{"operation":"document","citation":"CPF 120183002","title":"TRANSCONTINENTAL GAS PIPE LINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-03-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2719(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120183002","body":"Notice of Probable Violation involving TRANSCONTINENTAL GAS PIPE LINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 193.2719(a)(2). The case was opened on 2018-03-28 and is reported as closed as of 2019-03-27. Proposed civil penalty: $48,000. Assessed civil penalty: $48,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120183002_Final Order_03272019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183002/120183002_Final%20Order_03272019.pdf\n\n120183002_Final Order_03272019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183002/120183002_Final%20Order_03272019_text.pdf\n\n120183002_NOPV-PCP_03282018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183002/120183002_NOPV-PCP_03282018.pdf\n\n120183002_NOPV-PCP_03282018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183002/120183002_NOPV-PCP_03282018_text.pdf\n\n120183002_Operator Response to Notice_05012018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183002/120183002_Operator%20Response%20to%20Notice_05012018.pdf\n\n120183002_Final Order_03272019_text.pdf\n\nMarch 27, 2019\nMr. Alan S. Armstrong\nPresident and Chief Executive Officer\nWilliams Partners, LP\nOne Williams Center\nTulsa, OK 74172\nRe: CPF No. 1-2018-3002\nDear Mr. Armstrong:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nTranscontinental Gas Pipe Line Company, LLC. It makes a finding of violation and assesses a\ncivil penalty of $48,000. This is to acknowledge receipt of payment of the full penalty amount,\nby wire transfer, dated May 3, 2018. 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. Clint Ratke, Manager, Pipeline Safety, Williams Partners, LP\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 )\nTranscontinental Gas Pipeline Company, LLC, ) CPF No. 1-2018-3002\na subsidiary of Williams Partners, LP, )\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nFrom August 15 through August 17, 2017, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of\nTranscontinental Pipeline Gas Company’s (Transco or Respondent) Station 240, Carlstadt\nLiquified Natural Gas facility in Carlstadt, New Jersey. Transco, a subsidiary of Williams\nPartners, LP (Williams), operates approximately 10,200 miles of gas pipelines throughout the\nUnited States.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated March 28, 2018, 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 Transco had\nviolated 49 C.F.R. § 193.2719, and proposed assessing a civil penalty of $48,000 for the alleged\nviolation.\nWilliams, on behalf of Transco, responded to the Notice by letter dated May 1, 2018 (Response).\nThe company did not contest the allegation of violation and paid the proposed civil penalty of\n$48,000 by wire transfer dated May 3, 2018. In accordance with 49 C.F.R. § 190.208(a)(1), such\npayment authorizes the Associate Administrator to make a finding of violation and issue this\nfinal order.\nFINDING OF VIOLATION\nIn its Response, Transco did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 193, as follows:\n1 Website available at https://co.williams.com/operations-2/atlantic-gulf-operating-area/transco/. (Current as of\nOctober 2, 2018).\n\n\n\nCPF No. 1-2018-3002\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 193.2719(a)(2), which states:\n§ 193.2719 Training: records.\n(a) Each operator shall maintain a system of records which –\n(1) …\n(2) Provide evidence that personnel have undergone and satisfactorily\ncompleted the required training programs.\nThe Notice alleged that Respondent violated 49 C.F.R. § 193.2719(a)(2) by failing to maintain\nrecords which evidence that personnel had undergone and satisfactorily completed the required\ntraining programs. Specifically, the Notice alleged that Transco could not present evidence that\nit had provided continuing instruction to its liquified natural gas (LNG) plant operations and\nmaintenance personnel at intervals of not more than two years to keep them current on the\nknowledge and skills gained as part of their initial training.2 According to the Notice, Transco\nenrolls its staff in the Massachusetts Fire Fighting Academy to learn about the characteristics and\nhazards of LNG, but could not provide records demonstrating compliance with the continuing\neducation requirement of § 193.2713(b).\nRespondent did not contest this allegation of violation, and stated that it would take corrective\naction to ensure training records were kept as required. Accordingly, based upon a review of all\nthe evidence, I find that Respondent violated 49 C.F.R. § 193.2719(a)(2) by failing to maintain\nrecords which evidence that personnel had undergone and satisfactorily completed the required\ntraining programs.\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.3 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; 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\n2 Section 193.2713(b) requires operators to conduct continuing instruction at intervals of not more than two years to\nkeep all personnel current on the knowledge and skills they gained in the program of initial instruction.\n3 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. 1-2018-3002\nPage 3\npenalty of $48,000 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $48,000 for Respondent’s violation of 49 C.F.R.\n§ 193.2719(a)(2), for failing to maintain records which evidence that personnel had undergone\nand satisfactorily completed the required training programs. Transco neither contested the\nallegation nor presented any evidence or argument justifying elimination of the proposed\npenalty.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $48,000 for violation of 49 C.F.R. § 193.2719(a)(2), which has\nalready been paid by wire transfer dated May 3, 2018.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nMarch 27, 2019\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8092}