{"operation":"document","citation":"CPF 220061002","title":"COLUMBIA GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-10-30","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220061002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220061002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220061002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220061002","body":"Notice of Probable Violation involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.805. The case was opened on 2006-10-30 and is reported as closed as of 2009-01-06. Proposed civil penalty: $35,000. Assessed civil penalty: $35,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220061002_FinalOrder_11072007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220061002/220061002_FinalOrder_11072007.pdf\n\n220061002_finalorder_11072007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220061002/220061002_finalorder_11072007_text.pdf\n\n220061002_finalorder_11072007_text.pdf\n\nO\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nSOV 7 2007\nMr. Reed Robinson\nVice President, Field Services\nColumbia Gas Transmission Corp.\nP. O. Box 1273\nCharleston, WV 25325\nRE: CPF No. 2-2006-1002\nDear Mr. Robinson:\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 requires certain corrective actions, I\nacknowledge receipt of wire transfer 0061130014421 and accept payment dated November 30,\n2006 for $35, 000 as payment in full of the civil penalty assessed in this Final Order, Your\nreceipt of the Final Order constitutes service of that document under 49 C. F. R. ) 190. 5. At such\ntime that the terms of the compliance order are completed, as determined by the Director,\nSouthern Region, this enforcement action will be closed.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\ncc: David Kirkland, Manager-Pipeline Services, Columbia Gas\nLinda Daugherty, Director, OPS Southern Region\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\n)\n)\nCOLUMBIA GAS TRANSMISSION CORPORATION, )\nRespondent\n)\n)\n)\nCPF No. 2-2006-1002\nFINAL ORDER\nBetween June 6 and June 10, 2005, and November 28 — December 2, 2005 pursuant to 49 U. S. C.\n) 60117, a representative of the Pipeline and Hazardous Materials Safety Administration, Office\nof Pipeline Safety (OPS), Southern Region, conducted an inspection of the natural gas pipeline\nfacilities of Columbia Gas Transmission Corporation (Respondent) in Kentucky and reviewed\nrecords at your Cattletsburg, Pikeville and Winchester offices. As a result of the inspection, the\nDirector, Southern Region, OPS, issued to Respondent, by letter dated October 30, 2006, a\nNotice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice).\nIn accordance with 49 C. F. R. ) 190. 207, the Notice proposed finding that Respondent had\nviolated 49 C. F. R, $ 192. 805, assessing a total civil penalty of $35, 000 for the alleged violation,\nand ordering that Respondent take certain measures to correct the alleged violation.\nRespondent replied to the Notice by letter dated, December 1, 2006 (Response). Respondent did\nnot contest the allegation of violation and submitted payment for the proposed civil penalty.\nRespondent did not request a hearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nItem 1 in the Notice alleged that Respondent violated 49 C. F. R. $ 192. 805, which provides:\ng 192. S05. Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program shall include provisions to;\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals\nperforming covered tasks are qualified;. . . .\nThe Notice alleged that Respondent did not ensure through evaluation that individuals\nperforming the covered task \"Conduct gas leakage surveys\" were qualified. Grade 3 Leak survey\n\n\n\nresults audited for the Lockwood and Winchester areas were found to be unacceptable and\nindicative of individuals not understanding how to perform this particular task.\nRespondent's own procedures, entitled \"Columbia Gas Transmission Operating Procedures, Plan\nNo. 220. 03. 01, Section 3. 3, 3, \" permits Grade 3 Leaks to be monitored without repair. A Grade 3\nLeak, in a rural area, is defined by Respondent's procedures as a leak with a measured gas in air\nvalue of less than 50'10 when measured in a bar hole. The Grade 3 Leak survey results were\nreviewed for the Lockwood and Winchester areas and found to be unacceptable. The results of\nthe Grade 3 Leak surveys for 2004 and 2005 are detailed in a table in the Notice. All locations in\nthe Lockwood area indicate 100'10 gas. The value of 100'10 exceeds Respondent's criteria of less\nthan 50'/o gas for a Grade 3 Leak, though all these locations have continued to be classified as\nGrade 3 leaks. Most of the locations in the Winchester area have a 10 Lower Explosive Limit\n(LEL) value and a 10 Gas value. These values are neither consistent nor logical because 100/0\nLEL is approximately 5'10 gas.\nDuring the inspection, these Grade 3 Leak survey results were discussed with Respondent,\nRespondent indicated that the 100'10 Gas values in the Lockwood area were the result of the 10\nLEL value being incorrectly entered into the 10 Gas field of the MAXIMO database, The 10 Gas\nvalue, which is needed to classify leaks, was not entered at all. Respondent could not explain the\ndata relative to the Winchester Area, which demonstrates that these individuals do not\nunderstand the proper method to perform the covered task, \"Conduct gas leakage stuveys. \"\nRespondent did not contest the allegation of violation in the Notice. Accordingly, I find that\nRespondent violated 49 C. F. R. ) 195. 805 by failing to use an evaluation method to ensure that\nindividuals performing the subject-covered task were qualified. This finding of violation will be\nconsidered a prior offense in any subsequent enforcement action taken against Respondent.\nASSESSMENT OF PENALTY\nThe Notice proposed a $35, 000 civil penalty for violation of 49 C. F, R. $ 192. 805(a).\nUnder 49 U. S. C. $ 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.\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: natme, 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 ~ustice may require.\nThe proposed penalty of $35, 000 is based upon Respondent's failure to ensure through\nevaluation that individuals performing covered task \"Conduct gas leakage surveys\" were\nqualified and its failure to ensure that the evaluation method used was adequate to qualify\n\n\n\nindividuals to perform the subject-covered. Accordingly, having reviewed the record and\nconsidered the assessment criteria, I hereby assess Respondent a civil penalty of $35, 000 for\nviolation of 49 C, F. R. $ 192. 805, which amount has already been paid by the Respondent and\nreceived by OPS.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item I for violation of 49 C. F, R. $\n192, 805. Under 49 U. S. C. $ 60118(a), each person who engages in the transportation of gas or\nwho owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. Pursuant to the authority of 49 U. S. C. $ 60118(b) and\n49 C. F. R. $ 190, 217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations. Respondent must—\n1. Conduct an evaluation of the Operator Qualification Requirements and Evaluation\nmethods detailed in the Columbia Gas Transmission Operator Qualification Plan\nfor the covered task entitled, \"Conduct gas leakage surveys.\n\" This evaluation\nshould determine what inadequacies exist in the current plan that resulted in the\nunacceptable Grade 3 Leak survey results found in the Lockwood and Winchester\nareas. A written evaluation report shall be submitted within 30 days of your\nreceipt of this Final Order.\n2. Revise the Columbia Gas Transmission Operator Qualification Plan to address the\nresults of the evaluation described in Item 1 above. Submit the revised Columbia\nGas Transmission Operator Qualification Plan within 60 days of your receipt of\nthis Final Order.\n3. Resurvey the Subject Grade 3 Leak areas within 30 days following receipt of this\nFinal Order. Submit the leakage survey results and the qualification records of\nthe individual(s) performing the leakage surveys,\n4. Submit copies of all reports, documentation, and findings to demonstrate\ncompletion of the tasks detailed above to the Director, OPS, Southern Region,\n233 Peachtree Street, Suite 600, Atlanta, GA 30303. These records will be\nsubject to future inspections.\n5. The Director, OPS, Southern Region may grant an extension of time for\ncompliance with any of the terms of this Final Order for good cause. A request\nfor an extension must be in writing.\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. ) 190. 215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the Final Order,\nincluding any required corrective action, shall remain in full effect unless the Associate\nAdministrator, upon request, grants a stay. The terms and conditions of this Final Order are\neffective on receipt.\nXOV 7 2007\nJ ffr y . Wiese\nso iate Administrator\nfo '\neline Safety\nDate Issued","truncated":false,"body_characters":10091}