{"operation":"document","citation":"CPF 220023003","title":"AGL RESOURCES — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-04-30","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.5, 193.2503(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220023003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220023003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220023003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220023003","body":"Notice of Probable Violation involving AGL RESOURCES. PHMSA's enforcement data identifies the cited regulations as 191.5,  193.2503(f). The case was opened on 2002-04-30 and is reported as closed as of 2003-08-15. Proposed civil penalty: $10,000. Assessed civil penalty: $10,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220023003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220023003/220023003.pdf\n\n220023003_Final Order_08152003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220023003/220023003_Final%20Order_08152003.pdf\n\n220023003_Final Order_08152003.pdf\n\n?}\nU,S. Deportrnent\nof Tron sporlolion\nReseorch ond\nSpeciol Progrom3 Adminirlrotion\n400 Seventh St . S W\nWashington. D.C 20590\nAUG 15 2003\nMr. Richard Lonn\nChief Engineer / Director\nRegulatory Compliance\nAtlanta Gas Light Company\nP.O. Box 4569\nAtlanta, GA 30302\nRe:CPFNo. 2-2002-3003\nDear Mr. l,onn:\nEnclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation of pipeline safety standards. Your receipt of\nthe Final Order constitutes service of that document under 49 C.F.R. $190.5.\nI acknowledge receipt of, and accept the wire transfer dated May 30, 2002, in the amount\nof $10,000 as payrnent in fulI of the civil penalty. This case is now closed and no further\nenforcement action is contemplated with the respect to the matters involved in this case. Thank you\nfor your cooperation in ourjoint effort to ensure pipeline safety.\nSincerely,\nW1tw\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINiSTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nAtlanta Gas Light Company\nRespondent\nCPF No. 2-2002-3003\nFINAL ORDER\nOn April 30, 2002, pursuant to Chapter 601 of49 United States Code, arepresentative ofthe Office\nof Pipeline Safety (OPS) initiated an investigation ofRespondent's report of an incident involving\nits pipeline system. As a result ofthe investigation, the Director, Southem Region, OPS, issued to\nRespondent, by letter dated April 30,2002, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordaace with 49 C.F.R. $190.207, the Notice proposed finding that\nRespondenthadviolated4g C.F.R. $$19i.5 and 193.2503(f) andproposed assessing acivilpenalty\nof$10,000 for the alleged violation.\nFINDING OF VIOLATION\nRespondent responded by letter dated May 28 ,2002,but did not contest the alteged violation of\n49 C.F.R. Part 191 and Part 193 in the Notice. Accordingly, I find that Respondent violated the\nfollowing section of Part 191 and Part 193, as more fully described in the Notice:\n49 C.F.R. $191.5 - failure to give telephonic notice to the National Response Center (NRC),\nat the earliest practicable moment following the incident which occurred on October 23,\n2000,at 7:22p.m.inChattanoog4TN. RespondentdidnotnotifytheNRCuntil 1:33a.m.\non October 24,2000.\n49 C.F.R. $ 193.2503(0-failure to follow procedures in the Operation and Maintenance\nManual by placing the IIV sensors in the \"b1pass\" mode during the liquefaction process\ninstead of the \"normal\" mode.\nThese findings of violation will be considered as prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. $ 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum ot$t,ooqooo for any related series of\nviolations.\n49 U'S'C' S 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree\nofRespondent's culpability, historyofRespondent's prioroffenses, i.espondent's abilitytopaithe\npenalty' good faith byRespondent in attempting to achieve compliance, the effect on Respondent,s\nability to continue in business, and such other matters as justicl may require.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess a civil\npenalty of $10,000, already paid by Respondent. The terms and conditions of this Final Order are\neffective upon receipt.\nAUo | 5 2003\nDate Issued\n4tw\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4394}