jersey 08628. Please refer to\nCPF 1-2018-1003 on each document you submit, and whenever possible provide a signed PDF\ncopy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger files\nshould be sent on a CD accompanied by the original paper copy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. Pete Chace PUCO\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\n120181003_NOPV PCP PCO_01182018_text Page 4 of 5\n\n\n\nCPF 1-2018-1003\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Columbia Gas Transmission, LLC (CGT) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance of\nCGT with the pipeline safety regulations:\n1. 2. 3. 4. 5. In regard to Item Number 1 of the Notice pertaining to § 192.603 and CGT’s failure\nto keep records necessary to substantiate the established MAOP of its pipelines\npursuant to § 192.619, CGT shall determine MAOP records availability for all\njurisdictional pipeline segments operated in Ohio. Within 60 days of issuance of\nthe Final Order, CGT shall provide PHMSA a spreadsheet of the results of this\nreview, which shall include the following information:\na. b. c. d. A list of all jurisdictional pipeline segments operated by CGT in Ohio\nMAOP of the pipeline segment\nIdentification of segments that do not have adequate records\nIdentification of what required record(s) are missing for the segment\nFor each pipeline segment determined to not have adequate records necessary to\nsubstantiate the established MAOP, CGT must develop a plan to re-establish its\nMAOP in accordance with 49 CFR Part 192.619. The plan must include the\nfollowing:\na. b. c. A list of segments identified to not have adequate records\nMethod to obtain adequate records or re-establish the MAOP\nSafety measures to be taken pre- MAOP re-establishment or record obtainment.\nCGT shall provide the plan to PHMSA for review within 120 day of issuance of\nthe Final Order.\nCGT shall provide records indicating the completion of the plan elements within\n365 days of issuance of the Final Order.\nUpon request, CGT shall provide records necessary to substantiate the established\nMAOP to PHMSA within 14 days of the request.\nIt is requested (not mandated) that CGT maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses, and 2) total cost associated with replacements, additions and\nother changes to pipeline infrastructure.\n120181003_NOPV PCP PCO_01182018_text Page 5 of 5\n\n120181003_Final Order_10102019_text.pdf\n\nOctober 10, 2019\nMr. Stanley Chapman, III\nExecutive Vice President and President\nU.S. Natural Gas Pipelines\nTC Energy\n700 Louisiana Street, Suite 700\nHouston, Texas 77002\nRe: CPF No. 1-2018-1003\nDear Mr. Chapman:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nColumbia Gas Transmission, LLC. It withdraws one of the allegations of violation and its\nassociated civil penalty, makes one finding of violation, assesses a civil penalty of $47,500, and\nspecifies actions that need to be taken by Columbia Gas Transmission to comply with the\npipeline safety regulations. The penalty payment terms are set forth in the Final Order. When\nthe civil penalty has been paid and the terms of the compliance order completed, as determined\nby the Director, Eastern Region, this enforcement action will be closed. Service of the Final\nOrder 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. Lee Romack, Manager, U.S. Regulatory Compliance, TC Energy, 700 Louisiana\nStreet, Suite 700, Houston Texas 77002\nMr. Randal Broussard, Senior Vice President, U.S. Gas Operations East, Columbia Gas\nTransmission, LLC, 201 Energy Parkway, Suite 100, Lafayette, Louisiana 70508\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 )\nColumbia Gas Transmission, LLC, ) CPF No. 1-2018-1003\na subsidiary of TC Energy, )\n)\n)\n)\nRespondent. )\n______________________________________)\nFINAL ORDER\nFrom May 2 through May 20, 2016, pursuant to 49 U.S.C. § 60117, a representative of the\nPublic Utilities Commission of Ohio (PUCO), as agent for the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site\npipeline-safety inspection of the facilities and records of Columbia Gas Transmission, LLC\n(CGT or Respondent) in Ohio. CGT, a subsidiary of TC Energy, operates approximately 12,000\nmiles of pipelines and 37 gas storage fields in four states.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated January 18, 2018, 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 CGT had committed two violations of 49 C.F.R. Part 192 and proposed\nassessing a civil penalty of $115,100 for the alleged violations. The Notice also proposed that\nRespondent be required to take certain measures to correct the alleged violations.\nTC Energy, on behalf of CGT, responded to the Notice by letter dated February 27, 2018\n(Response).2 The company contested both allegations of violation and requested an informal\nmeeting, or, alternatively, a hearing. Subsequently, in March 2018, Respondent met with the\nDirector to discuss the Notice and, by letter dated September 27, 2018, withdrew its request for a\nhearing and thereby authorized the entry of this Final Order without further notice.\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:\n1 See, TC Energy website, available at https://www.tcenergy.com/operations/natural-gas/columbia-gas-\ntransmission/ (last accessed October 3, 2019).\n2 In May 2019, TransCanada Corporation changed its name to TC Energy. See, TC Energy website, available at\nhttps://www.tcenergy.com/TC-Energy/ (last accessed October 3, 2019).\n\n\n\nCPF No. 1-2018-1003\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.603(b), which states:\n§ 192.603 General provisions.\n(a) . . .\n(b) Each operator shall keep records necessary to administer the\nprocedures established under § 192.605.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.603(b) by failing to keep records\nnecessary to administer its manual of written procedures for operations, maintenance and\nemergencies established under § 192.605.3 Specifically, the Notice alleged that CGT had failed\nto keep records that substantiated the established maximum allowable operating pressure\n(MAOP) of its pipelines pursuant to § 192.619.\nSubparagraph § 192.605(b)(1) requires that an operator’s procedural manual include procedures\nfor “[o]perating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this [Subpart L] and Subpart M of this Part.” Under Subpart L, § 192.619 sets\nrequirements for establishing the MAOP of steel pipelines:\n§ 192.619 Maximum allowable operating pressure: Steel or plastic\npipelines.\n(a) No person may operate a segment of steel or plastic pipeline at a\npressure that exceeds a maximum allowable operating pressure determined\nunder paragraph (c) or (d) of this section, or the lowest of the following…”\nThe section lists a number of options that an operator has to establish a safe MAOP, including\nthe design pressure of the weakest segment, certain test-pressure calculations, or a combination\nof historical actual operating conditions. In addition, the operator must keep records necessary to\ndocument how it determined the calculated MAOP.\nAccording to the Notice, the PUCO inspector requested the company’s MAOP records for\nPHMSA-regulated pipeline segments within PHMSA Inspection Unit 9353, Crawford/McArthur\n(Ohio). Subsequently, CGT provided an MAOP spreadsheet accounting for 16.828 miles of\npipeline that allegedly contained incomplete MAOP documentation. The PUCO inspector spoke\nwith CGT on November 2, 2016, regarding the missing MAOP data and was told that the\nmissing MAOP documentation had not been found. The information provided during the\ninspection and in subsequent communications did not include sufficient records necessary to\nvalidate the MAOP of these pipeline segments.\nIn its September 27, 2018 letter, CGT withdrew its objection to this allegation of violation and\nrequest for an informal hearing. Accordingly, after considering all of the evidence, I find that\nRespondent violated 49 C.F.R. § 192.603(b) by failing to keep records necessary to administer\nits written procedures established under § 192.605.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n3 Section 192.605 requires all operators of gas pipelines to prepare and follow for each pipeline a manual of written\nprocedures for conducting normal operations and maintenance activities, and for emergency response.\n\n\n\nCPF No. 1-2018-1003\nPage 3\nWITHDRAWAL OF ALLEGATION OF VIOLATION\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.455(a)(2), which states:\n§ 192.455 External corrosion control: Buried or submerged pipelines\ninstalled after July 31, 1971.\n(a) Except as provided in paragraphs (b), (c), and (f) of this section,\neach buried or submerged pipeline installed after July 31, 1971, must be\nprotected against external corrosion, including the following:\n(1) . . .\n(2) It must have a cathodic protection system designed to protect the\npipeline in accordance with this subpart, installed and placed in operation\nwithin 1 year after completion of construction.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.455(a)(2) by failing to have a\ncathodic protection (CP) system designed to protect its pipeline in accordance with Part 192,\nSubpart I, installed and placed in operation within one year after completion of construction.\nSpecifically, the Notice alleged that CGT had not installed a CP system on 77 feet of its 4-inch-\ndiameter coated piping on Pipeline R-486, which was constructed and placed into service on July\n10, 2003.\nDuring the inspection, the PUCO inspector reviewed CGT’s work-management system database\n(Database). The PUCO inspector noted a 77-foot section of coated piping in the Database and\nrequested a map, procedure, installation record, and monitoring information related to the CP on\nthis pipeline.4\nFollowing the March 2018 informal meeting with OPS Eastern Region, CGT provided records\nfrom 2002 to 2016 that had not been previously presented during the PHMSA inspection. These\nrecords demonstrated that CGT did indeed have a CP system installed and placed in operation\nwithin one year of completing the construction of the subject 77-foot pipeline segment on\nPipeline R-486. PHMSA’s Regional Director accepted this new evidence as demonstrating\ncompliance with 49 C.F.R. § 192.455(a)(2).\nAccordingly, based upon the foregoing, I hereby order that Item 2 be withdrawn.\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.5 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,\n4 The monitoring of pipelines under cathodic protection is required under 49 C.F.R. § 192.465 in order to determine\nwhether corrosion-protection levels are adequate.\n5 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223; Revisions to Civil Penalty Amounts,\n83 Fed. Reg. 60732, 60744 (Nov. 27, 2018).\n\n\n\nCPF No. 1-2018-1003\nPage 4\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; any effect that\nthe penalty may have on its ability to continue doing business; and the good faith of Respondent\nin attempting to comply with the pipeline safety regulations. In addition, I may consider the\neconomic benefit gained from the violation without any reduction because of subsequent\ndamages, and such other matters as justice may require. The Notice proposed a total civil\npenalty of $115,100 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $47,500 for Respondent’s violation of 49 C.F.R.\n§ 192.603(b), for failing to keep records necessary to administer the procedures established\nunder § 192.605. In Respondent’s September 27, 2018 letter, Respondent agreed to pay the\nproposed penalty.6 Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $47,500 for violation of 49 C.F.R. § 192.603(b).\nItem 2: The Notice proposed a civil penalty of $67,600 for Respondent’s violation of 49 C.F.R.\n§ 192.455(a)(2), for failing to have a CP system designed to protect its pipeline in accordance\nwith Part 192, Subpart I, installed and placed in operation within one year after completion of\nconstruction. Having withdrawn Item 2, I hereby withdraw the proposed civil penalty associated\nwith this Item.\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total reduced civil penalty of $47,500.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations (49\nC.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.\nThe Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $47,500 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 49\nC.F.R. §§ 192.603(b). 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.\n6 Hearing request withdrawal letter (on file with PHMSA), at 1.\n\n\n\nCPF No. 1-2018-1003\nPage 5\nWith regard to the violation of § 192.603(b) (Item 1), Respondent requested that the proposed\ncompliance terms be modified in order to allow CGT more time to re-establish the MAOP for\nsegments lacking adequate records. The Director has recommended that the compliance order be\nmodified accordingly.\nFor the above reasons, the Compliance Order is modified as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations:\n1. With respect to the violation of § 192.603(b) (Item 1), Respondent must determine\nMAOP records availability for jurisdictional pipeline segments operated in Ohio that\nare located in Class 3 locations, High Consequence Areas (HCAs), and post-1970\nsegments in Class 1 and 2 locations. CGT must provide PHMSA with a spreadsheet\nshowing the results of this review by December 31, 2019. The following information\nmust be included in the spreadsheet:\na. A list of jurisdictional pipeline segments operated by CGT in Ohio, as per the\nabove requirements;\nb. The MAOP of each pipeline segment;\nc. Identification of segments that do not have adequate records; and\nd. Identification of which required record(s) are missing for the segment.\n2. With respect to the violation of § 192.603(b) (Item 1), Respondent must, for each\npipeline segment determined to have inadequate records necessary to substantiate the\nestablished MAOP, develop a plan to re-establish its MAOP in accordance with 49\nCFR § 192.619. CGT must provide the plan to PHMSA for review by December 31,\n2019. The plan must include the following:\na. A list of segments identified as having inadequate records;\nb. A method to obtain adequate records or re-establish the MAOP; and\nc. The safety measures to be taken before the MAOP is re-established or records\nobtained.\n3. With respect to the violation of § 192.603(b) (Item 1), Respondent must provide\nrecords indicating the completion of the plan elements in Item 2 above and updates on\nthe progress biannually (submissions due by June 30 and December 31 each year),\nincluding the following:\na. By December 31, 2021, CGT must remediate a minimum of 50% of the\nMAOP gaps in HCA and Class 3 locations;\nb. By December 31, 2023, CGT must remediate all MAOP gaps on the identified\nsegments in HCA and Class 3 locations in Ohio; and\nc. By December 31, 2027, CGT must remediate MAOP gaps on the identified\npost-1970 segments in Class 1 and Class 2 locations in Ohio.\n4. Upon request, CGT must provide records necessary to substantiate the established\nMAOP to PHMSA within 14 days of the request.\n\n\n\nCPF No. 1-2018-1003\nPage 6\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays\nthe payment of any civil penalty assessed. The other terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nOctober 10, 2019\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":30531}