# ONEOK NGL PIPELINE, LLC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(a).
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- **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.

Official case documents:

320055034_Final Order_09012006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055034/320055034_Final%20Order_09012006.pdf

CPF_3-2005-5034.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055034/CPF_3-2005-5034.pdf

320055034_Final Order_09012006.pdf

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety Administration
400 Seventh Street, S.W.
Washington, D.C. 20590
SEP - 1 2006
Wesley Christensen
Vice President
ONEOK NGL Pipeline, L.P.
P.O. Box 29
Medford, Oklahoma 73759-0029
RE: CPF NO. 3-2005-5034
Dear Mr. Christensen:
Enclosed is the Final Order for the above-referenced case. It makes findings of violation and
assesses a civil penalty of $7,500. The penalty payment terms are set forth in the Final Order.
This enforcement action closes automatically upon payment. Your receipt of the Final Order
constitutes service of that document under 49 C.F.R. 5 190.5.
Sincerely,
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc: Ivan A. Huntoon
Director, Central Region, PHP-300
CERTIFIED MAIL- RETURN RECEIPT REQUESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
- - - - -
)
In the Matter of 1
1
ONEOK NGL Pipeline, L.P., 1 CPF NO.3-2005-5034
1
Respondent 1
FINAL ORDER
On May 23-25 and June 27- July 1,2005, pursuant to 4.9 U.S.C. 5 601 17, representatives of the
Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS)
reviewed Respondent's operator qualification (OQ) plan and operation and maintenance (O&M)
manual at its facility in Conway, Kansas. As a result of the inspection, the Director, Central
Region, OPS, issued to Respondent, by letter dated September 16,2005, a Notice of Probable
Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. 5 190.207, the
Notice proposed finding that Respondent committed violations of 49 C.F.R. Part 195 and
proposed assessing a civil penalty of $7,500 for the alleged violations.
Respondent failed to respond to the Notice within 30 days after it received the Notice.
Respondent responded to the Notice by letter dated October 2 1,2005 (Response). Respondent
did not contest the allegations of violation and informed OPS that it intended to pay the $7,500
civil penalty proposed in the Notice.
FINDINGS OF VIOLATION
Respondent did not contest the alleged violations in the Notice. Accordingly, I find the
Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the
Notice:
49 C.F.R. 5 195402(a) (Notice Item l(a)) -failing to keep a manual at the Conway
facility where operations and maintenance activities occur; and
49 C.F.R. $ 195.402(a) (Notice Item l(b)) -failing to demonstrate that annual reviews of
the O&M manual for effectiveness were conducted during the 200 1-2005 time period.



These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 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. § 60122 and 49 C.F.R. 8 190.225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation,
degree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability
to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on
Respondent's ability to continue in business, and such other matters as justice may require.
With respect to Item I (a), the Notice proposed a civil penalty of $2,500 for Respondent's failure
to keep an O&M manual at the Conway facility. Keeping a copy of the O&M manual at all
locations where operation and maintenance occurs is important for the safe and consistent
operation of the system. Respondent provided no information that would warrant a reduction in
the civil penalty amount proposed in the Notice for this violation. Accordingly, I assess
Respondent a civil penalty of $2,500 for violating 49 C.F.R. 9 195.402(a).
With respect to Item l(b), the Notice proposed a civil penalty of $5,000 for Respondent's failure
to annually review and update the O&M procedures during the 2001 -2005 time period. Periodic
reviews to ensuring the effectiveness of the O&M procedures is important for the safe operation
of a pipeline facility. Respondent provided no information that would warrant a reduction in the
civil penalty amount proposed in the Notice for this violation. Accordingly, I assess Respondent
a civil penalty of $5,000 for violating 49 C.F.R. § 195.402(a).
Accordingly, having reviewed the record and considered the assessment criteria, I assess
Respondent a total civil penalty of $7,500. Respondent has the ability to pay this penalty without
adversely affecting its ability to continue in business.
Payment of the civil penalty must be made within 20 days of service. Payment may be made by
sending a certified check or money order (containing the CPF Number for this case) payable to
"U.S. Department of Transportation" to the Federal Aviation Administration, Mike Monroney
Aeronautical Center, Financial Operations Division (AMZ-300), P.O. Box 25082, Oklahoma
City, OK 73 125.
Federal regulations (49 C.F.R. § 89.21(b)(3)) also permit this payment to be made by wire
transfer, through the Federal Reserve Communications System (Fedwire), to the account of the
U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire
transfers should be directed to: Financial Operations Division (AMZ-300), Federal Aviation
Administration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK
73 125; (405) 954-8893.



Failure to pay the $7,500 civil penalty will result in accrual of interest at the current annual rate
inaccordance with 31 U.S.C. $3717,31 C.F.R. § 901.9 and 49 C.F.R. 5 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annurn will be charged if
payment is not made within 1 10 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a United
States District Court.
Under 49 C.F.R. § 190.215, Respondent has a right to submit a petition for reconsideration of
this Final Order. Should Respondent elect to do so, the petition must be received within 20 days
of Respondent's receipt of this Final Order and must contain a brief statement of the issue(s).
The filing of a petition automatically stays the payment of any civil penalty assessed. However
if Respondent submits payment for the civil penalty, the Final Order becomes the final
administrative decision and the right to petition for reconsideration is waived. The terms and
conditions of this Final Order are effective on receipt.
)" AU ~ssociate Administrator
for Pipeline Safety
SEP - 1 2006
Date Issued
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