{"operation":"document","citation":"CPF 320035001","title":"WILLIAMS ENERGY SERVICES — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-01-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.573.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320035001","body":"Notice of Probable Violation involving WILLIAMS ENERGY SERVICES. PHMSA's enforcement data identifies the cited regulation as 195.573. The case was opened on 2003-01-15 and is reported as closed as of 2003-11-25. Proposed civil penalty: $4,000. Assessed civil penalty: $4,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320035001.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035001/320035001.pdf\n\n320035001_Final Order_11252003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035001/320035001_Final%20Order_11252003.pdf\n\n320035001_Final Order_11252003.pdf\n\nU.S. Department\n400 Seventh St.. S.W\nof Transportation\nWashington. D.C. 20590\nResearch and\npecial Program\nIdministratio:\nNOV 2 5 2003\nMr. Rick A. Olsen\nVice President, Pipeline Operations\nMagellan Midstream Partners, L.P.\nOne Williams Center, Mail Drop 28-1\nP. O. Box 22186\nTulsa, OK 74121-2186\nRE: Mid-America Pipeline Company (CPF No. 3-2003-5001)\nDear Mr. Olson:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $4,000. Your\nreceipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. I\nacknowledge receipt of, and accept your (Williams Energy Services) payment dated January 23,\n2003 in the amount of $4,000 as payment in full of the civil penalty assessed against MAPCO in the\nFinal Order. MAPCO was owned by Williams Energy, which is now Magellan Midstream Partners,\nL.P. This case is now closed. Thank you for your cooperation in our joint effort to ensure pipeline\nsafety.\nSincerely,\nJan M\nfor\nGwendolyn M. Hill\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRE SEARCH AI\\D S PECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nMid-America pipeline Companyr ) CPF No. 3-2003-5001\nRespondent )\nFINAL ORDER\nOn April 28 through May 2,2002,pursuant to 49 U.S.C. $ 60117, a representative of the Office of\npipeline Safety (OFS), conducted an on-site pipeline safety inspection of Respondent's facilities and\nrecords at Mid-America Pipeline (MAPCO) in Iowa City, IA. As a result of the inspection, the\nDirector, Central Region, OPS, issued to Respondent, by letter dated January 15,2003, a Notice of\nprobable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. $ 190.207'\nthe Notice proposed finding that Respondent committed a violation of 49 C.F.R. $195.573 and\nproposed assessing a civil penalty of $4,000 for the alleged violation.\nRespondent failed to respond within 30 days after it had received the Notice. Respondent's failure\nto rispond constitutes a waiver of Respondent's right to contest the allegations in the Notice and\nauthorizes the entry of this Final Order. Respondent submitted payment in the amount of the\nproposed penalty ($4,000), waiving further right to appeal.\nFINDINGS OF VIOLATION\nRespondent did not contest the alleged violation of $ 195.573 in the Notice. Accordingly, I find that\nRespondent violated 49 c.F.R. Part 195, as more fully described in the Notice:\n49 c.F.R. $195.573 -failingto electricallycheckforproperperformanceofthecritical bond\nlocated on Segment eq-q alNIp 54.04in the Iowa City Unit at least six times each calendar\nyear but with intervals not exceeding 2 t/zmonths, as the bond was only checked twice in\nlggg, four (4) times in 2000, and four (4) times in 2001'\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against ResPondent.\nlThe payrnent was submitted by williams Energy. MAPCo was owned by williams Energy, which is now Magellan\nMidstream Partners, L.P.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. S 60122, Respondent is subject to a civiT 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.\n49 U.S.C. S 60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $4,000 for violatio nof 49C.F.R. $195.573, as Respondent\nfailed to monitor external corrosion control on Segment 64-4 at MP 54.04 in the Iowa City Unit.\nAccordingly, having reviewed the record and considered the assessment criteria, I assessed\nRespondent a civil penalty of $4,000, already paid by the Respondent.\nUnder 49 C.F.R. $ 190.21 5, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The filing of the petition automatically\nstays the payment of any civil penalty assessed. However if Respondent submits payment for the\ncivil penalty, the Final Order becomes the final administrative decision and the right to petition for\nreconsideration is waived. The terms and conditions of this Final Order are effective on receipt.\nNQV Z 5 ;{rijj\nDate Issued\nStacev Gerard\nz J\n.4 #lss o ciate Admini strator\nI- ' for Pipeline Safety","truncated":false,"body_characters":5589}