# TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

220051004_Final Order_04132006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051004/220051004_Final%20Order_04132006.pdf

220051004_final order_04132006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051004/220051004_final%20order_04132006_text.pdf

220051004_final order_04132006_text.pdf

U 5 Department
of transportation
tsipellne and
Hazardous Materials Safety
Administration
400 Sevenar Street S W
Washington O C 20500
APR 1 3 2GG6
Mr Gregory P Bilinslu
Vice President, Transmission
Texas Eastern Transmission, L P
5400 Westhetmer Court
Houston, TX 77056-5310
Re CPF No 2-2005-1004
Dear Mr Bthnskt
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in
the above-referenced case It withdraws one of the allegations of violation, makes a finding of
violation, and assesses a civil penalty of $20, 000 The penalty payment terms are set forth in
the Final Order This enforcement action closes automatically upon payment Your receipt of
the Final Order constitutes service of that document under 49 C F R ts 190 5
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
cc Ms Ltnda Daugherty
Director, Southern Region, OPS
Enclosure
CERTIFIED MAIL - RETURN RECEIPT RE VESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In the Matter of )
Texas Eastern Transmission, L. P, )
)
)
Respondent. )
CPF No 2-2005-1004
FINAL ORDER
Between May 17 and August 27, 2004, pursuant to 49 U S C l'I 60117, representatives of the
Pipeline and Hazardous Materials Safety Admmistration (PHMSA) conducted an on-site pipelme
safety inspection of Respondent's facilities and records in Mississippi, Arkansas, Alabama, and
Tennessee As a result of the mspection, the Director, Southern Region, PHMSA, issued to
Respondent, by letter dated March 17, 2005, a Notice of Probable Violation and Proposed Civil
Penalty (Notice) In accordance with 49 C F R t't 190 207, the Notice proposed finding that
Respondent had committed violations of 49 C F R Part 192 and proposed assessing a civil
penalty of $35, 000 for the alleged violations
Respondent responded to the Notice by letter dated Apnl 14, 2005 (Response) Respondent
stated that it intended to contest two of the allegations and requested a heanng The heanng was
held on July 14, 2005 in Atlanta, Georgia After this heanng, Respondent provided additional
information for the record on August 31, 2005
FINDING OF VIOLATION
Item I m the Notice alleged that Respondent violated 49 C F R lI 192 605 by fiulmg to
demonstrate that it followed the abnormal operating procedures for correcting the condition(s)
that resulted in the pipehne's maximum allowable operatmg pressure (MAOP) being exceeded
on four specified occasions In its August 31, 2005 letter, Respondent withdrew its contest of
Item I, but provided additional information regarding this item and requested that PHMSA
consider reducing or eliminating the civil penalty proposed in the Notice for this item
Accordmgly, I find that Respondent violated tl 192 605 by failmg to demonstrate that it followed
the abnormal operating procedures for correcting the condition(s) that resulted in the pipeline's
maximum allowable operating pressure (MAOP) being exceeded on four occasions



This finding of violation will be considered a prior offense in any subsequent enforcement
action taken against Respondent
WITHDRAWAL OF ALLEGATION
Item 3 in the Notice alleged that Respondent violated 49 C F R 5 192 705 by failing to patrol
the pipeline nght-of-way in the vicimty of Mile Post 110 by a method that allowed the surface
conditions to be observed In its response and at the hearing, Respondent submitted
information demonstratmg that at least some of the patrols it had conducted dunng the
relevant calendar year were performed in a manner that allowed the surface conditions to be
observed to the extent required in a Class I area Based on this information demonstrating
comphance with the regulation, I am withdrawing this allegation of violation
ASSESSMENT OF PENALTY
Under 49 U S C g 60122, Respondent is sublect to a mvil 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 t'I 60122 and 49 C F R 5190225 reqmre that, in determining the amountof the
civil penalty, I consider the following cnteria nature, circumstances, and gravity of the
violation, degree of Respondent's culpability, history of Respondent's prior offenses,
Respondent's abihty to pay the penalty, good faith by Respondent in attempting to achieve
compliance, the effect on Respondent's abihty to continue in business, and such other matters
as lusnce may require
With respect to Item I, the Notice proposed a civil penalty of $20, 000 for Respondent*s
failure to demonstrate that it followed the abnormal operating procedures for correcting the
condition(s) that resulted in the pipeline's MAOP being exceeded on four occasions
Responding to and promptly correcting abnormal operating conditions is an important part of
pipeline safety Over-pressure events in particular must be fully addressed because they have
the potential to damage the pipehne and increase the nsk of future fiulures In its response
and at the heanng, Respondent acknowledged that it could have better documented its
response to these events, but contended that its decision not to take any corrective action was
Iustified because it beheved the cause of some of these incidents was related to equipment
fiulure According to the record, however, there is reason to beheve that decisions made by
gas control contributed to the MAOP being exceeded on most if not all of the specified
occasions Respondent failed to demonstrate that any staffing dynamics or control training
issues have been identified and addressed or other follow-up actions were taken to ensure that
over-pressure events would not continue to reoccur Respondent has presented no information
that would warrant a reduction in the civil penalty amount proposed in the Notice for this
violation Accordingly, having reviewed the record and considered the assessment critena, I
assess Respondent a civil penalty of $20, 000 for violating 49 C F R tl 192 605



With respect to Item 3, the Notice proposed a civil penalty of $15, 000 Since this item was
withdrawn, the proposed civil penalty for this item is not assessed
Accordingly, having reviewed the record and considered the assessment cnteria, I assess
Respondent a total civil penalty of $20, 000
Payment of the civil penalty must be made within 20 days of service Federal regulations
(49 C F R tt 89 21(b)(3)) require this payment be made by wire transfer, through the Federal
Reserve Communications System (Fedwire), to the account of the U S Treasury Detailed
instructions are contiuned in the enclosure Questions concerning wire transfers should be
directed to Financial Operations Division (AMZ-300), Federal Aviation Admmistration,
Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK 73125, (405)
954-8893
Failure to pay the $20, 000 civil penalty will result in accrual of interest at the current annual
rate in accordance with 31 US C 113717, 31 C FR I'1 901 9 and49 C F R ll 8923 Pursuant
to those same authonties, a late penalty charge of six percent (6%) per annum will be charged
if payment is not made within 110 days of service Furthermore, failure to pay the civil
penalty may result in referral of the matter to the Attorney General for appropnate action in a
United States Distnct Court
WARNING ITEM
The Notice did not propose a civil penalty or corrective action for Item 2 in the Notice,
Respondent's fiulure to maintain visible pipeline markers at three specified locations in
accordance with 1'I 192 707 Therefore, this is considered to be a warning item Respondent is
warned that if it does not take appropnate action to correct this item, enforcement action will be
taken if a subsequent inspection reveals a violation
Under 49 C F R ts 190 215, Respondent has a nght to subinit a petition for reconsideration of
this Final Order Should Respondent elect to do so, the petition must be received within 20 days
of Respondent's receipt of this Final Order and must contain a brief statement of the issue(s)
The fihng of a petition automatically stays the payment of any civil penalty assessed However if
Respondent submits payment for the civil penalty, the Final Order becomes the final
administrative decision and the nght to petition for reconsideration is waived The terms and
conditions of this Final Order are effective on receipt
APR 1 3 200o
Date Issued
St cey e d
As iat Administrator for Pipeline Safety
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