# COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation

- **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:** Not available
- **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
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- **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.

Official case documents:

12023043NOPV_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

12023043NOPV_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

12023043NOPV_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

12023043NOPV_PCP_07282023_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PCP_07282023_(21-213122).pdf

12023043NOPV_PCP_07282023_(21-213122)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PCP_07282023_(21-213122)_text.pdf

12023043NOPV_PHC Hearing Canceled_03062024_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PHC%20Hearing%20Canceled_03062024_(21-213122).pdf

12023043NOPV_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

12023043NOPV_PHC Hearing Scheduled_09132023_(21-213122).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023043NOPV/12023043NOPV_PHC%20Hearing%20Scheduled_09132023_(21-213122).pdf

12023043NOPV_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

12023043NOPV_Consent Agreement and Order_03052024_(21-213122)_text.pdf

March 5, 2024
VIA ELECTRONIC MAIL TO: stanley chapman III@tcenergy.com
Mr. Stanley Chapman III
President and Chief Executive Officer
Columbia Gas Transmission, LLC
700 Louisiana Street
Houston, Texas 77002
CPF No. 1-2023-043-NOPV
Dear Mr. Chapman:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement
between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Columbia
Gas Transmission, LLC, which was executed on February 22, 2024. When the civil penalty has
been paid, this enforcement action will be closed. Service of the Consent Order and Consent
Agreement by electronic mail is deemed effective upon the date of transmission and
acknowledgement of receipt, or as otherwise 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: Consent Order and Consent Agreement
cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Ms.Tina Faraca, Executive Vice President and President, U.S. Natural Gas Pipelines,
Columbia Gas Transmission, tina_faraca@tcenergy.com
Ms. Amy Willis, Director, U.S. Regulatory Compliance, Columbia Gas Transmission,
amy_willis@tcenergy.com



Mr. Dan Cerkoney, Senior Manager, Regulatory Compliance, Columbia Gas Transmission,
dan_cerkoney@tcenergy.com
Mr. Keith Coyle, Esq., Babst Calland, Outside Counsel for Columbia Gas Transmission,
kcoyle@babstcalland.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Columbia Gas Transmission, LLC, ) CPF No. 1-2023-043-NOPV
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated July 28, 2023, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed
Civil Penalty (Notice) to Columbia Gas Transmission, LLC (TCO or Respondent).
In response to the Notice, Respondent contested the alleged violation, the proposed civil penalty,
and requested a hearing (Response). TCO also requested to meet informally with PHMSA to
discuss the matters raised in its Response. Respondent and PHMSA (the Parties) subsequently
met to discuss the issues raised in the Response. As a result of those discussions, as explained in
more detail below, the Parties have agreed to a Consent Agreement by which PHMSA makes a
finding of violation of 49 C.F.R. § 192.605(a), and Respondent will pay a reduced civil penalty
in the amount of $50,205.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. Respondent is hereby ordered to comply with the terms of the Consent
Agreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with
this Consent Order may result in the assessment of civil penalties as set forth in 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a
district court of the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 C.F.R. § 190.5.
March 5, 2024
_____________________________ ______________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
)
Columbia Gas Transmission, LLC, ) CPF No. 1-2023-043-NOPV
)
)
Respondent. )
)
CONSENT AGREEMENT
From November 2, 2021, through July 22, 2022, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter
601 of 49 United States Code (U.S.C.), conducted an inspection of the procedures and records of
Columbia Gas Transmission, LLC (TCO or Respondent). The inspection was of TCO’s pipeline
inspection systems IS 1750, IS 1753, and IS 15900 in Pennsylvania, West Virginia, and
Kentucky, respectively. TCO, a subsidiary of TC Energy, operates approximately 12,000 miles
of natural gas pipelines across numerous states.
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated July 28, 2023, a Notice of Probable Violation and Proposed Civil Penalty
(Notice), which also included a warning item pursuant to 49 C.F.R. § 190.205. In accordance
with 49 C.F.R. § 190.207, the Notice proposed finding that TCO committed a violation (Item 1)
of the conditions of a special permit1 (Special Permit) and proposed a civil penalty of $68,800.
The Notice also brought one probable violation (Item 2) as a warning, advising Respondent to
correct the alleged violation or face potential future enforcement action.
TCO timely responded to the Notice on August 25, 2023 (Response). Respondent contested
Item 1 in the Notice and the proposed civil penalty and requested a hearing in this matter.
Respondent also requested to meet informally with PHMSA to discuss the issues raised in the
Response. Respondent stated it was not contesting the warning in Item 2 of the Notice.
PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. As a result of those discussions, and as explained in more detail below, the Parties
1 On April 13, 2010, PHMSA issued an order pursuant to 49 C.F.R. § 190.341 at docket no. PHMSA-2008-0331
granting TCO the Special Permit waiving certain requirements of 49 C.F.R. Part 192 with conditions and
limitations. PHMSA renewed the special permit on September 1, 2015, and March 31, 2022, with amendments
modifying the special permit segment definitions, special permit conditions, and special permit limitations.



have agreed to a Consent Agreement by which PHMSA makes a finding of violation of 49
C.F.R. § 192.605(a) and Respondent will pay a reduced civil penalty assessment of $50,205 for
the violation.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the
environment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement, the Parties hereby
agree as follows:
I. General Provisions
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it
received proper notice of PHMSA’s action in this proceeding and that the Notice states claims
upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and
orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Consent Agreement by issuing an
administrative order (Consent Order) incorporating the terms of this Agreement. The terms of this
Agreement constitute an offer of settlement until accepted by the Associate Administrator. Once
accepted, the Associate Administrator will issue a Consent Order incorporating the terms of this
Agreement.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except as set forth herein. Respondent
agrees to withdraw its request for an administrative hearing regarding the Notice.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent’s officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete, and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements, or understandings relating
to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.



6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,
et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA's right of access, entry, inspection, and information gathering or PHMSA’s authority to
bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective
transferee at least 30 days prior to such transfer. Respondent will provide written notice of the
transfer to the PHMSA Eastern Region Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
Respondent remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as otherwise specified herein, this Agreement does not constitute a finding
of violation of any other federal law or regulation and may not be used in any civil proceeding of
any kind as evidence or proof of any fact, fault, or liability, or as evidence of a violation of any
law, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this
agreement or in future PHMSA enforcement actions.
11. Upon issuance of the Consent Order, the Parties agree to the following terms.
II. Finding of Violation:
12. Item 1: The Notice alleged Respondent failed to follow the requirements of
Condition 20 of the 2015 Special Permit regarding response time following the performance of
an in-line inspection tool run in a special permit inspection area. Specifically, the Notice alleged
TCO failed to immediately correct a crack anomaly on the 30-inch SM-80 LOOP pipeline in
accordance with the Special Permit after documentation indicated an anomaly with a failure
pressure ratio of 0.55. During informal settlement discussions, Respondent contested the
allegation and presented additional information regarding crack anomaly applicability under the
previous terms of the Special Permit, and information regarding the application of its procedures
to such anomalies under 49 C.F.R. § 192.712, as amended by Pipeline Safety: Safety of Gas
Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and



Other Related Amendments, 84 Fed. Reg. 52,180 (Oct 1, 2019). As a result of the additional
information presented, the Parties agree that TCO violated 49 C.F.R. § 192.605(a) by failing to
follow its written procedures under § 192.712(e) addressing data in the analyses of predicted or
assumed anomalies. This finding of violation shall be considered by PHMSA as a prior violation
in any future PHMSA enforcement action taken against Respondent.
III. Warning Item:
13. Item 2: The Notice alleged TCO violated 49 C.F.R. § 192.605(a) when it failed to
follow its manual of written procedures. Specifically, TCO failed to follow its MAOP Verification
Procedure when designating pipeline attributes utilized in determining pipeline segment
applicability under § 192.624(a).
14. For Warning Item 2, if OPS finds a violation of this provision in a subsequent
inspection, Respondent may be subject to future enforcement action.
IV. Civil Penalty:
15. Item 1: The Notice proposed a civil penalty of $68,800 for the alleged violation.
As discussed above, the Parties agree that a violation of 49 C.F.R. § 192.605(a) for failure to
follow TCO’s written procedures under 49 C.F.R § 192.712(e) addressing data in the analyses of
predicted or assumed anomalies is appropriate. Therefore, PHMSA agrees that an amended civil
penalty (reduced gravity consideration) is appropriate, because the anomaly location in question
cited in the NOPV is not located within a high- or medium- consequence area (as it may
otherwise be treated within a special permit inspection area). Respondent agrees, without
admission, to pay a civil penalty in the amount of $50,205 for the violation in Item 1.
16. Respondent shall pay the civil penalty in the amount of $50,205, pursuant to the
payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from the
Effective Date of this Agreement.
V. Effective Date:
17. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.
VI. Enforcement:
18. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $266,015 per violation for each day the violation continues and
referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that
Respondent is not complying with the terms of this Agreement. The maximum civil penalty
amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.



VII. Modification:
19. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.
VIII. Ratification:
20. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
21. The Parties hereby agree to all conditions and terms of this Agreement.
IX. Termination:
22. This Agreement will remain in effect until the civil penalty in Section IV is paid.
This enforcement action will be closed upon payment.
For Columbia Gas Transmission, LLC:
___________________________________
________________________
Date
For PHMSA:
________________________________________
Director, Eastern Region, Office of Pipeline Safety
________________________
Date

12023043NOPV_PHC Hearing Scheduled_09132023_(21-213122)_text.pdf

September 13, 2023
VIA ELECTRONIC MAIL TO: kcoyle@babstcalland.com and robert.burrough@dot.gov
Mr. Keith Coyle
Counsel for Columbia Gas Transmission, LLC
Babst Calland Attorneys at Law
505 9th Street NW, Suite 602
Washington, DC 20004
Mr. Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
840 Bear Tavern Road, Suite 300
West Trenton, NJ 08628
Re: Notice of Hearing, Columbia Gas Transmission, LLC
CPF No. 1-2023-043-NOPV
Dear Mr. Coyle and Mr. Burrough:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous
Materials Safety Administration in the above-referenced case. The hearing will take place on
April 4th, 2024, beginning at 8:30 a.m. Eastern Time.
The hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite
300, West Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present
photo identification to security personnel. A contact phone number for the day of the hearing is
(609) 989-2171.
At least 10 calendar days prior to the hearing (or by March 25, 2024), both parties must submit
and exchange any additional written materials they intend to present at the hearing and the name
and email address of each attendee. This information should be provided electronically.
Materials not submitted by this date may be excluded. If you have any questions, please do not
hesitate to contact me.
Sincerely,
Larry White
Presiding Official



cc: Mr. Stanley Chapman III, President and Chief Executive Officer, Columbia Gas
Transmission, LLC, stanley_chapman_III@tcenergy.com
Mr. Joseph St. Peter, OPS Eastern Region Counsel, joseph.st.peter@dot.gov

12023043NOPV_PHC Hearing Canceled_03062024_(21-213122)_text.pdf

Date: March 6, 2024
From: Larry White
To: File
Re: Cancelation of Hearing, Columbia Gas Transmission, LLC
CPF No. 1-2023-043-NOPV
On March 5, 2024, PHMSA issued a Consent Agreement and Order which resolved this case
without any need for a hearing. Therefore, the previously scheduled hearing is automatically
canceled.
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