# AGL RESOURCES — Notice of Probable Violation

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

Official case documents:

220023003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220023003/220023003.pdf

220023003_Final Order_08152003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220023003/220023003_Final%20Order_08152003.pdf

220023003_Final Order_08152003.pdf

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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



DEPARTMENT 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.



ASSESSMENT 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
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