{"operation":"document","citation":"CPF 12023008NOPV","title":"ADELPHIA GATEWAY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-06-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.707(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023008nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023008nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023008nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023008NOPV","body":"Notice of Probable Violation involving ADELPHIA GATEWAY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.707(c). The case was opened on 2023-06-15 and is reported as closed as of 2024-03-05. Proposed civil penalty: $56,600. Assessed civil penalty: $56,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023008NOPV_Final Order_03052024_(20-187757).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023008NOPV/12023008NOPV_Final%20Order_03052024_(20-187757).pdf\n\n12023008NOPV_Final Order_03052024_(20-187757)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023008NOPV/12023008NOPV_Final%20Order_03052024_(20-187757)_text.pdf\n\n12023008NOPV_Operator Response to Notice_07142023_(20-187757).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023008NOPV/12023008NOPV_Operator%20Response%20to%20Notice_07142023_(20-187757).pdf\n\n12023008NOPV_PCO PCP_06152023_(20-187757).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023008NOPV/12023008NOPV_PCO%20PCP_06152023_(20-187757).pdf\n\n12023008NOPV_PCO PCP_06152023_(20-187757)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023008NOPV/12023008NOPV_PCO%20PCP_06152023_(20-187757)_text.pdf\n\n12023008NOPV_Final Order_03052024_(20-187757)_text.pdf\n\nMarch 5, 2024\nVIA ELECTRONIC MAIL TO: grichman@njresources.com\nMs. Ginger Richman\nPresident\nAdelphia Gateway, LLC\n1415 Wyckoff Road\nP.O. Box 1464\nWall, New Jersey 07719\nRe: CPF No. 1-2023-008-NOPV\nDear Ms. Richman:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $56,600. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated July 14, 2023. It also finds that Adelphia\nGateway, LLC, has completed the actions specified in the Notice to comply with the pipeline\nsafety regulations. This enforcement action will close in 20 days. Service of the Final Order by\ne-mail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 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: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Aaron Bass, Director of Engineering, Integrity, and Compliance, Adelphia Gateway,\nabass@njresources.com\nCONFIRMATION OF 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 )\nAdelphia Gateway, LLC, ) CPF No. 1-2023-008-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom June 1 to June 2, 2022, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected Adelphia Gateway, LLC’s (Respondent or Adelphia) pipeline project in Montgomery\nCounty, Pennsylvania. Adelphia is an 84-mile-long interstate pipeline in eastern Pennsylvania\nthat extends from Lower Mount Bethel Township in North Hampton County to Marcus Hook in\nDelaware County.1 Respondent is owned and operated by NJR Midstream, also known as\nStorage and Transportation.2\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated June 15, 2023, 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 Adelphia had committed one violation of 49 C.F.R. Part 192 and proposed\nassessing a civil penalty of $56,600 for the alleged violation. The Notice also proposed ordering\nRespondent to take certain measures to correct the alleged violation.\nAdelphia responded to the Notice by letter dated July 14, 2023 (Response). Respondent did not\ncontest the allegation of violation or the proposed compliance order, but did request that the\nproposed civil penalty be reduced. Respondent did not request a hearing and therefore has\nwaived its right to one.\n1 About Us, ADELPHIA GATEWAY, https://www.adelphiagateway.com/about/index.aspx (last\naccessed October 24, 2023).\n2 Id.\n\n\n\nFINDING OF VIOLATION\nIn its Response, Adelphia did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.707(c), which states:\n§ 192.707 Line markers for mains and transmission lines.\n(a) ….\n(c) Pipelines aboveground. Line markers must be placed and\nmaintained along each section of a main and transmission line that is located\naboveground in an area accessible to the public.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.707(c) by failing to place line\nmarkers along sections of transmission line facilities located aboveground in an area accessible\nto the public. Specifically, the Notice alleged that Adelphia failed to place line markers noting\nthe required content, including warnings, name of operator and contact telephone number at the\nPerkiomen main line valve (MLV) site and the East Perkiomen MLV site locations, which are\nlocated on Adelphia’s 18-inch diameter southern portion mainline.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Adelphia violated 49 C.F.R. § 192.707(c) by failing to place line\nmarkers along sections of transmission line facilities located aboveground in an area accessible\nto the public.\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\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; any effect that the penalty may have on its ability to continue\ndoing business; the good faith of Respondent in attempting to comply with the pipeline safety\nregulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA.\nIn addition, I may consider the economic benefit gained from the violation without any reduction\nbecause of subsequent damages, and such other matters as justice may require.\n3 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223 for adjusted\namounts.\n\n\n\nItem 1: The Notice proposed a civil penalty of $56,600 for Respondent’s violation of 49 C.F.R.\n§ 192.707(c), for failing to place line markers along sections of transmission line facilities\nlocated aboveground in an area accessible to the public. In its Response, Adelphia requested a\nreduction of the civil penalty based on its “development and implementation of a comprehensive\ncompliance program” and “enactment of damage prevention initiatives.” Adelphia’s Response\nincluded photos of newly installed line markers at the cited facilities (dated after the inspection),\na list of locations of newly installed line markers, a purchase order evidencing line marker supply\npurchases, and a statement that it had either repaired, replaced, or added over 120 pipeline\nmarkers, including those required by the proposed compliance order. Respondent further stated\nthat it “continues to execute a pipeline marker repair, replacement, remediation, and\nenhancement program.”\nPHMSA appreciates respondent’s execution of “a pipeline marker repair, replacement,\nremediation, and enhancement program” and its other described initiatives, per the Response,\nhowever, those actions occurred after PHMSA’s inspection. The correction of pipeline safety\nviolations identified during or after an inspection, but potentially prior to PHMSA’s issuance of a\nNotice of Probable Violation, is not a basis to reduce a civil penalty. Adelphia’s Response did\nnot set forth any other argument indicating that any of the factors selected in the determination of\nthe proposed civil penalty were incorrect, or that the points assigned for these factors in the civil\npenalty worksheet warrant adjustment.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $56,600 for violation of 49 C.F.R. § 192.707(c). This amount was\npaid in full by wire transfer on July 14, 2023.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for the violation of\n49 C.F.R. § 192.707(c). 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. The Director indicates that\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.707(c) (Item 1), Respondent has installed\nproper line markers in accordance with 49 C.F.R. § 192.707 at its Perkiomen and East\nPerkiomen sites and at all other aboveground natural gas facilities it owns and/or\noperates.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\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. The written petition must be received no later than\n\n\n\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nMarch 5, 2024\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":10489}