{"operation":"document","citation":"CPF 12023043NOPV","title":"COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-07-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 190.203(f), 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023043nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023043nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023043nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023043NOPV","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 190.203(f),  192.605(a). The case was opened on 2023-07-28 and is reported as closed as of 2024-03-19. Proposed civil penalty: $68,800. Assessed civil penalty: $50,205. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023043NOPV_Consent Agreement and Order_03052024_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_Consent%20Agreement%20and%20Order_03052024_(21-213122).pdf\n\n12023043NOPV_Consent Agreement and Order_03052024_(21-213122)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_Consent%20Agreement%20and%20Order_03052024_(21-213122)_text.pdf\n\n12023043NOPV_Operator RtN RfH and SoI_08252023_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_Operator%20RtN%20RfH%20and%20SoI_08252023_(21-213122).pdf\n\n12023043NOPV_PCP_07282023_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PCP_07282023_(21-213122).pdf\n\n12023043NOPV_PCP_07282023_(21-213122)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PCP_07282023_(21-213122)_text.pdf\n\n12023043NOPV_PHC Hearing Canceled_03062024_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PHC%20Hearing%20Canceled_03062024_(21-213122).pdf\n\n12023043NOPV_PHC Hearing Canceled_03062024_(21-213122)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PHC%20Hearing%20Canceled_03062024_(21-213122)_text.pdf\n\n12023043NOPV_PHC Hearing Scheduled_09132023_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PHC%20Hearing%20Scheduled_09132023_(21-213122).pdf\n\n12023043NOPV_PHC Hearing Scheduled_09132023_(21-213122)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PHC%20Hearing%20Scheduled_09132023_(21-213122)_text.pdf\n\n12023043NOPV_Consent Agreement and Order_03052024_(21-213122)_text.pdf\n\nMarch 5, 2024\nVIA ELECTRONIC MAIL TO: stanley chapman III@tcenergy.com\nMr. Stanley Chapman III\nPresident and Chief Executive Officer\nColumbia Gas Transmission, LLC\n700 Louisiana Street\nHouston, Texas 77002\nCPF No. 1-2023-043-NOPV\nDear Mr. Chapman:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Columbia\nGas Transmission, LLC, which was executed on February 22, 2024. When the civil penalty has\nbeen paid, this enforcement action will be closed. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Order and Consent Agreement\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMs.Tina Faraca, Executive Vice President and President, U.S. Natural Gas Pipelines,\nColumbia Gas Transmission, tina_faraca@tcenergy.com\nMs. Amy Willis, Director, U.S. Regulatory Compliance, Columbia Gas Transmission,\namy_willis@tcenergy.com\n\n\n\nMr. Dan Cerkoney, Senior Manager, Regulatory Compliance, Columbia Gas Transmission,\ndan_cerkoney@tcenergy.com\nMr. Keith Coyle, Esq., Babst Calland, Outside Counsel for Columbia Gas Transmission,\nkcoyle@babstcalland.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 )\nColumbia Gas Transmission, LLC, ) CPF No. 1-2023-043-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated July 28, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty (Notice) to Columbia Gas Transmission, LLC (TCO or Respondent).\nIn response to the Notice, Respondent contested the alleged violation, the proposed civil penalty,\nand requested a hearing (Response). TCO also requested to meet informally with PHMSA to\ndiscuss the matters raised in its Response. Respondent and PHMSA (the Parties) subsequently\nmet to discuss the issues raised in the Response. As a result of those discussions, as explained in\nmore detail below, the Parties have agreed to a Consent Agreement by which PHMSA makes a\nfinding of violation of 49 C.F.R. § 192.605(a), and Respondent will pay a reduced civil penalty\nin the amount of $50,205.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Respondent is hereby ordered to comply with the terms of the Consent\nAgreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with\nthis Consent Order may result in the assessment of civil penalties as set forth in 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMarch 5, 2024\n_____________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\n)\nColumbia Gas Transmission, LLC, ) CPF No. 1-2023-043-NOPV\n)\n)\nRespondent. )\n)\nCONSENT AGREEMENT\nFrom November 2, 2021, through July 22, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), conducted an inspection of the procedures and records of\nColumbia Gas Transmission, LLC (TCO or Respondent). The inspection was of TCO’s pipeline\ninspection systems IS 1750, IS 1753, and IS 15900 in Pennsylvania, West Virginia, and\nKentucky, respectively. TCO, a subsidiary of TC Energy, operates approximately 12,000 miles\nof natural gas pipelines across numerous states.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated July 28, 2023, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice), which also included a warning item pursuant to 49 C.F.R. § 190.205. In accordance\nwith 49 C.F.R. § 190.207, the Notice proposed finding that TCO committed a violation (Item 1)\nof the conditions of a special permit1 (Special Permit) and proposed a civil penalty of $68,800.\nThe Notice also brought one probable violation (Item 2) as a warning, advising Respondent to\ncorrect the alleged violation or face potential future enforcement action.\nTCO timely responded to the Notice on August 25, 2023 (Response). Respondent contested\nItem 1 in the Notice and the proposed civil penalty and requested a hearing in this matter.\nRespondent also requested to meet informally with PHMSA to discuss the issues raised in the\nResponse. Respondent stated it was not contesting the warning in Item 2 of the Notice.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions, and as explained in more detail below, the Parties\n1 On April 13, 2010, PHMSA issued an order pursuant to 49 C.F.R. § 190.341 at docket no. PHMSA-2008-0331\ngranting TCO the Special Permit waiving certain requirements of 49 C.F.R. Part 192 with conditions and\nlimitations. PHMSA renewed the special permit on September 1, 2015, and March 31, 2022, with amendments\nmodifying the special permit segment definitions, special permit conditions, and special permit limitations.\n\n\n\nhave agreed to a Consent Agreement by which PHMSA makes a finding of violation of 49\nC.F.R. § 192.605(a) and Respondent will pay a reduced civil penalty assessment of $50,205 for\nthe violation.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement, the Parties hereby\nagree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it\nreceived proper notice of PHMSA’s action in this proceeding and that the Notice states claims\nupon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and\norders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Consent Agreement by issuing an\nadministrative order (Consent Order) incorporating the terms of this Agreement. The terms of this\nAgreement constitute an offer of settlement until accepted by the Associate Administrator. Once\naccepted, the Associate Administrator will issue a Consent Order incorporating the terms of this\nAgreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except as set forth herein. Respondent\nagrees to withdraw its request for an administrative hearing regarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements, or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n\n\n\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the PHMSA Eastern Region Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as otherwise specified herein, this Agreement does not constitute a finding\nof violation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault, or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nagreement or in future PHMSA enforcement actions.\n11. Upon issuance of the Consent Order, the Parties agree to the following terms.\nII. Finding of Violation:\n12. Item 1: The Notice alleged Respondent failed to follow the requirements of\nCondition 20 of the 2015 Special Permit regarding response time following the performance of\nan in-line inspection tool run in a special permit inspection area. Specifically, the Notice alleged\nTCO failed to immediately correct a crack anomaly on the 30-inch SM-80 LOOP pipeline in\naccordance with the Special Permit after documentation indicated an anomaly with a failure\npressure ratio of 0.55. During informal settlement discussions, Respondent contested the\nallegation and presented additional information regarding crack anomaly applicability under the\nprevious terms of the Special Permit, and information regarding the application of its procedures\nto such anomalies under 49 C.F.R. § 192.712, as amended by Pipeline Safety: Safety of Gas\nTransmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and\n\n\n\nOther Related Amendments, 84 Fed. Reg. 52,180 (Oct 1, 2019). As a result of the additional\ninformation presented, the Parties agree that TCO violated 49 C.F.R. § 192.605(a) by failing to\nfollow its written procedures under § 192.712(e) addressing data in the analyses of predicted or\nassumed anomalies. This finding of violation shall be considered by PHMSA as a prior violation\nin any future PHMSA enforcement action taken against Respondent.\nIII. Warning Item:\n13. Item 2: The Notice alleged TCO violated 49 C.F.R. § 192.605(a) when it failed to\nfollow its manual of written procedures. Specifically, TCO failed to follow its MAOP Verification\nProcedure when designating pipeline attributes utilized in determining pipeline segment\napplicability under § 192.624(a).\n14. For Warning Item 2, if OPS finds a violation of this provision in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nIV. Civil Penalty:\n15. Item 1: The Notice proposed a civil penalty of $68,800 for the alleged violation.\nAs discussed above, the Parties agree that a violation of 49 C.F.R. § 192.605(a) for failure to\nfollow TCO’s written procedures under 49 C.F.R § 192.712(e) addressing data in the analyses of\npredicted or assumed anomalies is appropriate. Therefore, PHMSA agrees that an amended civil\npenalty (reduced gravity consideration) is appropriate, because the anomaly location in question\ncited in the NOPV is not located within a high- or medium- consequence area (as it may\notherwise be treated within a special permit inspection area). Respondent agrees, without\nadmission, to pay a civil penalty in the amount of $50,205 for the violation in Item 1.\n16. Respondent shall pay the civil penalty in the amount of $50,205, pursuant to the\npayment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from the\nEffective Date of this Agreement.\nV. Effective Date:\n17. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nVI. Enforcement:\n18. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $266,015 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement. The maximum civil penalty\namounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.\n\n\n\nVII. Modification:\n19. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nVIII. Ratification:\n20. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n21. The Parties hereby agree to all conditions and terms of this Agreement.\nIX. Termination:\n22. This Agreement will remain in effect until the civil penalty in Section IV is paid.\nThis enforcement action will be closed upon payment.\nFor Columbia Gas Transmission, LLC:\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Eastern Region, Office of Pipeline Safety\n________________________\nDate\n\n12023043NOPV_PHC Hearing Scheduled_09132023_(21-213122)_text.pdf\n\nSeptember 13, 2023\nVIA ELECTRONIC MAIL TO: kcoyle@babstcalland.com and robert.burrough@dot.gov\nMr. Keith Coyle\nCounsel for Columbia Gas Transmission, LLC\nBabst Calland Attorneys at Law\n505 9th Street NW, Suite 602\nWashington, DC 20004\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nRe: Notice of Hearing, Columbia Gas Transmission, LLC\nCPF No. 1-2023-043-NOPV\nDear Mr. Coyle and Mr. Burrough:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous\nMaterials Safety Administration in the above-referenced case. The hearing will take place on\nApril 4th, 2024, beginning at 8:30 a.m. Eastern Time.\nThe hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite\n300, West Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present\nphoto identification to security personnel. A contact phone number for the day of the hearing is\n(609) 989-2171.\nAt least 10 calendar days prior to the hearing (or by March 25, 2024), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded. If you have any questions, please do not\nhesitate to contact me.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Stanley Chapman III, President and Chief Executive Officer, Columbia Gas\nTransmission, LLC, stanley_chapman_III@tcenergy.com\nMr. Joseph St. Peter, OPS Eastern Region Counsel, joseph.st.peter@dot.gov\n\n12023043NOPV_PHC Hearing Canceled_03062024_(21-213122)_text.pdf\n\nDate: March 6, 2024\nFrom: Larry White\nTo: File\nRe: Cancelation of Hearing, Columbia Gas Transmission, LLC\nCPF No. 1-2023-043-NOPV\nOn March 5, 2024, PHMSA issued a Consent Agreement and Order which resolved this case\nwithout any need for a hearing. Therefore, the previously scheduled hearing is automatically\ncanceled.","truncated":false,"body_characters":20280}