# KENTUCKY - WEST VIRGINIA GAS CO — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 192.603(b).
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- **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.

Official case documents:

220051009_Final Order_02162006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051009/220051009_Final%20Order_02162006.pdf

CPF 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

220051009_Final Order_02162006.pdf

@
U.S. Deporfment
of Tronsportolion
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Admlnlstrq0lon
400 Seventh Street. S.W.
Washington, D.C- 20590
FEil I 6 1,,,:,i
Mr. Jefferson C. Burke
President & General Manager
Kentucky-West Virginia Gas
748 North Lake Drive
Prestonsburg, KY 41653
RE:CPF No. 2-2005-1009
Dear Mr. Burke:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding of violation and assesses a civil penalty of $23,400.
I acknowledge leceipt of, and accept Kentucky-West's payment dated August 29, 2005 in the
amount of $23,400 as payment in full of the civil penalty assessed in the Final Order. This case
is now closed. Your receipt of the Final Order constitutes service of that document under 49
c.F.R. I 190.5.
Sincerely,
ilrr
+*^ lL 1-_
James Reynolds
Pipeline Compliance Registry
Office of Pipeline SafetY
Enclosure
cc: Ms. Linda Daugherty, Director, OPS Southern Region
CERTIFIED iliAiL - RETUtn* RECEIPT REOUESTED



DEPARTMENT OF' TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION
OFFICE OF PIPELINE SAF'ETY
WASHINGTON. D.C. 20590
In the Matter of
KENTUCKY-WEST PIPELINE
An Equitable Resources Company
Respondent.
)
)
)
)
) CPFNo. 2-2005-1009
FINAL ORDER
Druing April 18-20,2005, pursuant to 49 U.S.C. $ 60117, representatives of the Office of
Pipeline Safety (OPS), Southern Region, conducted an on-site pipeline safety inspection of
Respondent's Kentucky-West pipeline system. As a result of the inspection, the Director,
Southern Region, OPS, issued to Respondent, by letter dated August 1,2005, a Notice of
Probable Violation and Proposed Civil Penalty Q.iotice). In accordance with 49 C.F.R. $ 190.207,
the Notice proposed finding that Respondenthad committed aviolation of49 C.F.R. $ 192.603(b)
and proposed assessing a civil penalty of$23,400 for the alleged violation.
Respondent responded to the Notice by letter dated Augu st26,2005 (Response). Respondent did
not contest the allegation of violation but offered an explanation. Respondent did not request a
hearing, and therefore has waived its right to one,
F'INDINGS OF' VIOLATION
Uncontested
Respondent did not contest the alleged violation of 49 C.F.R. S 192.603(b) in the Notice.
Accordingly, I find that Respondent violated 49 C.F.R. ParI I92, as more fully described in the
Notice:
49 C.F.R. $192.603(b) - failure to maintain records to demonstrate inspection
and testing of relief devices for compressor stations and proper maintenance of its
compressor stations emergency shut down devices (ESD), as required by
S192.73 1(a-c). Therecordsweremissingseveralannual inspectionreports. The
records revierved from the year 2002 through 2005 indicated that several
compressor station ESDs did not work when activated and need replacement of
defective equipment.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



2
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violations.
violation for each day of the violation up to a maximum of $1,000,000 for any related series of
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 civil penalty of $23,400 for Item 1. Respondent did not contest the
violation or the civil penalty. Accordingly, having reviewed the record and considered the
assessment criteria, I assess Respondent a civil penalty of $23,400, already paid by the
Respondent.
he lom and contin of this in dear fictive on reciper.
FEB 16 2003
Stacey Ciprard
Associate Administrator
Date Issued
for Dipeline Safety
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