{"operation":"document","citation":"CPF 220051004","title":"TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-03-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605, 192.705, 192.707(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220051004","body":"Notice of Probable Violation involving TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 192,  192.605,  192.705,  192.707(a)(2). The case was opened on 2005-03-17 and is reported as closed as of 2006-07-28. Proposed civil penalty: $35,000. Assessed civil penalty: $20,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220051004_Final Order_04132006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051004/220051004_Final%20Order_04132006.pdf\n\n220051004_final order_04132006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051004/220051004_final%20order_04132006_text.pdf\n\n220051004_final order_04132006_text.pdf\n\nU 5 Department\nof transportation\ntsipellne and\nHazardous Materials Safety\nAdministration\n400 Sevenar Street S W\nWashington O C 20500\nAPR 1 3 2GG6\nMr Gregory P Bilinslu\nVice President, Transmission\nTexas Eastern Transmission, L P\n5400 Westhetmer Court\nHouston, TX 77056-5310\nRe CPF No 2-2005-1004\nDear Mr Bthnskt\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case It withdraws one of the allegations of violation, makes a finding of\nviolation, and assesses a civil penalty of $20, 000 The penalty payment terms are set forth in\nthe Final Order This enforcement action closes automatically upon payment Your receipt of\nthe Final Order constitutes service of that document under 49 C F R ts 190 5\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\ncc Ms Ltnda Daugherty\nDirector, Southern Region, OPS\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE VESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of )\nTexas Eastern Transmission, L. P, )\n)\n)\nRespondent. )\nCPF No 2-2005-1004\nFINAL ORDER\nBetween May 17 and August 27, 2004, pursuant to 49 U S C l'I 60117, representatives of the\nPipeline and Hazardous Materials Safety Admmistration (PHMSA) conducted an on-site pipelme\nsafety inspection of Respondent's facilities and records in Mississippi, Arkansas, Alabama, and\nTennessee As a result of the mspection, the Director, Southern Region, PHMSA, issued to\nRespondent, by letter dated March 17, 2005, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice) In accordance with 49 C F R t't 190 207, the Notice proposed finding that\nRespondent had committed violations of 49 C F R Part 192 and proposed assessing a civil\npenalty of $35, 000 for the alleged violations\nRespondent responded to the Notice by letter dated Apnl 14, 2005 (Response) Respondent\nstated that it intended to contest two of the allegations and requested a heanng The heanng was\nheld on July 14, 2005 in Atlanta, Georgia After this heanng, Respondent provided additional\ninformation for the record on August 31, 2005\nFINDING OF VIOLATION\nItem I m the Notice alleged that Respondent violated 49 C F R lI 192 605 by fiulmg to\ndemonstrate that it followed the abnormal operating procedures for correcting the condition(s)\nthat resulted in the pipehne's maximum allowable operatmg pressure (MAOP) being exceeded\non four specified occasions In its August 31, 2005 letter, Respondent withdrew its contest of\nItem I, but provided additional information regarding this item and requested that PHMSA\nconsider reducing or eliminating the civil penalty proposed in the Notice for this item\nAccordmgly, I find that Respondent violated tl 192 605 by failmg to demonstrate that it followed\nthe abnormal operating procedures for correcting the condition(s) that resulted in the pipeline's\nmaximum allowable operating pressure (MAOP) being exceeded on four occasions\n\n\n\nThis finding of violation will be considered a prior offense in any subsequent enforcement\naction taken against Respondent\nWITHDRAWAL OF ALLEGATION\nItem 3 in the Notice alleged that Respondent violated 49 C F R 5 192 705 by failing to patrol\nthe pipeline nght-of-way in the vicimty of Mile Post 110 by a method that allowed the surface\nconditions to be observed In its response and at the hearing, Respondent submitted\ninformation demonstratmg that at least some of the patrols it had conducted dunng the\nrelevant calendar year were performed in a manner that allowed the surface conditions to be\nobserved to the extent required in a Class I area Based on this information demonstrating\ncomphance with the regulation, I am withdrawing this allegation of violation\nASSESSMENT OF PENALTY\nUnder 49 U S C g 60122, Respondent is sublect to a mvil 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\nof violations\n49 U S C t'I 60122 and 49 C F R 5190225 reqmre that, in determining the amountof the\ncivil penalty, I consider the following cnteria nature, circumstances, and gravity of the\nviolation, degree of Respondent's culpability, history of Respondent's prior offenses,\nRespondent's abihty to pay the penalty, good faith by Respondent in attempting to achieve\ncompliance, the effect on Respondent's abihty to continue in business, and such other matters\nas lusnce may require\nWith respect to Item I, the Notice proposed a civil penalty of $20, 000 for Respondent*s\nfailure to demonstrate that it followed the abnormal operating procedures for correcting the\ncondition(s) that resulted in the pipeline's MAOP being exceeded on four occasions\nResponding to and promptly correcting abnormal operating conditions is an important part of\npipeline safety Over-pressure events in particular must be fully addressed because they have\nthe potential to damage the pipehne and increase the nsk of future fiulures In its response\nand at the heanng, Respondent acknowledged that it could have better documented its\nresponse to these events, but contended that its decision not to take any corrective action was\nIustified because it beheved the cause of some of these incidents was related to equipment\nfiulure According to the record, however, there is reason to beheve that decisions made by\ngas control contributed to the MAOP being exceeded on most if not all of the specified\noccasions Respondent failed to demonstrate that any staffing dynamics or control training\nissues have been identified and addressed or other follow-up actions were taken to ensure that\nover-pressure events would not continue to reoccur Respondent has presented no information\nthat would warrant a reduction in the civil penalty amount proposed in the Notice for this\nviolation Accordingly, having reviewed the record and considered the assessment critena, I\nassess Respondent a civil penalty of $20, 000 for violating 49 C F R tl 192 605\n\n\n\nWith respect to Item 3, the Notice proposed a civil penalty of $15, 000 Since this item was\nwithdrawn, the proposed civil penalty for this item is not assessed\nAccordingly, having reviewed the record and considered the assessment cnteria, I assess\nRespondent a total civil penalty of $20, 000\nPayment of the civil penalty must be made within 20 days of service Federal regulations\n(49 C F R tt 89 21(b)(3)) require this payment be made by wire transfer, through the Federal\nReserve Communications System (Fedwire), to the account of the U S Treasury Detailed\ninstructions are contiuned in the enclosure Questions concerning wire transfers should be\ndirected to Financial Operations Division (AMZ-300), Federal Aviation Admmistration,\nMike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK 73125, (405)\n954-8893\nFailure to pay the $20, 000 civil penalty will result in accrual of interest at the current annual\nrate in accordance with 31 US C 113717, 31 C FR I'1 901 9 and49 C F R ll 8923 Pursuant\nto those same authonties, a late penalty charge of six percent (6%) per annum will be charged\nif payment is not made within 110 days of service Furthermore, failure to pay the civil\npenalty may result in referral of the matter to the Attorney General for appropnate action in a\nUnited States Distnct Court\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item 2 in the Notice,\nRespondent's fiulure to maintain visible pipeline markers at three specified locations in\naccordance with 1'I 192 707 Therefore, this is considered to be a warning item Respondent is\nwarned that if it does not take appropnate action to correct this item, enforcement action will be\ntaken if a subsequent inspection reveals a violation\nUnder 49 C F R ts 190 215, Respondent has a nght to subinit a petition for reconsideration of\nthis Final Order Should Respondent elect to do so, the petition must be received within 20 days\nof Respondent's receipt of this Final Order and must contain a brief statement of the issue(s)\nThe fihng of a petition automatically stays the payment of any civil penalty assessed However if\nRespondent submits payment for the civil penalty, the Final Order becomes the final\nadministrative decision and the nght to petition for reconsideration is waived The terms and\nconditions of this Final Order are effective on receipt\nAPR 1 3 200o\nDate Issued\nSt cey e d\nAs iat Administrator for Pipeline Safety","truncated":false,"body_characters":9241}