{"operation":"document","citation":"CPF 220030001","title":"ATLANTA GAS LIGHT CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-01-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220030001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220030001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220030001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220030001","body":"Notice of Probable Violation involving ATLANTA GAS LIGHT CO. PHMSA's enforcement data identifies the cited regulation as 191.5. The case was opened on 2003-01-08 and is reported as closed as of 2003-08-08. 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\n220030001.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220030001.pdf\n\n220030001_final order_08082003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220030001_final%20order_08082003.pdf\n\n220030001_final order_08082003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220030001_final%20order_08082003_text.pdf\n\n220031001_final order_05102004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220031001_final%20order_05102004.pdf\n\n220031001_final order_05102004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220030001/220031001_final%20order_05102004_text.pdf\n\n220031001_final order_05102004_text.pdf\n\nO\nU S. Department\nof Transporfafton\nResearch and\nSpecial Procframs\nAdministration\n400 Seventh Sl S W\nWaahtnglon D C 20590\nMAY 10 2004\nMr. Lee Edwards\nPresident\nBP Pipelines North America, Inc.\n801 Warrenville Road\nLisle, IL 60532\nRe: CPF No. 2-2003-1001\nDear Mr. Edwards:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and assesses a civil penalty of $15, 000. The\nenalt payment terms are set forth in the Final Order. This enforcement action closes automatically\nupon payment. Your receipt of the Final Order constitutes service of that document under 9 C.\nIf' 190. 5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nBP Pipelines\nNorth America, Inc.\nRespondent.\nCPF No. 2-2003-1001\nFINAL ORDER\nOn October 22 — 23, 2002, pursuant to 49 U. S. C. fJ 60117, a representative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities throughout\nMississippi and records in Moss Point, Mississippi. As a result of the inspection, the Director,\nSouthern Region, OPS, issued to Respondent, by letter dated January 29, 2003, a Notice of Probable\nViolation and Proposed Civil Penalty (Notice), which also contained warning items. In accordance\nwith 49 C. F. R. 1J 190. 207, the Notice proposed finding that Respondent had violated 49 C. F. R.\ntJ 192. 736(c) and proposed assessing a civil penalty of $20, 000 for the alleged violation.\nRespondent responded to the Notice by letter dated March 3, 2003 (Response). Respondent did not\ncontest the allegations of violation but provided information concerning the corrective actions it has\ntaken and requested that the proposed civil penalty be reduced or eliminated. Respondent did not\nrequest a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I find\nthat Respondent violated the following section of 49 C. F. R. Part 192, as more fully described in the\nNotice:\n49 C. F. R. t'I 192. 736(c) -- failing to test the gas detection systems at the Moss Point and Sand\nHill compressor stations for a period of two years. Respondent's safety manual indicated\nthat these compressors were scheduled to be tested on a quarterly basis.\nThis finding of violation will be considered a Ho offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U. S. C. ft 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. tj 60122 and 49 C. F. R. tj 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 faith 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 C. F. R. tj 192. 736(c).\nI have determined that Respondent has no financial circumstances that would prevent it from paying\non the assessed amounts and that Respondent's ability to continue in business will not be\nsignificantly affected.\nOPS inspectors stated that Respondent demonstrated good faith in responding to the violations\nalleged in the Notice, and that Respondent quickly initiated action to correct items identified in the\nNotice and in this Final Order. OPS staffhave taken Respondent's good faith into account when\nproposing civil penalties in the Notice, as well as in post-Response recommendations.\nThe violated regulation addresses an issue of utmost importance to safeguarding Respondent's\nemployees and prevent potential property damage due to fire or explosion. Scheduled testing at\nreasonable intervals is necessary to ensure that a working gas detection system is in place to prevent\npotentially disastrous consequences for Respondent and its employees.\nIn its Response, Respondent indicated that it tested its gas detection systems installed at the Moss\nPoint and Sand Hill compressor stations on November 15, 2002. Respondent also visual and audible\nalarm systems at both compressor stations to warn persons entering the stations of gas build-up. I\nrecognize Respondent's good faith in attempting to achieve compliance before receiving the Notice,\nand reduce the proposed civil penalty by $5, 000 in light of Respondent's prompt action.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess Respondent\na total civil penalty of $15, 000.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C. F. R. tj 89. 21(b)(3)) require this payment be made by wire transfer, through the Federal Reserve\nCo-„„mur;ications System (Fedwire), to the account of the U. S. Treasury. Detailed instructions are\ncontained in the enclosure. Questions concerning wire transfers should be directed to: Financial\nOperations Division (AMZ-1 20), Federal Aviation Administration, Mike Monroney Aeronautical\nCenter, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719\n\n\n\nFailure to pay the $15, 000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U. S, C. tl 3717, 31 C. F. R. tt 901. 9 and 49 C. F. R. 1'1 89. 23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action in a United States District Court.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or corrective action for the following Items 2 and 3 in the\nNotice. Respondent presented information in its Response showing that it has addressed the cited\nitems. Respondent is again warned that if OPS finds a violation for any of these items in a\nsubsequent inspection, enforcement action will be taken.\nUnder 49 C. F. R. 1'1 190. 215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The filing of the petition automatically\nstays the payment of any civil penalty assessed. However if Respondent submits payment for the\ncivil penalty, the Final Order becomes the final administrative decision and the right to petition for\nreconsideration is waived. The terms and conditions of this Final Order are effective on receipt.\ntty ~\ne Arhninistrtttor\nfor Pipeline Safety\nPAY 10 \". \"04\nDate Issued\n\n220030001_final order_08082003_text.pdf\n\nO\ne00 Sevenrn Si 5 w\nwesnsnsien DC 20590\nAIIG -8 2003\nMr. Richard Lonn\nChief Engineer I Director\nRegulatory Compliance\nAtlanta Gas Light Company\nP. O. Box 4569\nAtlanta, GA 30302\nRe: CPF No. 2-2003-0001\nDear Mr. Lonn:,\nEnclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove refcrcnccd case. It makes a finding of violation of pipeline safety standards. Your receipt\nof the Final Order constitutes service of that document under 49 C. F. R. 49190. 5.\nI acknowledge receipt of and accept the wire transfer dated February 5, 2003, in the amount\nof $10, 000 as payment in full of the civil penalty. This case is now closed and no further\nenforcement action is contemplated with the respect to the inatters involved in this case. Thank you\nfor your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\nGwcndolyn M. Hill\nPipeline Comphance Registry\nOffice of Pipeline Safety\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMfNISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn thc Matter of )\nAtlanta Gas Light Company )\n)\n)\n)\nRespondent )\nCPF No. 2-2002-5006\nOn January 8, 2003, pursuant to Chapter 601 of 49 United States Code, a representative of the\n0%ce of Pipeline Safety (OPS) initiated an investigation of Respondent's report of an incident\ninvolving its pipeline system. As a result of thc investigation, the Director, Southern Region, OPS,\nissued to Respondent, by letter dated January 8, 2003, a Notice of Probable Violation and Proposed\nCivil Penalty (Notice). In accordance with 49 C. F. R. I) I 90. 207, the Notice proposed finding that\nRespondent had violated 49 C. F. R. t) 191. 5 and proposed assessing a civil penalty of $ I 0, 000 for\nthe alleged violation.\nRespondent responded by letter dated February 4, 2003, but did not contest the alleged violation\nof 49 C. F. R. Part 191 in the Notice, Accordingly, I find that Respondent violated the following\nsection of Part 191, as more fully described in the Notice:\n49 C. F. R, tt191. 5 — failure to give telephonic notice to the National Response Center (NRC),\nat the earliest practicable moment following the incident which occurred on November 29,\n2002, at 8:05 pm. in Brunswick, GA. Respondent did not notify the NRC until 10:22 p. m.\non December I, 2002. The incident resulted in the loss of service to approximately 3, 654\ncustomers on St. Simons and Sca Island, GA.\nThis finding of violation will be ctntstdttsadas a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nUnder 49 U. S. C. tj 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. II 60122 and 49 C. F. R. II 190. 225 require that, in dctcrmining the amount of the civil\npenalty, I consider thc 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 faith by Respondent in attcrnpting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice 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 rcceipL\nAUG -8 2003\nGcrard\nAssociate Administrator\nfor Pipeline Sal'ety","truncated":false,"body_characters":11760}