{"operation":"document","citation":"CPF 220081004","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":"2008-03-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220081004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220081004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220081004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220081004","body":"Notice of Probable Violation involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2008-03-06 and is reported as closed as of 2010-06-30. Proposed civil penalty: $100,000. Assessed civil penalty: $100,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220081004_Final Order_ 06302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_Final%20Order_%2006302010_text.pdf\n\n220081004_Final Order_06302010  .pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_Final%20Order_06302010%20%20.pdf\n\n220081004_nopv letter_03062008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_nopv%20letter_03062008.pdf\n\n220081004_nopv letter_03062008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_nopv%20letter_03062008_text.pdf\n\n220081004_Final Order_06302010  .pdf\n\nU.S. Department of Transportation\n1200 New Jersey Ave, S.E.\nSafety Administration\nPipeline and Hazardous Materials\nWashington, D.C. 20590\nJUN 30 2010\nMr. Rolf A. Gafvert\nPresident\nTexas Gas Transmission, LLC\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nRE: CPF No. 2-2008-1004\nDear Mr. Gafvert:\nPlease find enclosed the Final Order issued in the above-referenced case. It makes a\nfinding of violation and assesses a civil penalty of $100,000. I further acknowledge receipt of\nTexas Gas Transmission's payment dated April 10, 2008, in the amount of $100,000, as payment\nin full of the civil penalty. This case is now closed. Service of the Final Order by certified mail\nis deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc:\nMr. Wayne Lemoi, Director, Southern Region, PHMSA\nMr. Mike McMahon, Senior Vice-President & General Counsel, Texas Gas\nTransmission, LLC\nMr. Jack Adams, Director, DOT Compliance and Security, Boardwalk Pipeline Partners\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED |7005 1160 0001 0039 05771\n\n\n\nU.S. DEPARTMENT 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. 2-2008-1004\nRespondent.\nFINAL ORDER\nOn November 9, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site investigation of an incident that occurred on October 29, 2007, in\nSlaughters, Kentucky, involving the facilities of Texas Gas Transmission, LLC (TGT or\nRespondent). TGT, a subsidiary of Boardwalk Pipeline Partners, LP, operates over 6,000 miles\nof natural gas pipeline from the Gulf of Mexico to U.S. markets in the South, Midwest and\nAs a result of the investigation, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated March 6, 2008, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. § 192.605(a) and proposed assessing a civil penalty of\n$100,000 for the alleged violation.\nRespondent responded to the Notice by electronic mail dated May 13, 2008 (Response), and\nprovided proof of payment of the proposed civil penalty of $100,000, as provided in 49 C.F.R.\n§ 190.227. Payment of the penalty serves to close the case with prejudice to Respondent.\nFINDINGS OF VIOLATION\nIn its Response, TGT did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in\nrelevant part:\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response..\n\n\n\nThe Notice alleged that TGT failed to follow its own written procedures for conducting\noperations and maintenance activities. Specifically, it alleged that Respondent failed to follow\nits procedures for preparing and following site-specific plans for running cleaning pigs. TGT\nfailed to follow its procedure, entitled Texas Gas Procedures, T.70.53.01.07, Section 5.0,\nRunning Pigs: Subpart 5.1.1, which specifies the procedures for preparing such plans. Each plan\nwas required to include the following procedures:\n- Launching the pig\n- Running the pig, including controlling the speed, when required\n- Handling liquids and/or material received\n- Removing the pig from the trap\n- Addressing all safety concerns.\nThe investigation revealed that on October 29, 2007, while TT's employees were in the process\nof running two cleaning pigs at the company's Slaughters Compressor Station, they noticed that\nthe second pig was not running properly. The pig \"trap\" was blown down to investigate the\noperation of the second pig, but the employees did not have a way of determining the pressure\ninside the pig trap prior to opening the door. When they opened the door to check the location of\nthe pig, the pig dislodged with such force that it broke the door and pinned one of the employees\nto a backhoe approximately four feet behind the pig launcher. As a result of the accident, the\ninjured employee lost his leg. Respondent later determined that the second cleaning pig had\nblocked a section of the blow-off piping and did not allow for the full relief of the gas pressure in\nthe pig trap. The investigation showed that Respondent had failed to prepare and follow a site-\nspecific plan covering the procedures listed above for this portion of its 26-inch mainline.\nThe language of 49 C.F.R. §192.605(a) requires operators to prepare and follow, for each\npipeline, a manual of written procedures for conducting operations, maintenance, and emergency\nresponse. The regulation prescribes the minimum safety requirements for all pipeline facilities,\nincluding both new and existing pipelines. All pipeline operators must maintain, follow and\nmake available to appropriate operating personnel a manual of written procedures for conducting\noperations and maintenance activities to enable such personnel to safely and effectively perform\ntheir duties and to maintain the operator's facilities. Accordingly, based upon a review of all of\nthe evidence, I find that Respondent violated 49 C.F.R. §192.605 (a), by failing to follow its own\nmanual of written procedures (Texas Gas Procedures, T.70.53.01.07, Section 5.0, Running Pigs:\nSubpart 5.1.1), which required the company to prepare and follow a site-specific plan for\noperating pigs on each of its lines.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\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. In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R.\n\n\n\n3\n§ 190.225, I must consider the following criteria: the nature, circumstances, and gravity of the\nviolation, including adverse impact on the environment; the degree of Respondent's culpability;\nthe history of Respondent's prior offenses; the Respondent's ability to pay the penalty and any\neffect that the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation, without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $100,000 for violation of 49 C.F.R. § 192.605 (a).\nItem 1 of the Notice proposed a civil penalty of $100,000 for violation of 49 C.F.R.\n§ 192.605(a), for Respondent's failure to follow its own manual of written procedures for\npreparing and following a site-specific plan for running pigs on its 26-inch mainline at the\nSlaughters Compressor Station in Slaughters, Kentucky. Federal regulations require that\noperators follow for each pipeline a manual of written procedures for conducting operations,\nmaintenance, and emergency response. Procedures are essential for operator personnel to be\nble to perform their duties safely and efficiently. TGT failed to prepare a plan for running pigs\nas specified in its manual of written procedures. Respondent did not contest the violation or the\ncivil penalty. Accordingly, having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $100,000, which amount has already been paid by\nRespondent.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nswiek\n'JUN 30 2010\nJeffrey D. Wiese\nDate Issued\nAssociate Administrator\nfor Pipeline Safety\n\n220081004_Final Order_ 06302010_text.pdf\n\nJUN 30 2010\nMr. Rolf A. Gafvert\nPresident\nTexas Gas Transmission, LLC\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nRE: CPF No. 2-2008-1004\nDear Mr. Gafvert:\nPlease find enclosed the Final Order issued in the above-referenced case. It makes a\nfinding of violation and assesses a civil penalty of $100,000. I further acknowledge receipt of\nTexas Gas Transmission’s payment dated April 10, 2008, in the amount of $100,000, as payment\nin full of the civil penalty. This case is now closed. Service of the Final Order by certified mail\nis deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Wayne Lemoi, Director, Southern Region, PHMSA\nMr. Mike McMahon, Senior Vice-President & General Counsel, Texas Gas\nTransmission, LLC\nMr. Jack Adams, Director, DOT Compliance and Security, Boardwalk Pipeline Partners\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0039 0577]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nTexas Gas Transmission, LLC, ) CPF No. 2-2008-1004\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nOn November 9, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site investigation of an incident that occurred on October 29, 2007, in\nSlaughters, Kentucky, involving the facilities of Texas Gas Transmission, LLC (TGT or\nRespondent). TGT, a subsidiary of Boardwalk Pipeline Partners, LP, operates over 6,000 miles\nof natural gas pipeline from the Gulf of Mexico to U.S. markets in the South, Midwest and\nNortheast.\nAs a result of the investigation, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated March 6, 2008, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. § 192.605(a) and proposed assessing a civil penalty of\n$100,000 for the alleged violation.\nTGT responded to the Notice by electronic mail dated May 13, 2008 (Response), and provided\nproof of payment of the proposed civil penalty of $100,000, as provided in 49 C.F.R.\n§ 190.227. Payment of the penalty serves to close the case with prejudice to Respondent.\nFINDINGS OF VIOLATION\nIn its Response, TGT did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in\nrelevant part:\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. . . .\n\n\n\n2\nThe Notice alleged that TGT failed to follow its own written procedures for conducting\noperations and maintenance activities. Specifically, it alleged that Respondent failed to follow\nits procedures for preparing and following site-specific plans for running cleaning pigs. TGT\nfailed to follow its procedure, entitled Texas Gas Procedures, T.70.53.01.07, Section 5.0,\nRunning Pigs: Subpart 5.1.1, which specifies the procedures for preparing such plans. Each plan\nwas required to include the following procedures:\n- Launching the pig\n- Running the pig, including controlling the speed, when required\n- Handling liquids and/or material received\n- Removing the pig from the trap\n- Addressing all safety concerns.\nThe investigation revealed that on October 29, 2007, while TGT’s employees were in the process\nof running two cleaning pigs at the company’s Slaughters Compressor Station, they noticed that\nthe second pig was not running properly. The pig “trap” was blown down to investigate the\noperation of the second pig, but the employees did not have a way of determining the pressure\ninside the pig trap prior to opening the door. When they opened the door to check the location of\nthe pig, the pig dislodged with such force that it broke the door and pinned one of the employees\nto a backhoe approximately four feet behind the pig launcher. As a result of the accident, the\ninjured employee lost his leg. Respondent later determined that the second cleaning pig had\nblocked a section of the blow-off piping and did not allow for the full relief of the gas pressure in\nthe pig trap. The investigation showed that Respondent had failed to prepare and follow a site-\nspecific plan covering the procedures listed above for this portion of its 26-inch mainline.\nThe language of 49 C.F.R. §192.605(a) requires operators to prepare and follow, for each\npipeline, a manual of written procedures for conducting operations, maintenance, and emergency\nresponse. The regulation prescribes the minimum safety requirements for all pipeline facilities,\nincluding both new and existing pipelines. All pipeline operators must maintain, follow and\nmake available to appropriate operating personnel a manual of written procedures for conducting\noperations and maintenance activities to enable such personnel to safely and effectively perform\ntheir duties and to maintain the operator’s facilities. Accordingly, based upon a review of all of\nthe evidence, I find that Respondent violated 49 C.F.R. §192.605 (a), by failing to follow its own\nmanual of written procedures (Texas Gas Procedures, T.70.53.01.07,Section 5.0, Running Pigs:\nSubpart 5.1.1), which required the company to prepare and follow a site-specific plan for\noperating pigs on each of its lines.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\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. In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R.\n\n\n\n3\n§ 190.225, I must consider the following criteria: the nature, circumstances, and gravity of the\nviolation, including adverse impact on the environment; the degree of Respondent’s culpability;\nthe history of Respondent’s prior offenses; the Respondent’s ability to pay the penalty and any\neffect that the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation, without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $100,000 for violation of 49 C.F.R. § 192.605 (a).\nItem 1 of the Notice proposed a civil penalty of $100,000 for violation of 49 C.F.R.\n§ 192.605(a), for Respondent’s failure to follow its own manual of written procedures for\npreparing and following a site-specific plan for running pigs on its 26-inch mainline at the\nSlaughters Compressor Station in Slaughters, Kentucky. Federal regulations require that\noperators follow for each pipeline a manual of written procedures for conducting operations,\nmaintenance, and emergency response. Procedures are essential for operator personnel to be\nable to perform their duties safely and efficiently. TGT failed to prepare a plan for running pigs,\nas specified in its manual of written procedures. Respondent did not contest the violation or the\ncivil penalty. Accordingly, having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $100,000, which amount has already been paid by\nRespondent.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n_________________________________ ________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":17406}