{"operation":"document","citation":"CPF 220051005","title":"TENNESSEE GAS PIPELINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-03-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(c), 192.707(a)(2), 192.707(d), 192.739(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220051005","body":"Notice of Probable Violation involving TENNESSEE GAS PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.605(c),  192.707(a)(2),  192.707(d),  192.739(a). The case was opened on 2005-03-08 and is reported as closed as of 2005-11-28. Proposed civil penalty: $15,000. Assessed civil penalty: $15,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220051005_Final Order_11282005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051005/220051005_Final%20Order_11282005.pdf\n\n220051005_final order_11282005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051005/220051005_final%20order_11282005_text.pdf\n\nFinal Order Tennessee Gas Pipeline Company CPF No 2-2005-1005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051005/Final%20Order%20Tennessee%20Gas%20Pipeline%20Company%20CPF%20No%202-2005-1005.pdf\n\n220051005_final order_11282005_text.pdf\n\nU. S. Department\nof rra nsportation\npipeline ond\nHazardous Moterlots safe+\nAdmlnlstrokon\n400 Seventh Street, S. W.\nWashington, D. C. 20590\nIIOV 28 I60ti\nMr. David Jones\nVice President, Eastern Operations\nTennessee Gas Pipeline Company\nan affiliate of El Paso Corporation\nP. O. Box 2511\nHouston, TX 77001\nRE: CPF No. 2-2005-1005\nDear Mr. Jones:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and assesses a civil penalty of $15, 000.\nI acknowledge receipt of, and accept payment dated April 18, 2005 in the amount of $15, 000 as\npayment in full of the civil penalty assessed against Tennessee Gas Pipeline Company in the Final\nOrder. This case is now closed. Your receipt of the Final Order constitutes service of that\ndocument under 49 C. F. R. II 190. 5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, OPS Southern Region\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\ngllCki ~ Ifl 4 ~'v, 5\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nTennessee Gas Pipeline Company,\nAa Affiliate of El Paso Corporation\nRespondent.\nCPF No. 2-2005-1005\nSouthern\nFINAL ORDER\nBetween May 10, 2004 and November 4, 2004, pursuant to 49 U. S. C. $ 60117, a representative of\nthe Office of Pipeline Safety (OP S),\nRegion conducted an on-site pipeline safety inspection\nof Respondent's facilities in Mississippi, Alabama, and Kentucky and reviewed records at the\nHeidelberg, Mississippi; Columbus, Mississippi; Catlettsburg, Kentucky; Clay City, Kentucky and\nCampbellsville, Kentucky offices. As a result of the inspection, the Director, Southern Region,\nOPS, issued to Respondent, by letter dated March 8, 2005, a Notice of Probable Violation and\nProposed Civil Penalty (Notice). In accordance with 49 C. F. R, $ 190. 207, the Notice proposed\nfinding that Respondent had committed violations of 49 C. F. R. Part 192 and proposed assessing a\ncivil penalty of $15, 000 for the alleged violations.\nRespondent responded to the Notice by letter dated April 15, 2004 (Response). Respondent did not\ncontest the allegation of violation, but offered information to explain the allegations and provided\ninformation concerning the corrective actions it has taken. Respondent did not request a hearing,\nand therefore has waived the right to one.\nFINDINGS OF VIOLATION\nUncontested\nRespondent did not contest the alleged violation of )192. 739(a) in the Notice. Accordingly, I\nfind that Respondent violated 49 C. F. R. Part 192, as more fully described in the Notice,\n49 C. F. R. I'1192. 739(a) — failure to inspect and test each pressure limiting station,\nrelief device, and pressure regulating, and pressure regulating station and its\nequipment at intervals not exceeding 15 months, but at least once each calendar\nyear. Respondent failed to demonstrate that pressure limiting and relief devices\nwere being inspected and tested at fifteen supplier delivery locations in the\nHeidelberg, Mississippi area and at fourteen locations in Columbus, Mississippi.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\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. The Nonce proposed a $15, 000 civil penalty for violation of 49 C. F. R. tj 192. 739(a).\n49 U. S. C. tj 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 civil penalty of $15, 000, as Respondent failed to inspect a\", d test each\npressure limiting station and relief device at fifteen supplier delivery locations in the Heidelberg,\nMississippi area and at fourteen locations in Columbus, Mississippi, at intervals not exceeding 15\nmonths, but at least once each calendar year, as required by 49 C. F. R. Ij192. 739(a). Respondent did\nnot contest the allegation of violation. Accordingly, having reviewed the record and considered the\nassessment criteria, I assess Respondent a civil penalty of $15, 000, already paid by the Respondent\nfor violation.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance action for Items 1, 3, and 4 in the Notice;\ntherefore, these are considered warning items. Respondent is warned that if it does not take\nappropriate action to correct these items, enforcement acuon will be taken i f a subsequent inspection\nreveals a violation.\ns and conditions of this Final Order are effective on receipt.\nNOV 28 Zpli\nDate Issued\nciao Administrator\nPipeHne Safety\n\nFinal Order Tennessee Gas Pipeline Company CPF No 2-2005-1005.pdf\n\nUS. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nMr. David Jones\nVice President, Eastern Operations\nTennessee Gas Pipeline Company\nan affiliate of El Paso Corporation\nP.O. Box 251 1\nHouston, TX 77001\nRE: CPF NO. 2-2005- 1005\nDear Mr. Jones:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and assesses a civil penalty of $15,000.\nI acknowledge receipt of, and accept payment dated April 18,2005 in the amount of $1 5,000 as\npayment in full of the civil penalty assessed against Tennessee Gas Pipeline Company in the Final\nOrder. This case is now closed. Your receipt of the Final Order constitutes service of that\ndocument under 49 C.F.R. $ 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, OPS Southern Region\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nTennessee Gas Pipeline Company, 1\n) CPF No. 2-2005-1005\nAn Affiliate of El Paso Corporation\nRespondent.\nFINAL ORDER\nBetween May 10,2004 and November 4,2004, pursuant to 49 U.S.C. 5 601 17, a representative of\nthe Office of Pipeline Safety (OPS), Southern Region conducted an on-site pipeline safety inspection\nof Respondent's facilities in Mississippi, Alabama, and Kentucky and reviewed records at the\nHeidelberg, Mississippi; Columbus, Mississippi; Catlettsburg, Kentucky; Clay City, Kentucky and\nCampbellsville, Kentucky offices. As a result of the inspection, the Director, Southern Region,\nOPS, issued to Respondent, by letter dated March 8, 2005, a Notice of Probable Violation and\nProposed Civil Penalty (Notice). In accordance with 49 C.F.R. $ 190.207, the Notice proposed\nfinding that Respondent had committed violations of 49 C.F.R. Part 192 and proposed assessing a\ncivil penalty of $15,000 for the alleged violations.\nRespondent responded to the Notice by letter dated April 15,2004 (Response). Respondent did not\ncontest the allegation of violation, but offered information to explain the allegations and provided\ninformation concerning the corrective actions it has taken. Respondent did not request a hearing,\nand therefore has waived the right to one.\nFINDINGS OF VIOLATION\nUncontested\nRespondent did not contest the alleged violation of $ l92.739(a) in the Notice. Accordingly, I\nfind that Respondent violated 49 C.F.R. Part 192, as more fully described in the Notice:\n49 C.F.R. $192.739(a)-failure to inspect and test each pressure limiting station,\nrelief device, and pressure regulating, and pressure regulating station and its\nequipment at intervals not exceeding 15 months, but at least once each calendar\nyear. Respondent failed to demonstrate that pressure limiting and relief devices\nwere being inspected and tested at fifteen supplier delivery locations in the\nHeidelberg, Mississippi area and at fourteen locations in Columbus, Mississippi.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 5 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. The Notice proposed a $15,000 civil penalty for violation of 49 C.F.R. 9 192.739(a).\n49 U.S.C. $ 60122 and 49 C.F.R. 9 190.225 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 civil penalty of $15,000, as Respondent failed to inspect and test each\npressure limiting station and relief device at fifteen supplier delivery locations in the Heidelberg,\nMississippi area and at fourteen locations in Columbus, Mississippi, at intervals not exceeding 15\nmonths, but at least once each calendar year, as required by 49 C.F.R. 9 l92.739(a). Respondent did\nnot contest the allegation of violation. Accordingly, having reviewed the record and considered the\nassessment criteria, I assess Respondent a civil penalty of $15,000, already paid by the Respondent\nfor violation.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance action for Items 1,3, and 4 in the Notice;\ntherefore, these are considered warning items. Respondent is warned that if it does not take\nappropriate action to correct these items, enforcement action will be taken if a subsequent inspection\nreveals a violation.\nT e m s and conditions of this Final Order are effective on receipt.\nfi\nta ey erard fi\nAdministrator\nPipeline Safety\nNOV 2 8 a005\nDate Issued","truncated":false,"body_characters":11387}