# TEXAS GAS TRANSMISSION, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220111001
- **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:** 2011-01-19
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.465(a), 192.709(c), 192.745(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-220111001.json
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- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220111001
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220111001
**body:**

Notice of Probable Violation involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.465(a),  192.709(c),  192.745(a). The case was opened on 2011-01-19 and is reported as closed as of 2011-06-09. Proposed civil penalty: $19,600. Assessed civil penalty: $19,600. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220111001_Final Order_06092011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111001/220111001_Final%20Order_06092011.pdf

220111001_Final Order_06092011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111001/220111001_Final%20Order_06092011_text.pdf

220111001_NOPV-PCP_01192011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111001/220111001_NOPV-PCP_01192011.pdf

220111001_NOPV-PCP_01192011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111001/220111001_NOPV-PCP_01192011_text.pdf

220111001_Operator Response_NOPV_PCP_02252011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111001/220111001_Operator%20Response_NOPV_PCP_02252011.pdf

220111001_Final Order_06092011_text.pdf

JUN 9 2011
Mr. David Goodwin
Vice President Compliance and Operations Services
Texas Gas Transmission, LLC
9 Greenway Plaza, Suite 2800
Houston, TX 77046
Mr. Rolf A. Gafvert
Chief Executive Officer, President and Director
Boardwalk Pipeline Partners, LP
9 Greenway Plaza, Suite 2800
Houston, TX 77046
Re: CPF No. 2-2011-1001
Dear Mr. Goodwin and Mr. Gafvert:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $19,600. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated February 28, 2011. 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. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety
Mr. Wayne T. Lemoi, Director, Southern Region, PHMSA
Mr. Walter Bennett, Senior Vice President Operations, Texas Gas Transmission, LLC
Mr. Jack Adams, Director, DOT Compliance and Security, Texas Gas Transmission, LLC
Mr. Jeffrey McMaine, Director, Pipeline Assessments, Texas Gas Transmission, LLC
P.O Box 20008, 3800 Frederica Street, Owensboro, KY 42304-0008
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0075 9350]



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. 2-2011-1001
a subsidiary of Boardwalk Pipeline )
Partners, LP, )
)
)
)
Respondent. )
___________________________________ )
FINAL ORDER
On October 5, 2009, through November 20, 2009, 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 pipeline safety inspection of the facilities and
records of Texas Gas Transmission, LLC (Texas Gas or Respondent) in Kentucky and
Mississippi. Texas Gas is a wholly-owned subsidiary of Boardwalk Pipeline Partners, LP, which
operates a 6,110-mile natural gas pipeline system that spans from Gulf Coast and Fayetteville
Shale supply areas to markets in the Midwest and Northeast via interconnections with third-party
pipelines.
1
As a result of the inspection, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated January 19, 2011, a Notice of Probable Violation and Proposed Civil
Penalty (Notice).2 Texas Gas had violated 49 C.F.R. §§ 192.709(c) and proposed assessing a civil penalty of
$19,600 for the alleged violations.
In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
1 Texas Gas Transmission LLC website, http://www.txgt.com; see also Boardwalk Pipeline Partners LP website,
http://www.bwpmlp.com.
2 Boardwalk Pipeline Partners LP is a master limited partnership engaged through its subsidiaries, Gulf South
Pipeline Company LP, Texas Gas Transmission LLC, and Gulf Crossing Pipeline Company LLC, in the interstate
transportation and storage of natural gas. See Boardwalk Pipeline Partners, LP website, http://www.bwpmlp.com.
While the Violation Report was addressed to ‘Texas Gas Transmission LLC c/o Boardwalk Pipeline Partners LP,’
the Notice was incorrectly addressed to one of the other wholly-owned subsidiaries of Boardwalk Pipeline Partners,
LP, ‘Gulf South Pipeline Co. LP.’ The named individual on the Notice, Mr. David Goodwin, Vice President
Compliance and Operations Services, responded on behalf of Texas Gas Transmission LLC. In this Final Order, we
have corrected the legal entity name to Texas Gas Transmission LLC, and included the parent entity, Boardwalk
Pipeline Partners LP, for clarification and consistency.



2
Texas Gas responded to the Notice by letter dated February 25, 2011 (Response). The company
did not contest the allegations of violation and paid the proposed civil penalty of $19,600, 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, Texas Gas did not contest the allegations 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. § 192.709(c), which states:
§ 192.709 Transmission lines: Record keeping.
(a) . . . .
(c) A record of each patrol, survey, inspection, and test required by subparts L and M
of this part must be retained for at least 5 years or until the next patrol, survey, inspection,
or test is completed, whichever is longer.
The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain
records of the relief valve capacity determinations required by subparts L and M of Part 192 for
at least 5 years or until the next capacity determination is completed, whichever is longer.
Specifically, the Notice alleged that Texas Gas failed to maintain the records for its relief valve
capacity determinations for the West Greenville District for the 2008 calendar year.
Section 192.743 requires that the capacity of relief devices be determined at intervals not
exceeding 15 months, but at least once each calendar year. That determination must be made by
either testing the devices in place, or by review and calculations. Section 192.709(c) further
requires that these records of these tests be retained for at least 5 years or until the next patrol,
survey, inspection, or test is completed, whichever is longer.
Texas Gas makes and keeps a record of its regulator valve, monitor, and relief valve inspections,
including capacity reviews, on a Regulatory Inventory Inspection Records with Capacity Review
sheet in its Condensed Inventory Report. The Condensed Inventory Report reviewed by PHMSA
during the inspection contained relief valve capacity determination reviews for the 2006 and
2007 calendar years, as well as multiple capacity determination reviews for the 2009 calendar
year. The Condensed Inventory Report, however, did not contain capacity determination reviews
for a number of relief valves in its West Greenville District for the 2008 calendar year.3
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. § 192.709(c) by failing to maintain
records of relief valve capacity determinations required by subparts L and M of Part 192 for at
least 5 years or until the next capacity determination is completed, whichever is longer.
3 Pipeline Safety Violation Report, at 2.



3
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), which states:
§ 192.709 Transmission lines: Record keeping.
(a) . . . .
(c) A record of each patrol, survey, inspection, and test required by
subparts L and M of this part must be retained for at least 5 years or until
the next patrol, survey, inspection, or test is completed, whichever is
longer.
The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain
records of each inspection required by subparts L and M of this part for at least 5 years or until
the inspection is completed, whichever is longer. Specifically, the Notice alleged that Texas Gas
did not have mainline valve inspection records for the 2008 calendar year.
Section 192.745 requires that “[e]ach transmission line valve that might be required during any
emergency . . . be inspected and partially operated at intervals not exceeding 15 months, but at
least once each calendar year.” Section 192.709(c) further requires that records of these
inspections be retained for at least 5 years or until the next inspection is completed, whichever is
longer.
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. § 192.709(c) by failing to maintain
records of each mainline valve inspection required by subparts L and M of Part 192 for at least 5
years or until the next inspection is completed, whichever is longer.
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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