ENABLE GAS TRANSMISSION, LLC — Notice of Probable Violation

case documentOfficial PDF220031006.pdf#

220031006_final order_08082003_text.pdf, page 1Official PDFUS Department of Transportafton Research and Special Programs Administration 400 Seventh Sl . S W Washington 0 C 20590 Atf6 Mr. Walter Ferguson Vice President, Operations Centerpoint Energy Gas Transmission Post Office Box 21734 525 Milam Street Shreveport, LA 71151 Re: CPF No. 2-2003-1006 Dear Mr. Ferguson: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings ofidolation'attdassesses acivilpenaltyof$34, 000. Your receipt of the Final Order constitutes service of that document under 49 C. F. R. I'1190. 5. I acknowledge receipt of, and accept the wire transfer dated April 17, 2003, in the amount of $34, 000 as payment in full of the civil penalty. This case is now closed and no further enforcement actions is contemplated with respect to the matters involved in this case. Thank you for your cooperation in our joint effort to ensure pipeline safety. Sincerely, Gwendolyn M. Hill Pipeline Compliance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT RE UESTED AUG y5 2603#

220031006_final order_08082003_text.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 ). In the Matter of ) Centerpoint Energy Gas Transmission, ) ) Respondent ) CPF NO. 2-2003-1006 FINAL ORDER Between June and September of 2002, pursuant to 49 U. S. C. $ 60117, a representative of the Office of Pipeline Safety (OPS) conducted an on-site safety inspection of Respondent's facilities and records in Arkansas, Missouri, Mississippi, and Tennessee. As a result of the inspection, the Director, Southern Region, OPS, issued to Respondent by letter dated March 11, 2003, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. tJ 190. 207, the Notice proposed finding that Respondent committed violations of 49 C. F. R. Part 192 and proposed assessing a civil penalty of $34, 000 for the alleged violations. FINDINGS OF V OLATI Respondent responded by letter dated March 11, 2003, and did not contest the alleged violation of $f 192. 703, 192. 465(a), 192. 465(d) in the Notice. Accordingly, I find that Respondent violated 49 C. F. R. Part 192, as more fully described in the Notice: 49 C F R. tJ 192 703(a) — failure to maintain records of line JM37 in accordance with Subpart M prior to 2001; 49 C. F. R. tJ 1 92. 465(a) — failure to test the cathodic protection test stations at least once a year, with intervals not exceeding 15 months; and 49 C. F. R. $192. 465(d) — failure to take prompt remedial action to correct the deficiencies indicated by the monitoring; The Notice (Item 12) alleged that Respondent had violated 49 C. F. R. )192. 731(c), by alleging that the Emergency Shutdown System inspection and test at Hobbs Compressor Station exceeded 15 months by 39 days (6/13/2000 to 10/22/2001). Although Respondent waived its right to contest by paying the penalty, in its response, Respondent noted that the ESD system at Hobbs station was tested twice in 2001, but that the January 4, 2001 test was not entered into the record keeping system.#

220031006_final order_08082003_text.pdf, page 3This does not excuse the failure to have the records available for the inspector at the time of the inspection. Accordingly, I find that Respondent violated the following section of Part 192: 49 C. F. R. tj192. 709(c) — failure to have a record of an Emergency Shutdown System inspection and test at Hobbs Compressor Station available. These findings will be considered as prior offenses in any subsequent enforcement action against Respondent. ASSESSMENT OF PENALTY Under 49 U. S. C. tj 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 of $1, 000, 000 for any related series of violations. 49 U. S. C. tj 60122 and 49 C. F. R. tj190. 225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's ability to continue in business, and such other matters as justice may require. Accordingly, having reviewed the record and considered the assessment criteria, I assess a civil penalty of $34, 000, already paid by Respondent. The terms and conditions of this Final Order are effective upon receipt. Date Issued Stacey Gerard Associate Administrator for Pipeline Safety#