{"operation":"document","citation":"CPF 220031006","title":"ENABLE GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-03-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.163(c), 192.167(a)(2), 192.167(a)(4)(ii), 192.179(b)(1), 192.463(a), 192.465(a), 192.465(d), 192.481, 192.703(a), 192.707(c), 192.731(c), 192.739, 192.745.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220031006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220031006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220031006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220031006","body":"Notice of Probable Violation involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192,  192.163(c),  192.167(a)(2),  192.167(a)(4)(ii),  192.179(b)(1),  192.463(a),  192.465(a),  192.465(d),  192.481,  192.703(a),  192.707(c),  192.731(c),  192.739,  192.745. The case was opened on 2003-03-11 and is reported as closed as of 2003-08-08. Proposed civil penalty: $34,000. Assessed civil penalty: $34,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220031006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031006/220031006.pdf\n\n220031006_final order_08082003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031006/220031006_final%20order_08082003.pdf\n\n220031006_final order_08082003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031006/220031006_final%20order_08082003_text.pdf\n\n220031006_final order_08082003_text.pdf\n\nUS Department\nof Transportafton\nResearch and\nSpecial Programs\nAdministration\n400 Seventh Sl . S W\nWashington 0 C 20590\nAtf6\nMr. Walter Ferguson\nVice President, Operations\nCenterpoint Energy Gas Transmission\nPost Office Box 21734\n525 Milam Street\nShreveport, LA 71151\nRe: CPF No. 2-2003-1006\nDear Mr. Ferguson:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings ofidolation'attdassesses acivilpenaltyof$34, 000. Your\nreceipt of the Final Order constitutes service of that document under 49 C. F. R. I'1190. 5.\nI acknowledge receipt of, and accept the wire transfer dated April 17, 2003, in the amount\nof $34, 000 as payment in full of the civil penalty. This case is now closed and no further\nenforcement actions is contemplated with respect to the matters involved in this case. Thank you\nfor your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\nGwendolyn M. Hill\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nAUG y5 2603\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n).\nIn the Matter of )\nCenterpoint Energy Gas Transmission, )\n)\nRespondent )\nCPF NO. 2-2003-1006\nFINAL ORDER\nBetween June and September of 2002, pursuant to 49 U. S. C. $ 60117, a representative of the Office\nof Pipeline Safety (OPS) conducted an on-site safety inspection of Respondent's facilities and\nrecords in Arkansas, Missouri, Mississippi, and Tennessee. As a result of the inspection, the\nDirector, Southern Region, OPS, issued to Respondent by letter dated March 11, 2003, a Notice of\nProbable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. tJ 190. 207,\nthe Notice proposed finding that Respondent committed violations of 49 C. F. R. Part 192 and\nproposed assessing a civil penalty of $34, 000 for the alleged violations.\nFINDINGS OF V OLATI\nRespondent responded by letter dated March 11, 2003, and did not contest the alleged violation of\n$f 192. 703, 192. 465(a), 192. 465(d) in the Notice. Accordingly, I find that Respondent violated 49\nC. F. R. Part 192, as more fully described in the Notice:\n49 C F R. tJ 192 703(a) — failure to maintain records of line JM37 in accordance with Subpart\nM prior to 2001;\n49 C. F. R. tJ 1 92. 465(a) — failure to test the cathodic protection test stations at least once a\nyear, with intervals not exceeding 15 months; and\n49 C. F. R. $192. 465(d) — failure to take prompt remedial action to correct the deficiencies\nindicated by the monitoring;\nThe Notice (Item 12) alleged that Respondent had violated 49 C. F. R. )192. 731(c), by alleging that\nthe Emergency Shutdown System inspection and test at Hobbs Compressor Station exceeded 15\nmonths by 39 days (6/13/2000 to 10/22/2001). Although Respondent waived its right to contest by\npaying the penalty, in its response, Respondent noted that the ESD system at Hobbs station was\ntested twice in 2001, but that the January 4, 2001 test was not entered into the record keeping system.\n\n\n\nThis does not excuse the failure to have the records available for the inspector at the time of the\ninspection. Accordingly, I find that Respondent violated the following section of Part 192:\n49 C. F. R. tj192. 709(c) — failure to have a record of an Emergency Shutdown System\ninspection and test at Hobbs Compressor Station available.\nThese findings will be considered as prior offenses in any subsequent enforcement action against\nRespondent.\nASSESSMENT OF PENALTY\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. tj 60122 and 49 C. F. R. tj190. 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.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess a civil\npenalty of $34, 000, already paid by Respondent. The terms and conditions of this Final Order are\neffective upon receipt.\nDate Issued\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5546}