{"operation":"document","citation":"CPF 220031009","title":"BBT ALATENN, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-06-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.463(a), 192.465(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220031009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220031009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220031009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220031009","body":"Notice of Probable Violation involving BBT ALATENN, LLC. PHMSA's enforcement data identifies the cited regulations as 192,  192.463(a),  192.465(d). The case was opened on 2003-06-10 and is reported as closed as of 2004-09-21. Proposed civil penalty: $2,500. Assessed civil penalty: $2,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220031009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031009/220031009.pdf\n\n220031009_Final Order_10302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031009/220031009_Final%20Order_10302003.pdf\n\n220031009_final order_10302003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031009/220031009_final%20order_10302003_text.pdf\n\n220031009_final order_10302003_text.pdf\n\nUS Department\nof Transportation\nResearch and\nSpecial Programs Administration\n400 Seventh St S W\nWashington DC 20590\nOCT 30 «t\". 0\";\nRich Adams\nVice President, Operations and Technology\nEnbridge Energy Company, Inc.\n1100 Louisiana\nSuite 3300\nHouston, Texas 77002\nRe: CPF No. 2-2003-1009\nDear Mr. Adams:\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 $2, 500. The\npenalty 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 49 C F. R.\n) 190. 5.\nSincerely,\nGwendolyn M. Hill\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of )\nEnbridge Energy Company, Inc. )\nRespondent. )\n)\n)\n)\nCPF No. 2-2003-1009\nFINAL ORDER\nOn May 12 - 15, 2003, pursuant to 49 U. S. C. $ 60117, a representative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipehne safety inspection of Respondent's facihties in\nMississippi, Tennessee and Alabama, and records in Alabama. As a result of the inspection, the\nDirector, Southern Region, OPS, issued to Respondent, by letter dated June 10, 2003, a Notice of\nProbable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. ) 190. 207,\nthe Notice proposed finding that Respondent had violated 49 C. F. R. $) 192. 463 and 192. 465 and\nproposed assessing a civil penalty of $2, 500 for the alleged violations. The Notice also warned\nRespondent to take appropriate corrective action.\nRespondent responded to the Notice by letter dated July 7, 2003 (Response). Respondent did not\ncontest the allegations of violation but provided information concerning the corrective actions it has\ntaken. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I find\nthat Respondent violated the following sections of 49 C. F. R. Part 192, as more fully described in the\nNotice:\n49 C. F. R. ) 192. 463 — failing to provide a proper level of cathodic protection for two short\nsections of unprotected buried piping;\n49 C. F. R. ) 192. 465 — failing to take prompt remedial action to correct low pipe-to-soil\npotential readings for three consecutive years;\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent.\n\n\n\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. $ 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 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 $2, 500 for the violations. With respect to Item 1,\nRespondent did not dispute the findings. It provided information regarding how it cleared the short\nand is currently providing adequate cathodic protection. However, Respondent did not provide any\nmitigating factors. Therefore, having reviewed the record and considered the assessment criteria,\nI assess a civil penalty of $1, 000.\nWith respect to Item 2, although Respondent did not dispute the findings, Respondent attempted to\nassert that it addressed the low pipe-to-soil potentials prior to the OPS inspection. While this\nassertion may be correct, it does not negate the violation which alleged that Respondent failed to\naddress low pipe to soil potentials for 3 consecutive years. The date of the last low reading was\nApril 2002, well before the May 2003 OPS inspection. Accordingly, having reviewed the record and\nconsidered the assessment criteria, I assess a civil penalty of $1, 500.\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to \"U. S.\nDepartment of Transportation\" to the Federal Aviation Administration, Mike Monroney Aeronautical\nCenter, Financial Operations Division (AMZ-120), ATTN: Jacqueline Murphy, P. O. Box 25082,\nOklahoma City, OK 73125.\nFederal regulations (49 C. F. R. ( 89. 21(b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U. S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.\nFailure to pay the $2, 500 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U. S. C. ( 3717, 31 C. F. R. ) 901. 9 and 49 C. F. R. ( 89. 23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6'/o) 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.\n\n\n\nWARNING ITEMS\nThe Notice did not propose a civil penalty or corrective action for three items listed in the Notice;\ntherefore, these are considered warning items. Respondent presented information in its Response\nshowing that it is addressing the cited items. Respondent is again warned that if OPS finds a\nviolation for any of these items in a subsequent inspection, enforcement action will be taken.\nUnder 49 C. F. R. $ 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.\nOCT 3 0;&'i.\nDate Issued\nacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7709}