{"operation":"document","citation":"CPF 220051009","title":"KENTUCKY - WEST VIRGINIA GAS CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-08-01","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220051009","body":"Notice of Probable Violation involving KENTUCKY - WEST VIRGINIA GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.603(b). The case was opened on 2005-08-01 and is reported as closed as of 2006-02-16. Proposed civil penalty: $23,400. Assessed civil penalty: $23,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220051009_Final Order_02162006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051009/220051009_Final%20Order_02162006.pdf\n\nCPF NO  2-2005-1009 KENTUCKY-WEST VIRGINIA GAS.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051009/CPF%20NO%20%202-2005-1009%20KENTUCKY-WEST%20VIRGINIA%20GAS.pdf\n\n220051009_Final Order_02162006.pdf\n\n@\nU.S. Deporfment\nof Tronsportolion\nPlpellne qnd\nHqzqntous ltqferiols Sqlety\nAdmlnlstrq0lon\n400 Seventh Street. S.W.\nWashington, D.C- 20590\nFEil I 6 1,,,:,i\nMr. Jefferson C. Burke\nPresident & General Manager\nKentucky-West Virginia Gas\n748 North Lake Drive\nPrestonsburg, KY 41653\nRE:CPF No. 2-2005-1009\nDear Mr. Burke:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $23,400.\nI acknowledge leceipt of, and accept Kentucky-West's payment dated August 29, 2005 in the\namount of $23,400 as payment in full of the civil penalty assessed in the Final Order. This case\nis now closed. Your receipt of the Final Order constitutes service of that document under 49\nc.F.R. I 190.5.\nSincerely,\nilrr\n+*^ lL 1-_\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline SafetY\nEnclosure\ncc: Ms. Linda Daugherty, Director, OPS Southern Region\nCERTIFIED iliAiL - RETUtn* RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF' TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION\nOFFICE OF PIPELINE SAF'ETY\nWASHINGTON. D.C. 20590\nIn the Matter of\nKENTUCKY-WEST PIPELINE\nAn Equitable Resources Company\nRespondent.\n)\n)\n)\n)\n) CPFNo. 2-2005-1009\nFINAL ORDER\nDruing April 18-20,2005, pursuant to 49 U.S.C. $ 60117, representatives of the Office of\nPipeline Safety (OPS), Southern Region, conducted an on-site pipeline safety inspection of\nRespondent's Kentucky-West pipeline system. As a result of the inspection, the Director,\nSouthern Region, OPS, issued to Respondent, by letter dated August 1,2005, a Notice of\nProbable Violation and Proposed Civil Penalty Q.iotice). In accordance with 49 C.F.R. $ 190.207,\nthe Notice proposed finding that Respondenthad committed aviolation of49 C.F.R. $ 192.603(b)\nand proposed assessing a civil penalty of$23,400 for the alleged violation.\nRespondent responded to the Notice by letter dated Augu st26,2005 (Response). Respondent did\nnot contest the allegation of violation but offered an explanation. Respondent did not request a\nhearing, and therefore has waived its right to one,\nF'INDINGS OF' VIOLATION\nUncontested\nRespondent did not contest the alleged violation of 49 C.F.R. S 192.603(b) in the Notice.\nAccordingly, I find that Respondent violated 49 C.F.R. ParI I92, as more fully described in the\nNotice:\n49 C.F.R. $192.603(b) - failure to maintain records to demonstrate inspection\nand testing of relief devices for compressor stations and proper maintenance of its\ncompressor stations emergency shut down devices (ESD), as required by\nS192.73 1(a-c). Therecordsweremissingseveralannual inspectionreports. The\nrecords revierved from the year 2002 through 2005 indicated that several\ncompressor station ESDs did not work when activated and need replacement of\ndefective equipment.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\n2\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolations.\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\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,\ndegree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability\nto pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $23,400 for Item 1. Respondent did not contest the\nviolation or the civil penalty. Accordingly, having reviewed the record and considered the\nassessment criteria, I assess Respondent a civil penalty of $23,400, already paid by the\nRespondent.\nhe lom and contin of this in dear fictive on reciper.\nFEB 16 2003\nStacey Ciprard\nAssociate Administrator\nDate Issued\nfor Dipeline Safety","truncated":false,"body_characters":4839}