{"operation":"document","citation":"CPF 220025014","title":"TRI-STATES NGL PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-05-30","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.403(c), 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220025014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220025014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220025014","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220025014","body":"Notice of Probable Violation involving TRI-STATES NGL PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195,  195.402(a),  195.403(c),  195.420(b). The case was opened on 2002-05-30 and is reported as closed as of 2005-05-04. Proposed civil penalty: $20,000. Assessed civil penalty: $20,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220025014_Final Order_05042005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220025014/220025014_Final%20Order_05042005.pdf\n\ncpf_220025014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220025014/cpf_220025014.pdf\n\n220025014_Final Order_05042005.pdf\n\n@\nU.S. Deponment\nof Tronsporlotion\nPlpellne ond\nHozqrdoui moledoB Sototy\nAdmlnistrotion\n400 Seventh Street, S.W.\nWashlnglon, D.C. 20590\nMAY - 4 ilrl\nMr. Robert Purgason\nVice President\nWTS - NGL Pipeline ComPanY\nOne Williams Center, 35h Floor\nTulsa,OK 74172\nRE: CPF No. 2-2002-5414\nDear Mr. Purgason:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding ofviolation and assesses a civil penalty of$20,000' I\nacknowledge receipt of, and accept WFS - NGL Pipeline Company, William Energy Service's,\npayment da-ted June 28, 2002, in the amount of $20,000 as payment in full of the civil penalty\n\"rr\"rr\"a against Respondent in the Final Order. This case is now closeC' Your receipt of the Final\nOrder conititutes service of that document under 49 C'F'R' $ 190'5'\nSincerely,\n+^^lL\nJames ReYnolds\nPiPeline ComPliance Registry\nOffice of PiPeline SafetY\nEnclosure\ncc: Mr. Michael C. Pearson, PE, Williams Energy Services\nMs. Linda Daugherty, Director, OPS Southem Region\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AIID HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION\nOFFICE OF PIPELINE SAF'ETY\nWASHINGTON, DC 20590\nIn the Matter of\nWF'S -NGL PIPELINE COMPANY\nRespondent.\nCPn'No. 2-2002-5014\nFINAL ORDER\nDuring May 6-10, 2002, pursuant to 49 U.S.C. $ 60117, representatives of the Office of Pipeline\nSafety (OPS), Southem, conducted an inspection an on-sitepipeline safetyinspection ofWFS - NGL\nPipeline Company, Williams Energy Services, facilities in Alabama and Mississippi and records in\nCoden, Alabama. As a result of the inspection, the Director, Southern Region, OPS, issued to\nRespondent, by letter dated May 30, 2002, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice)t. In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that\nRespondent had committed a violation of 49 C.F.R. S 195.420(b) and proposed assessing a civil\npenalty of $20,000 for the alleged violation.\nRespondent responded to the Notice by letter dated June 24, 2002 (Response). Respondent did not\ncontest the allegation ofviolation or proposed civil penalty. Respondent did not request a hearing,\nconsequently Respondent waived its right to one.\nF'INDINGS OFVIOLATION\nUncontested\nRespondentdidnotcontesttheallegedviolationof$195.420(b),intheNotice. Accordingly, Ifind\nthat Respondent violated 49 C.F.R. Parts 195, urs more fully described in the Notice:\n49 C.F.R.$195.a20(b)- failure to ilspect each mainline valve to determine that they\nare functioningproperlyatintervals notexceeding7/zmonths,but at leasttwice each\ncalendar vear.\nThis case, however, is no longer before RSPA for decision. Effective February 20, 2005, the Pipeline and\nHazardous Materials Safety Administration (PHMSA) was created to further the highest degree of safety in pipeline\ntransportation and hazardous materials transportation. See, section 108 of the Norman Y. Mineta Research and\nSpecial programs Improvement Act (Public Law 108-426, I 18 Stat. 2423-2429 (November 30, 2004). See also, 70\nfea. Reg. g-91 6ebruary 18, 2005) redelegating the pipeline safety functions to the Administrator, PHMSA.\n\n\n\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\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 of $1,000,000 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 of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faittr by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $20,000 for violation of 49 CFR $195.420(b), as\nRespondent failed to inspect each mainline valve to determine that they are functioning properly at\nintervals not ex ceedingTYzmonths, but at least twice each calendar year. Respondent did not contest\nthe violation or the civil penalty. Accordingly, having reviewed the record and considered the\nassessment criteria, I assess Respondent a civil penaltyof $20,000, alreadypaid by the Respondent.\nWARNINGITEM\nThe Notice did not propose a civil penalty or corrective action for Items I and 2 but wamed\nRespondent that it should take appropriate corrective action to correct the items. Respondent\npresented information in its response showing that it has addressed the cited items. Respondent is\nagain warned that if OPS finds a violation in a subsequent inspection, enforcement action will be\ntaken.\nThe terms and conditions of this Final Order are effective on receipt.\nflo\n/(- L't-' qfu-rhMAY - 4 2005\nStacey Gerard\nDate IssuedAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5739}