# TEXAS GAS TRANSMISSION, LLC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

220081004_Final Order_ 06302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_Final%20Order_%2006302010_text.pdf

220081004_Final Order_06302010  .pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_Final%20Order_06302010%20%20.pdf

220081004_nopv letter_03062008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_nopv%20letter_03062008.pdf

220081004_nopv letter_03062008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081004/220081004_nopv%20letter_03062008_text.pdf

220081004_Final Order_06302010  .pdf

U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Safety Administration
Pipeline and Hazardous Materials
Washington, D.C. 20590
JUN 30 2010
Mr. Rolf A. Gafvert
President
Texas Gas Transmission, LLC
9 Greenway Plaza, Suite 2800
Houston, TX 77046
RE: CPF No. 2-2008-1004
Dear Mr. Gafvert:
Please find enclosed the Final Order issued in the above-referenced case. It makes a
finding of violation and assesses a civil penalty of $100,000. I further acknowledge receipt of
Texas Gas Transmission's payment dated April 10, 2008, in the amount of $100,000, as payment
in full of the civil penalty. This case is now closed. Service of the Final Order by certified mail
is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc:
Mr. Wayne Lemoi, Director, Southern Region, PHMSA
Mr. Mike McMahon, Senior Vice-President & General Counsel, Texas Gas
Transmission, LLC
Mr. Jack Adams, Director, DOT Compliance and Security, Boardwalk Pipeline Partners
CERTIFIED MAIL - RETURN RECEIPT REQUESTED |7005 1160 0001 0039 05771



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of
Texas Gas Transmission, LLC,
CPF No. 2-2008-1004
Respondent.
FINAL ORDER
On November 9, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site investigation of an incident that occurred on October 29, 2007, in
Slaughters, Kentucky, involving the facilities of Texas Gas Transmission, LLC (TGT or
Respondent). TGT, a subsidiary of Boardwalk Pipeline Partners, LP, operates over 6,000 miles
of natural gas pipeline from the Gulf of Mexico to U.S. markets in the South, Midwest and
As a result of the investigation, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated March 6, 2008, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
Respondent had violated 49 C.F.R. § 192.605(a) and proposed assessing a civil penalty of
$100,000 for the alleged violation.
Respondent responded to the Notice by electronic mail dated May 13, 2008 (Response), and
provided proof of payment of the proposed civil penalty of $100,000, as provided in 49 C.F.R.
§ 190.227. Payment of the penalty serves to close the case with prejudice to Respondent.
FINDINGS OF VIOLATION
In its Response, TGT did not contest the allegation in the Notice that it violated 49 C.F.R. Part
192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in
relevant part:
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each
pipeline, a manual of written procedures for conducting operations and
maintenance activities and for emergency response..



The Notice alleged that TGT failed to follow its own written procedures for conducting
operations and maintenance activities. Specifically, it alleged that Respondent failed to follow
its procedures for preparing and following site-specific plans for running cleaning pigs. TGT
failed to follow its procedure, entitled Texas Gas Procedures, T.70.53.01.07, Section 5.0,
Running Pigs: Subpart 5.1.1, which specifies the procedures for preparing such plans. Each plan
was required to include the following procedures:
- Launching the pig
- Running the pig, including controlling the speed, when required
- Handling liquids and/or material received
- Removing the pig from the trap
- Addressing all safety concerns.
The investigation revealed that on October 29, 2007, while TT's employees were in the process
of running two cleaning pigs at the company's Slaughters Compressor Station, they noticed that
the second pig was not running properly. The pig "trap" was blown down to investigate the
operation of the second pig, but the employees did not have a way of determining the pressure
inside the pig trap prior to opening the door. When they opened the door to check the location of
the pig, the pig dislodged with such force that it broke the door and pinned one of the employees
to a backhoe approximately four feet behind the pig launcher. As a result of the accident, the
injured employee lost his leg. Respondent later determined that the second cleaning pig had
blocked a section of the blow-off piping and did not allow for the full relief of the gas pressure in
the pig trap. The investigation showed that Respondent had failed to prepare and follow a site-
specific plan covering the procedures listed above for this portion of its 26-inch mainline.
The language of 49 C.F.R. §192.605(a) requires operators to prepare and follow, for each
pipeline, a manual of written procedures for conducting operations, maintenance, and emergency
response. The regulation prescribes the minimum safety requirements for all pipeline facilities,
including both new and existing pipelines. All pipeline operators must maintain, follow and
make available to appropriate operating personnel a manual of written procedures for conducting
operations and maintenance activities to enable such personnel to safely and effectively perform
their duties and to maintain the operator's facilities. Accordingly, based upon a review of all of
the evidence, I find that Respondent violated 49 C.F.R. §192.605 (a), by failing to follow its own
manual of written procedures (Texas Gas Procedures, T.70.53.01.07, Section 5.0, Running Pigs:
Subpart 5.1.1), which required the company to prepare and follow a site-specific plan for
operating pigs on each of its lines.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violation for each day of the violation, up to a maximum of $1,000,000 for any related series of
violations. In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R.



3
§ 190.225, I must consider the following criteria: the nature, circumstances, and gravity of the
violation, including adverse impact on the environment; the degree of Respondent's culpability;
the history of Respondent's prior offenses; the Respondent's ability to pay the penalty and any
effect that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation, without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $100,000 for violation of 49 C.F.R. § 192.605 (a).
Item 1 of the Notice proposed a civil penalty of $100,000 for violation of 49 C.F.R.
§ 192.605(a), for Respondent's failure to follow its own manual of written procedures for
preparing and following a site-specific plan for running pigs on its 26-inch mainline at the
Slaughters Compressor Station in Slaughters, Kentucky. Federal regulations require that
operators follow for each pipeline a manual of written procedures for conducting operations,
maintenance, and emergency response. Procedures are essential for operator personnel to be
ble to perform their duties safely and efficiently. TGT failed to prepare a plan for running pigs
as specified in its manual of written procedures. 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 $100,000, which amount has already been paid by
Respondent.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
swiek
'JUN 30 2010
Jeffrey D. Wiese
Date Issued
Associate Administrator
for Pipeline Safety

220081004_Final Order_ 06302010_text.pdf

JUN 30 2010
Mr. Rolf A. Gafvert
President
Texas Gas Transmission, LLC
9 Greenway Plaza, Suite 2800
Houston, TX 77046
RE: CPF No. 2-2008-1004
Dear Mr. Gafvert:
Please find enclosed the Final Order issued in the above-referenced case. It makes a
finding of violation and assesses a civil penalty of $100,000. I further acknowledge receipt of
Texas Gas Transmission’s payment dated April 10, 2008, in the amount of $100,000, as payment
in full of the civil penalty. This case is now closed. Service of the Final Order by certified mail
is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Wayne Lemoi, Director, Southern Region, PHMSA
Mr. Mike McMahon, Senior Vice-President & General Counsel, Texas Gas
Transmission, LLC
Mr. Jack Adams, Director, DOT Compliance and Security, Boardwalk Pipeline Partners
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0039 0577]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________________
In the Matter of )
Texas Gas Transmission, LLC, ) CPF No. 2-2008-1004
)
)
Respondent. )
__________________________________________)
FINAL ORDER
On November 9, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site investigation of an incident that occurred on October 29, 2007, in
Slaughters, Kentucky, involving the facilities of Texas Gas Transmission, LLC (TGT or
Respondent). TGT, a subsidiary of Boardwalk Pipeline Partners, LP, operates over 6,000 miles
of natural gas pipeline from the Gulf of Mexico to U.S. markets in the South, Midwest and
Northeast.
As a result of the investigation, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated March 6, 2008, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
Respondent had violated 49 C.F.R. § 192.605(a) and proposed assessing a civil penalty of
$100,000 for the alleged violation.
TGT responded to the Notice by electronic mail dated May 13, 2008 (Response), and provided
proof of payment of the proposed civil penalty of $100,000, as provided in 49 C.F.R.
§ 190.227. Payment of the penalty serves to close the case with prejudice to Respondent.
FINDINGS OF VIOLATION
In its Response, TGT did not contest the allegation in the Notice that it violated 49 C.F.R. Part
192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in
relevant part:
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each
pipeline, a manual of written procedures for conducting operations and
maintenance activities and for emergency response. . . .



2
The Notice alleged that TGT failed to follow its own written procedures for conducting
operations and maintenance activities. Specifically, it alleged that Respondent failed to follow
its procedures for preparing and following site-specific plans for running cleaning pigs. TGT
failed to follow its procedure, entitled Texas Gas Procedures, T.70.53.01.07, Section 5.0,
Running Pigs: Subpart 5.1.1, which specifies the procedures for preparing such plans. Each plan
was required to include the following procedures:
- Launching the pig
- Running the pig, including controlling the speed, when required
- Handling liquids and/or material received
- Removing the pig from the trap
- Addressing all safety concerns.
The investigation revealed that on October 29, 2007, while TGT’s employees were in the process
of running two cleaning pigs at the company’s Slaughters Compressor Station, they noticed that
the second pig was not running properly. The pig “trap” was blown down to investigate the
operation of the second pig, but the employees did not have a way of determining the pressure
inside the pig trap prior to opening the door. When they opened the door to check the location of
the pig, the pig dislodged with such force that it broke the door and pinned one of the employees
to a backhoe approximately four feet behind the pig launcher. As a result of the accident, the
injured employee lost his leg. Respondent later determined that the second cleaning pig had
blocked a section of the blow-off piping and did not allow for the full relief of the gas pressure in
the pig trap. The investigation showed that Respondent had failed to prepare and follow a site-
specific plan covering the procedures listed above for this portion of its 26-inch mainline.
The language of 49 C.F.R. §192.605(a) requires operators to prepare and follow, for each
pipeline, a manual of written procedures for conducting operations, maintenance, and emergency
response. The regulation prescribes the minimum safety requirements for all pipeline facilities,
including both new and existing pipelines. All pipeline operators must maintain, follow and
make available to appropriate operating personnel a manual of written procedures for conducting
operations and maintenance activities to enable such personnel to safely and effectively perform
their duties and to maintain the operator’s facilities. Accordingly, based upon a review of all of
the evidence, I find that Respondent violated 49 C.F.R. §192.605 (a), by failing to follow its own
manual of written procedures (Texas Gas Procedures, T.70.53.01.07,Section 5.0, Running Pigs:
Subpart 5.1.1), which required the company to prepare and follow a site-specific plan for
operating pigs on each of its lines.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violation for each day of the violation, up to a maximum of $1,000,000 for any related series of
violations. In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R.



3
§ 190.225, I must consider the following criteria: the nature, circumstances, and gravity of the
violation, including adverse impact on the environment; the degree of Respondent’s culpability;
the history of Respondent’s prior offenses; the Respondent’s ability to pay the penalty and any
effect that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation, without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $100,000 for violation of 49 C.F.R. § 192.605 (a).
Item 1 of the Notice proposed a civil penalty of $100,000 for violation of 49 C.F.R.
§ 192.605(a), for Respondent’s failure to follow its own manual of written procedures for
preparing and following a site-specific plan for running pigs on its 26-inch mainline at the
Slaughters Compressor Station in Slaughters, Kentucky. Federal regulations require that
operators follow for each pipeline a manual of written procedures for conducting operations,
maintenance, and emergency response. Procedures are essential for operator personnel to be
able to perform their duties safely and efficiently. TGT failed to prepare a plan for running pigs,
as specified in its manual of written procedures. 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 $100,000, which amount has already been paid by
Respondent.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
_________________________________ ________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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