AGL RESOURCES — Notice of Probable Violation

case documentOfficial PDF220023003.pdf#

220023003_Final Order_08152003.pdf, page 1Official PDF?} U,S. Deportrnent of Tron sporlolion Reseorch ond Speciol Progrom3 Adminirlrotion 400 Seventh St . S W Washington. D.C 20590 AUG 15 2003 Mr. Richard Lonn Chief Engineer / Director Regulatory Compliance Atlanta Gas Light Company P.O. Box 4569 Atlanta, GA 30302 Re:CPFNo. 2-2002-3003 Dear Mr. l,onn: Enclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation of pipeline safety standards. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. $190.5. I acknowledge receipt of, and accept the wire transfer dated May 30, 2002, in the amount of $10,000 as payrnent in fulI of the civil penalty. This case is now closed and no further enforcement action is contemplated with the respect to the matters involved in this case. Thank you for your cooperation in ourjoint effort to ensure pipeline safety. Sincerely, W1tw Pipeline Compliance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT REOUESTED#

220023003_Final Order_08152003.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINiSTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Atlanta Gas Light Company Respondent CPF No. 2-2002-3003 FINAL ORDER On April 30, 2002, pursuant to Chapter 601 of49 United States Code, arepresentative ofthe Office of Pipeline Safety (OPS) initiated an investigation ofRespondent's report of an incident involving its pipeline system. As a result ofthe investigation, the Director, Southem Region, OPS, issued to Respondent, by letter dated April 30,2002, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordaace with 49 C.F.R. $190.207, the Notice proposed finding that Respondenthadviolated4g C.F.R. $$19i.5 and 193.2503(f) andproposed assessing acivilpenalty of$10,000 for the alleged violation. FINDING OF VIOLATION Respondent responded by letter dated May 28 ,2002,but did not contest the alteged violation of 49 C.F.R. Part 191 and Part 193 in the Notice. Accordingly, I find that Respondent violated the following section of Part 191 and Part 193, as more fully described in the Notice: 49 C.F.R. $191.5 - failure to give telephonic notice to the National Response Center (NRC), at the earliest practicable moment following the incident which occurred on October 23, 2000,at 7:22p.m.inChattanoog4TN. RespondentdidnotnotifytheNRCuntil 1:33a.m. on October 24,2000. 49 C.F.R. $ 193.2503(0-failure to follow procedures in the Operation and Maintenance Manual by placing the IIV sensors in the "b1pass" mode during the liquefaction process instead of the "normal" mode. These findings of violation will be considered as prior offenses in any subsequent enforcement action taken against Respondent.#

220023003_Final Order_08152003.pdf, page 3ASSESSMENT OF PENALTY Under 49 U.S.C. $ 60122, Respondent is subject to a civil penalty not to exceed $100,000 per violation for each day of the violation up to a maximum ot$t,ooqooo for any related series of violations. 49 U'S'C' S 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree ofRespondent's culpability, historyofRespondent's prioroffenses, i.espondent's abilitytopaithe penalty' good faith byRespondent in attempting to achieve compliance, the effect on Respondent,s ability to continue in business, and such other matters as justicl may require. Accordingly, having reviewed the record and considered the assessment criteria, I assess a civil penalty of $10,000, already paid by Respondent. The terms and conditions of this Final Order are effective upon receipt. AUo | 5 2003 Date Issued 4tw Associate Administrator for Pipeline Safety#