NORTHERN NATURAL GAS CO — Notice of Probable Violation

case documentOfficial PDF320021004.pdf#

320021004_Final Order_08252003.pdf, page 1Official PDF@ U.S.Deportment of Tronsporfotion Reseorchond Speciol Progroms Administrotion 400 Sevenlh St . S.W Washington, D.C 20590 AUo 2 5 2003 Mr, Royce A. Ramsey Vice President, Operations Northern Natural Gas Company 1111 South 103'd Street Omaha, NE 68124-1091 Re: CPF No. 3-2002-1004 Dear Mr. Ramsey: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation, assesses a civil penalty of $22,750, and acknowledges completion of conective action. All actions required in the Compliance Order have been completed. I acknowledge receipt of, and accept yourwire transfer dated August 21, 2012,in the amount of $22,750 as payment in full of the civil penalty. Based on the recommendation ofthe Director, Central Region, this case is now closed and no further enforcement action is contemplated with respect to the matters involved in the case. Thank you for your cooperation in our joint effort to ensure pipeline safety. Sincerely, \ t! lh,NLL, v , Gwendolyn M. Hill Pipeline Compliance Registry Office of Pipeline Safety Enclosure cc: Pat Vaughan Director - krtegrity Management CERTIFIED MAIL. RETURN RECEIPT REOUESTED#

320021004_Final Order_08252003.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Northern Natural Gas Company Respondent. CPF No. 3-2002-1004 FINAL ORDER BetweenJuly200l andNovember2001, pursuantto 49U.S.C. $ 60117, representatives ofthe Office of Pipeline Safety (OPS) and the Iowa UtilityBoard, conducted on-site pipeline safety inspections of Respondent's facilities in Kansas, Iowa, South Dakota, Nebraska, and Minnesota. As aresult of the inspection, the Director, Central Region, OPS, issued to Respondent, by letter dated June 5, 2002, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 5 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R.Part 192 and proposed that Respondent take certain measures to correct the alleged violation. Respondent responded to the Notice by letter dated August 15,2002 (Response). Respondent did not contest the allegations of violation but provided information concerning the corrective actions it has taken. Respondent did not request ahearing, consequentlyRespondent waived its right to one. FINDINGS OF VIOLATION Respondent did not contest the alleged violations in the Notice. Accordingly, I find that Respondent violated the following sections of 49 C.F.R.Part 192, as more fully described in the Notice: 49 C.F.R. 5 192.465(a) - failure to test the cathodic protection test stations at least once a year, with intervals not exceeding 15 months. There were 9 branch lines in the Platteville, Wisconsin areathat exceeded the 15 month interval. LaFarge exceeded by Prarie Du Chien exceeded by Mineral Point exceeded by Darlington exceeded by Lake Delton exceeded by Wisconsin Dells exceeded by Westby exceeded by Viroqua exceeded by Viola exceeded bv 16 days 12 days 6 days 6 days 3 days 3 days 16 days 16 days 20 days#

320021004_Final Order_08252003.pdf, page 32 49 C.F.R. 5 192.745 - failure to inspect 51 mainline valves on line 730A,line 7308, line 670c,line 670D, and line 6708 at intervals not exceeding 15 months. These findings ofviolation will be considered prior offenses in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a compliance order. Respondent has demonstrated corrective action addressing the items in the proposed compliance Order. The Director, Central Region, OPS has accepted these measures as adequately fulfilling the requirements of the regulations and no further action is needed with respect to a compliance order. ASSESSMENT OF PENALTY Under 49 U.S.C. 5 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. 49 U.S.C. g 60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree ofRespondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the penalty, good faithbyRespondent in attempting to achieve compliance, the effect on Respondent's ability to continue in business, and such other matters as justice may require. I assess a civil penalty in the amount of $22,750, already paid by Respondent. The terms and conditions of this Final Order are effective upon receipt. AUO 2 5 2oo3 Date Issued {^ Associate Administrator for Pipeline Safety#