CPF 12022049NOPV
CPF 12022049NOPV
party submissionOfficial PDF12022049NOPV_Operator Response to Notice_09212022_(21-199005).pdf#
case documentOfficial PDF12022049NOPV_PCP_08182022_(21-199005).pdf#
case documentOfficial PDF12022049NOPV_PCP_08182022_(21-199005)_text.pdf#
12022049NOPV_Final Order_10112022_(21-199005)_text.pdf, page 1Official PDFOctober 11, 2022 VIA ELECTRONIC MAIL TO: andre.cangucu@engie.com Mr. André Cangucu President and Chief Executive Officer Neptune LNG, LLC 1360 Post Oak Boulevard #400 Houston, Texas 77056 Re: CPF No. 1-2022-049-NOPV Dear Mr. Cangucu: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $15,500. When the civil penalty has been paid, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA Mr. Keith Cane, Vice President, Neptune LNG, LLC, keith.crane@engie.com CONFIRMATION OF RECEIPT REQUESTED#
12022049NOPV_Final Order_10112022_(21-199005)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Neptune LNG, LLC, ) CPF No. 1-2022-049-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On August 18, 2022, pursuant to 49 C.F.R. § 190.207, the Director, Eastern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Neptune LNG, LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192 and proposed a civil penalty of $15,500. Respondent did not contest the allegations of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.807(a)(4) (Item 7) ─ Respondent failed to document the qualification method(s) utilized as required by § 192.807(a)(4). These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a total civil penalty of $15,500. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $15,500 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be charged if#
12022049NOPV_Final Order_10112022_(21-199005)_text.pdf, page 3payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. Warning Items With respect to Items 1, 2, 3, 4, 5, and 6, the Notice alleged probable violations of 49 C.F.R. §§ 192.453, 192.603(b), 192.603(b), 192.605(a), 192.605(c)(4), and 192.615(b)(2), respectively, but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. October 11, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.