{"operation":"document","citation":"CPF 220061004","title":"TEXAS GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-03-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.917(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220061004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220061004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220061004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220061004","body":"Notice of Probable Violation involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.917(c). The case was opened on 2006-03-09 and is reported as closed as of 2010-02-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220061004_Final Order_06292006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220061004/220061004_Final%20Order_06292006.pdf\n\n220061004_Final Order_06292006.pdf\n\n-\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nJUN 29 2006\nMr. R. Alan Englehart\nVice President, Engineering/Operations\nTexas Gas Transmissions, LLC\nPost Office Box 20008\nOwensboro, Kentucky 42301\nRE: CPF No. 2-2006-1004\nDear Mr. Englehart:\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. § 190.5.\nSincerely,\nJame\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCc:\nMs. Linda Daugherty, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nRECEIVED JUL 0 7 2005\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nTexas Gas Transmission, LLC,\nCPF No. 2-2006-1004\nRespondent.\nFINAL ORDER\nBetween August 9, 2005 and August 25, 2005 and, pursuant to 49 U.S.C. § 60117, representatives\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Southern Region,\nOffice of Pipeline Safety (OPS), and the Kentucky Public Service Commission conducted a gas\nintegrity management inspection of Respondent's integrity management program (IMP), in\nOwensboro, Kentucky. As a result of the inspection, the Director, Southern Region, OPS, issued\nto Respondent, by letter dated March 9, 2006, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent violated 49 C.F.R. Part 192 and proposed that Respondent take certain\nmeasures to correct the alleged violation..\nRespondent responded to the Notice by letter dated, April 10, 2006 (Response). Respondent did\nnot contest the allegation of violation but offered an explanation and provided information\nconcerning the corrective actions it has taken to comply. Respondent did not request a hearing,\nand therefore has waived its right to one.\nFINDINGS OF VIOLATION\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I\nfind that Respondent violated the following section of 49 C.F.R. Part 192, as more fully described\nin the Notice:\n49 C.F.R. § 192.917(c) -Failure to conduct a risk assessment that follows\nASME/ANSI B31.8S, section 5, and considers the identified threats for each\ncovered segment; failure to use the risk assessment to prioritize the covered\nsegments for the baseline and continual reassessments (S$192.919, 192.921,\n192.937), and to determine what additional preventive and mitigative measures\nare needed (§ 192.935) for the covered segment. Respondent's risk assessment,\n\n\n\n2\nanalysis and risk ranking algorithm utilized for the covered pipeline segments did\nnot include consideration of failure consequences factors which is required by 49\nC.F.R. § 192.917(c).\ntaken against Respondent.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items Ifor violations of 49 C.F.R.\n$192.917(c).\nUnder 49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who owns\nor operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118 (b) and 49 C.F.R.\n§ 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations. Respondent must -\nRe-run all risk assessments, analysis and risk ranking of all covered\nsegments in your pipeline system, consider failure consequence factors\nand all information relevant to determine the risk associated with pipeline\noperation, as required by 49 C.F.R. § 192.917(c) and ASME/ANSI\nthis Order.\nB31.8S, section 3 and 5. Complete this item within 180 days of receipt of\n2.\nSubmit the new risk assessments, analysis and risk ranking documentation\non all covered pipeline segments that include consideration of failure\nconsequence factors and all information relevant to determine the risk\nassociated with your covered pipeline segments. Complete this item\nwithin 180 days of receipt of this Order.\n3.\nSubmit documentation and evidence of completion of these actions to Ms.\nLinda Daugherty, Director, OPS, Southern Region, Pipeline and\nHazardous Materials Safety Administration, 233 Peachtree Street, Suite\n600, Atlanta, GA 30303.\nThe Director, OPS, Southern Region may grant an extension of time for compliance with any of\nadequately justify the reasons for the extension.\nthe terms of this order for good cause. A request for an extension must be in writing and\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\n3\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 order, including\nany required corrective action, remain in full effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective on receipt.\nJUN 29 2008\nStadey Gerard\nfor\nAssociate Administrator\nDate Issued\nfor Pipeline Safety","truncated":false,"body_characters":6297}