{"operation":"document","citation":"CPF 320055034","title":"ONEOK NGL PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055034.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055034.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055034","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320055034","body":"Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 195,  195.402(a). The case was opened on 2005-09-16 and is reported as closed as of 2006-09-01. Proposed civil penalty: $7,500. Assessed civil penalty: $7,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320055034_Final Order_09012006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055034/320055034_Final%20Order_09012006.pdf\n\nCPF_3-2005-5034.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055034/CPF_3-2005-5034.pdf\n\n320055034_Final Order_09012006.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nSEP - 1 2006\nWesley Christensen\nVice President\nONEOK NGL Pipeline, L.P.\nP.O. Box 29\nMedford, Oklahoma 73759-0029\nRE: CPF NO. 3-2005-5034\nDear Mr. Christensen:\nEnclosed is the Final Order for the above-referenced case. It makes findings of violation and\nassesses a civil penalty of $7,500. The penalty payment terms are set forth in the Final Order.\nThis enforcement action closes automatically upon payment. Your receipt of the Final Order\nconstitutes service of that document under 49 C.F.R. 5 190.5.\nSincerely,\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ivan A. Huntoon\nDirector, Central Region, PHP-300\nCERTIFIED MAIL- RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n- - - - -\n)\nIn the Matter of 1\n1\nONEOK NGL Pipeline, L.P., 1 CPF NO.3-2005-5034\n1\nRespondent 1\nFINAL ORDER\nOn May 23-25 and June 27- July 1,2005, pursuant to 4.9 U.S.C. 5 601 17, representatives of the\nPipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS)\nreviewed Respondent's operator qualification (OQ) plan and operation and maintenance (O&M)\nmanual at its facility in Conway, Kansas. As a result of the inspection, the Director, Central\nRegion, OPS, issued to Respondent, by letter dated September 16,2005, a Notice of Probable\nViolation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. 5 190.207, the\nNotice proposed finding that Respondent committed violations of 49 C.F.R. Part 195 and\nproposed assessing a civil penalty of $7,500 for the alleged violations.\nRespondent failed to respond to the Notice within 30 days after it received the Notice.\nRespondent responded to the Notice by letter dated October 2 1,2005 (Response). Respondent\ndid not contest the allegations of violation and informed OPS that it intended to pay the $7,500\ncivil penalty proposed in the Notice.\nFINDINGS OF VIOLATION\nRespondent did not contest the alleged violations in the Notice. Accordingly, I find the\nRespondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the\nNotice:\n49 C.F.R. 5 195402(a) (Notice Item l(a)) -failing to keep a manual at the Conway\nfacility where operations and maintenance activities occur; and\n49 C.F.R. $ 195.402(a) (Notice Item l(b)) -failing to demonstrate that annual reviews of\nthe O&M manual for effectiveness were conducted during the 200 1-2005 time period.\n\n\n\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to a civil 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. § 60122 and 49 C.F.R. 8 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability\nto pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as justice may require.\nWith respect to Item I (a), the Notice proposed a civil penalty of $2,500 for Respondent's failure\nto keep an O&M manual at the Conway facility. Keeping a copy of the O&M manual at all\nlocations where operation and maintenance occurs is important for the safe and consistent\noperation of the system. Respondent provided no information that would warrant a reduction in\nthe civil penalty amount proposed in the Notice for this violation. Accordingly, I assess\nRespondent a civil penalty of $2,500 for violating 49 C.F.R. 9 195.402(a).\nWith respect to Item l(b), the Notice proposed a civil penalty of $5,000 for Respondent's failure\nto annually review and update the O&M procedures during the 2001 -2005 time period. Periodic\nreviews to ensuring the effectiveness of the O&M procedures is important for the safe operation\nof a pipeline facility. Respondent provided no information that would warrant a reduction in the\ncivil penalty amount proposed in the Notice for this violation. Accordingly, I assess Respondent\na civil penalty of $5,000 for violating 49 C.F.R. § 195.402(a).\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a total civil penalty of $7,500. Respondent has the ability to pay this penalty without\nadversely affecting its ability to continue in business.\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to\n\"U.S. Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-300), P.O. Box 25082, Oklahoma\nCity, OK 73 125.\nFederal regulations (49 C.F.R. § 89.21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMZ-300), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK\n73 125; (405) 954-8893.\n\n\n\nFailure to pay the $7,500 civil penalty will result in accrual of interest at the current annual rate\ninaccordance with 31 U.S.C. $3717,31 C.F.R. § 901.9 and 49 C.F.R. 5 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annurn will be charged if\npayment is not made within 1 10 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a United\nStates District Court.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a petition for reconsideration of\nthis Final Order. Should Respondent elect to do so, the petition must be received within 20 days\nof Respondent's receipt of this Final Order and must contain a brief statement of the issue(s).\nThe filing of a petition automatically stays the payment of any civil penalty assessed. However\nif Respondent submits payment for the civil penalty, the Final Order becomes the final\nadministrative decision and the right to petition for reconsideration is waived. The terms and\nconditions of this Final Order are effective on receipt.\n)\" AU ~ssociate Administrator\nfor Pipeline Safety\nSEP - 1 2006\nDate Issued","truncated":false,"body_characters":7490}