{"operation":"document","citation":"CPF 220051017","title":"CHESAPEAKE APPALACHIA, L.L.C. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-01-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.457(b), 192.491(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051017","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220051017","body":"Notice of Probable Violation involving CHESAPEAKE APPALACHIA, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 192.457(b),  192.491(c). The case was opened on 2006-01-20 and is reported as closed as of 2006-11-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220051017_Final Order_06292006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051017/220051017_Final%20Order_06292006.pdf\n\nCPF NO 2-2005-1017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051017/CPF%20NO%202-2005-1017.pdf\n\n220051017_Final Order_06292006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nMr. Michael A. John\nSenior Vice President - Drilling and Operations\nColumbia Natural Resources, LLC\n900 Pennsylvania Avenue\nPost Office Box 6070\nCharleston, WV 25362-0070\nRE: CPF NO. 2-2005-1 01 7\nDear Mr. John:\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 requires certain corrective action.\nWhen the terms of the compliance order are completed, as determined by the Director, Southern\nRegion, this enforcement action will be closed. Your receipt of this Final Order constitutes\nservice of that document under 49 C.F.R. 9 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nColumbia Natural Resources, LLC, CPF No. 2-2005-1017\nA Triana Energy Company\nRespondent.\nFINAL ORDER\nOn May 3 - 7,2005, pursuant to 49 U.S.C. 3601 17, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Southern Region, Office of Pipeline Safety Pipeline\nSafety (OPS), conducted an investigation of the April 30, 2005, incident involving Respondent's\nB-6 pipeline located near Inez, Kentucky. As a result of the investigation, the Director, Southern\nRegion, OPS, issued to Respondent, by letter dated January 20,2006, aNotice of Probable Violation\nand Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 3 190.207, the Notice\nproposed finding that Respondent had violated 49 C.F.R. Part 192 and proposed that Respondent\ntake certain measures to correct the alleged violations.\nRespondent responded to the Notice by letter dated, February 13,2006 (Response). Respondent did\nnot contest the allegations of violation but offered an explanation and provided information\nconcerning the corrective actions it has taken. Respondent did not reque t a hearing, and therefore\n7\nhas waived its right to one.\nFINDINGS OF VIOLATION\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I find\nthat Respondent violated the following sections of 49 C.F.R. Part 192, as more fully described in the\nNotice:\n49 C.F.R. 3192.457-Failure to cathodically protect buried or submerged pipeline\ninstalled before August 1,197 1. Respondent's external corrosion control program did\nnot cathodically protect the bare B-6 pipeline section that crossed the Coldwater\nCreek in the Stepp Branch Bottom area near Inez, KY, which leaked due to external\ncorrosion. This section of pipe was installed in 1947.\n49 C.F.R. 3 192.491(c) -Failure to maintain a record of each test, survey, or\ninspection required by this subpart in sufficient detail to demonstrate the adequacy\n\n\n\nof corrosion control measures or that a corrosive condition does not exist.\nRespondent's corrosion control records lack sufficient detail to demonstrate the\nadequacy of corrosion control measures taken to cathodically protect and address\nbare pipe in the system.\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 for violations of 49 C.F.R.\n§§192.457(b) and 192.491(c).\nUnder 49 U.S.C. 9 601 18(a), each person who engages in the transportation of gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. Pursuant to the authority of 49 U.S.C. 5 601 18 (b) and 49 C.F.R. § 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations. Respondent must -\n1. Develop and implement a written plan to identifl, locate and cathodically\nprotect bare pipe in those areas that may be similar to the Coldwater Creek\narea in Stepp Bottom Branch near Inez, Kentucky, where the corrosion leak\noccurred on the bare 8-inch B-6 line. The plan must include a detailed\ninvestigation of all buried pipeline exposures in the system. Complete this\nitem within 90 days of receipt of this Order.\n2. Develop procedures and processes to ensure that detailed records are\nmaintained to demonstrate the adequacy of corrosion control measures on\nyour pipeline facilities. Complete this item within 90 days of receipt of this\nOrder.\n3. Submit documentation and evidence of completion of these actions to Ms.\nLinda Daugherty, Director, OPS, Southern Region, Pipeline and Hazardous\nMaterials Safety Administration, 233 Peachtree Street, Suite 600, Atlanta,\nGA 30303.\nThe Director, OPS, Southern Region may grant an extension of time for compliance with any of the\nterms of this order for good cause. A request for an extension must be in writing and adequately\njustifies the reasons for the extension.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\n\n\n\nUnder 49 C.F.R. 5190.215, Respondent has a right to submit a Petition fur Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\nrequired corrective action, remain in full effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nJUN 2 9 2006\nDate Issued\nA s ciate Administrator\nV Pipeline Safety","truncated":false,"body_characters":6519}