DIXIE PIPELINE COMPANY LLC — Notice of Probable Violation

case documentOfficial PDF220105005_NOPV PCP_08022010.pdf#

case documentOfficial PDF220105005_NOPV PCP_08022010_text.pdf#

220105005_Final Order_12302010_text.pdf, page 1Official PDFDEC 30 2010 Mr. James M. Collingsworth President Dixie Pipeline Company 1100 Louisiana Street Houston, Texas 77002-5227 RE: CPF No. 2-2010-5005 Dear Mr. Collingsworth: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $78,700. This is to acknowledge receipt of payment of the full penalty amount, by wire transfer, dated August 25, 2010. This enforcement action 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 T. Lemoi, Director, PHMSA, OPS Southern Region#

220105005_Final Order_12302010_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) DIXIE PIPELINE COMPANY, ) CPF No. 2-2010-5005 ) Respondent. ) ____________________________________) FINAL ORDER 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 investigation of an accident involving the pipeline system operated by Dixie Pipeline Company (Dixie or Respondent) in Clarke County, Mississippi. Dixie Pipeline Company is a subsidiary of Enterprise Products Operating, LLC. Dixie operates approximately 1,300 miles of pipeline transporting propane to customers in the southeastern United States. The investigation arose out of a propane pipeline explosion in Clarke County, Mississippi, that resulted in the damage of 10 properties along County Road 621, seven injuries and two fatalities. As a result of the investigation, the Director, Southern Region, OPS (Director), issued to Respondent, by letter dated August 2, 2010, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Dixie had violated 49 C.F.R. §190.203(e), and proposed assessing a civil penalty of $78,700 for the alleged violation. Dixie responded to the Notice by email dated September 2, 2010 (Response). The company did not contest the allegation of violation and paid the proposed civil penalty of $78,700, as provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to Respondent. FINDING OF VIOLATION In its Response, Dixie did not contest the allegation in the Notice that it violated 49 C.F.R. Part 190, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 190.203(e), which states in relevant part:#

220105005_Final Order_12302010_text.pdf, page 32 § 190.203 Inspections and investigations. (a) … (e) If a representative of the DOT investigates an incident involving a pipeline facility, OPS may request that the operator make available to the representative all records and information that pertain to the incident in any way, including integrity management plans and test results, and that the operator afford all reasonable assistance in the investigation. The Notice alleged that Respondent violated 49 C.F.R. § 190.203(e) by failing to make available to PHMSA all records and information pertaining to the Dixie pipeline accident on November 1, 2007, and by failing to afford PHMSA representatives all reasonable assistance in its investigation of the accident. Specifically, the Notice alleged that Dixie failed to notify PHMSA in a timely manner that 10 properties along the pipeline that were damaged by the accident did not receive the Public Awareness Program (PAP) brochures Respondent was supposed to have mailed in May 2007. The Notice further alleged that Respondent failed to notify PHMSA in a timely manner that Dixie provided incorrect information regarding its PAP to PHMSA representatives at the scene of the accident. Dixie did not relay this information to PHMSA until January 22, 2009, more than 14 months after it first learned of the problem. Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 190.203(e) by failing to make available to PHMSA representatives all records and information pertaining in any way to the November 1, 2007 accident and by failing to afford all reasonable assistance in the agency’s investigation. 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#