EQUITRANS MIDSTREAM CORPORATION — Notice of Probable Violation

case documentOfficial PDFcpf_220041006.pdf#

220041006_Final Order_05052005.pdf, page 1Official PDFI @ U.5. Deportment of Tronsportotion Plpeline ond Hozqrdous frlofiedqls gotefy Admlnbtrollon 400 Seventh Street, S.W. Washington, D.C. 20590 l\,|AY - 5 2005 Mr. Robert J. Cooper Compliance Manager Equitable Production I 7 I 0 Pennsylvania Avenue Charleston, WV 25302 RE: CPF No. 2-2004-1006 (Nora Transmission Pipeline) Dear Mr. Cooper: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty of $4,500. I acknowledge receipt of, and accept Equitable Production Company's paltnent datedJwte29,2004 in the amognt of $4,500 as payment in full of the civil penalty assessed against Nora Transmission Pipeline, an affiliate of Equitable Production, in the Final Order. This case is now closed. Your receipt of the Final order constitutes service of that document under 49 q.F.R. $ 190'5. Sincerely, $-.'^ fi+-- James Relmolds PiPeline ComPliance Registry Office of PiPeline SafetY Enclosure cc: Ms. Linda Daugherty, Director, OPS Southern Region o#

220041006_Final Order_05052005.pdf, page 2DEPARTMENT OF' TRANSPORTATION PIPELINE AI\D HAZARDOUS MATERIALS SAFETY ADMINISTRATION OF'F'ICE OF' PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of NORA TRANSMISSION PIPELINE An Affiliate of Equitable Production Respondent. CPFNo. 2-2004-1006 FINAL ORDER During Octob er29-30,2003, pursuantto 49U.S.C. $ 60117, representatives ofthe Office ofPipeline Safety (OPS), Southem, conducted an inspection an on-site pipeline safety inspection of Nora Transmission Pipeline, an affiliate ofEquitable Production, facilities and records in Big Stone Gap' Virginia. As a result of the inspection, the Director, Southem Region, OPS, issued to Respondent, by fetter dated Apil2Z,Z004, a Notice of Probable Violation and Proposed Civil Penalty (Notice)' ' In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent had committed violations of 49 C.F.R. Parts 191 and, 192 and proposed assessing a civil penalty of $4,500 for the alleged violations. Respondent requested an extension of time on May 18, 2004 to respond to the Notice. OnMay 26, 2004, Respondent was granted an extension until June 30, 2004 to submit a response to the Notice. Respondent responded io the Notice by letter dated June 15,2004 (Response). Respondent did not coniest the allegations ofviolation. Respondent did not request a hearing, consequently Respondent waived its right to one. FINDINGS OFVIOLATION Urucontested Respondentdidnotcontesttheallegedviolationsof$$191.17(a),192.465(a),192'615(c),192;791 1g2.706(a)intheNotice. Accordingly,IfindthatRespondentviolated4gC.F.R.Partsl9landl92' as more ful$ described in the Notice: rThi, however, is no longer before RSPA for decision. Effective February 20,2005,1he Pipeline ard "ur., Hazardous Materials Safety Adminishation (PHMSA) was created to further the highest degree of safety in pipeline transportation and hazardous materials transiortation. See' section 108 of the Norman Y' Mineta Research and Special Programs lmprovement Act (Public iaw 108-426,,118 Stat' 2423-2429 (November 30' 2004))' See also', 70 ria, n"g. sill 1r.uruury r a, igos) ieaetegating the pipeline safety fiurctions to the Administrator' PHMSA'#

220041006_Final Order_05052005.pdf, page 32 49 C.F.R. §191.17(a)- failure to submit an annual report, Form RSPA 7100.2-1, for its system within the required interval for calendar year 2000. 49 C.F.R. §192.465(a) - failure to monitor its cathodic protection systems at least once each calendar year, as there were no records of annual monitoring during the years of 2001 and 2002. 49 C.F.R. §192.615(c) - failure to maintain records in sufficient detail to demonstrate it established an effective liaison program with fire, police and other public emergency response officials. 49 C.F.R. §192.705 - failure to have records to show that it patrolled its pipelines during calendar year 2003 to observe surface conditions on and adjacent to the transmission line right-of-way for indications of leaks, construction activity, and other factors affecting safety and operation. 49 C.F.R. §192.706(a) - failure to maintain records in sufficient detail to demonstrate that it performed leakage surveys with leak detector equipment within the required interval, as there was no date on the form. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. ASSESSMENT OF PENALTY Under 49 U.S.C. § 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. § 60122 and 49 C.F.R. § 190.225 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. The Notice proposed a total civil penalty of $4,500 for violation of 49 CFR §§191.17(a), 192.465(a), 192.615(c), 192.705, and 192 706(a). The Notice proposed a total civil penalty of $4,500. The Notice proposed a civil penalty of $1,000 for Item 1, $1,000 for Item 2, $1,000 for item 6, $1,000 for Item 8, and $500 for Item 9. Respondent did not contest the violations or the civil penalty. Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $4,500, already paid by the Respondent.#

220041006_Final Order_05052005.pdf, page 4WARI{INGITEM The Notice did not propose a civil penalty or corrective action for Items 3, 4,5, and 7 but wamed Respondent that it should take appropriate corrective action to correct the items. Respondent presented information in its response showing that it has addressed the cited items. Respondent is again wamed that if OPS finds a violation in a subsequent inspection, enforcement action will be taken. The terms and conditions of this Final Order are effective on receipt. ? /qh,rleMAY - 5 ?005 Stacey Gerard Associ ate Adminishator for Pipeline Safety Date Issued#