{"operation":"document","citation":"CPF 320171008","title":"VECTOR PIPELINE, L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-07-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.167(a)(4), 192.465(d), 192.603(b), 192.935(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320171008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320171008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320171008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320171008","body":"Notice of Probable Violation involving VECTOR PIPELINE, L.P.. PHMSA's enforcement data identifies the cited regulations as 192.167(a)(4),  192.465(d),  192.603(b),  192.935(a). The case was opened on 2017-07-25 and is reported as closed as of 2018-11-23. Proposed civil penalty: $35,800. Assessed civil penalty: $35,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320171008_Closure Letter_11232018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_Closure%20Letter_11232018.pdf\n\n320171008_Closure Letter_11232018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_Closure%20Letter_11232018_text.pdf\n\n320171008_Final Order_10152018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_Final%20Order_10152018.pdf\n\n320171008_Final Order_10152018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_Final%20Order_10152018_text.pdf\n\n320171008_NOPV PCP PCO_07252017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_NOPV%20PCP%20PCO_07252017.pdf\n\n320171008_NOPV PCP PCO_07252017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_NOPV%20PCP%20PCO_07252017_text.pdf\n\n320171008_Operator Response To Notice_09152017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171008/320171008_Operator%20Response%20To%20Notice_09152017.pdf\n\n320171008_NOPV PCP PCO_07252017_text.pdf\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 25, 2017\nKerry Puckett\nVice President, Natural Gas Operations\nVector Pipeline, LP\n1100 Louisiana, Suite 3300\nHouston, TX 77002\nCPF 3-2017-1008\nDear Mr. Puckett:\nOn October 5-8, and October 19-21, 2015, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to\nChapter 601 of 49 United States Code inspected your records and facilities in Indiana and\nMichigan. As a result of the inspection, it appears that you have committed probable\nviolations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The\nitems inspected and the probable violation(s) are:\n\n\n\n1. 2. § 192.167(a)(4) Compressor stations: Emergency shutdown.\n(a) Except for unattended field compressor stations of 1,000 horsepower (746\nkilowatts) or less, each compressor station must have an emergency shutdown\nsystem that meets the following:\n(1)...\n(4) It must be operable from at least two locations, each of which is:\n(i) Outside the gas area of the station;\n(ii) Near the exit gates, if the station is fenced, or near emergency exits, if not\nfenced; and\n(iii) Not more than 500 feet (153 meters) from the limits of the station....\nVector Pipeline failed to have an emergency shutdown system (ESD System) at a\nfenced compressor station that was operable from at least two locations, each of which\nwas outside the gas area of the compressor station and near the station's exit gates.\nAthens Compressor Station in Athens, Michigan, had an ESD System that was\noperable at each door of the compressor building and inside the MCC/Control\nBuilding. The nearest exit gate to the compressor building was approximately 66 feet\nfrom the switch at the southwest door; however, this switch was not outside the gas\narea. ESD switches installed at or near the compressor building were not outside the\ngas area. The piping and equipment in that building were used to transport gas, which\ncould ignite if a leak or failure occurred.\n§192.465(d) External corrosion control: Monitoring.\n(a) …..\n(d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\nVector failed to take prompt remedial action to correct deficiencies indicated by\nmonitoring. During the inspection, several test point readings were missing over\nmultiple years. Follow-up work did not take place until after the 2015 inspection.\nSpecifically:\n CP test point at MP 247.1858 (Enbridge FLX) could not be located in 2013,\n2014, and 2015. An update was given stating that it is now electrically\nconnected with Enbridge and can be taken off the repair list.\n CP test point at MP 265.0394 (Michcon FLX) could not be located in 2013,\n2014, and 2015. It was stated during the inspection that this test lead is now on\nthe list for repair.\n CP test point at MP 332.9769 (Great Lakes FLX) was found to have bad test\nleads in 2013, 2014, and 2015. This was repaired 10/29/15.\n CP test point at MP 18.0159 (88th Ave) was found to have bad test leads in\n2013 and 2014. This test point was repaired by the 9/3/2015 survey.\n2\n\n\n\n CP test point at MP 21.8008 (Sunset Drive) was found to have bad test leads in\n2013 and 2014. This test point was repaired by the 9/3/2015 survey.\nThese are violations of 192.465(d) as prompt remedial action was not taken.\n3. §192.603 General provisions.\n(a) …..\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\nVector failed to document the periodic review of work done by its personnel to\ndetermine the effectiveness and adequacy of the procedures used in normal operation\nand maintenance and modification of its procedures. There is no formal\ndocumentation to show evidence that a periodic review of work done by operator\npersonnel to determine the effectiveness and adequacy of procedures as per\n192.605(b)(8) was performed. Vector’s O&M manual, section 1.1.3.1 states that “the\nwork done by operating personnel will be reviewed periodically by the Review Team\nto determine the adequacy and effectiveness of procedures used in normal\noperations and maintenance and for controlling abnormal operations,\" but\ndocumentation of this review could not be provided during the inspection. This is a\nviolation of 192.603(b).\n4. §192.935 What additional preventive and mitigative measures must an operator\ntake?\na) General requirements. An operator must take additional measures beyond\nthose already required by Part 192 to prevent a pipeline failure and to mitigate the\nconsequences of a pipeline failure in a high consequence area. An operator must\nbase the additional measures on the threats the operator has identified to each\npipeline segment. (See § 192.917) An operator must conduct, in accordance with\none of the risk assessment approaches in ASME/ANSI B31.8S (incorporated by\nreference, see § 192.7), section 5, a risk analysis of its pipeline to identify additional\nmeasures to protect the high consequence area and enhance public safety. Such\nadditional measures include, but are not limited to, installing Automatic Shut-off\nValves or Remote Control Valves, installing computerized monitoring and leak\ndetection systems, replacing pipe segments with pipe of heavier wall thickness,\nproviding additional training to personnel on response procedures, conducting\ndrills with local emergency responders and implementing additional inspection\nand maintenance programs.\nDuring the inspection, Vector was unable to provide information on additional\npreventive and mitigative measures considered or taken for each pipeline segment in a\n3\n\n\n\nhigh consequence area, beyond those already required by Part 192. Vector\nsubsequently stated that their Integrity Management Plan would be re-written by the\nsecond quarter of 2016.\nProposed Civil Penalty\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. The Compliance Officer has reviewed the\ncircumstances and supporting documentation involved in the above probable violation(s) and\nhas recommended that you be preliminarily assessed a civil penalty of $35,800 as follows:\nItem number PENALTY\n2 $20,300\n3 $15,500\nWarning Items\nWith respect to item 4 we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct this item. Failure to\ndo so may result in additional enforcement action.\nProposed Compliance Order\nWith respect to item 1 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous\nMaterials Safety Administration proposes to issue a Compliance Order to Vector Pipeline, LP.\nPlease refer to the Proposed Compliance Order, which is enclosed and made a part of this\nNotice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. All material you submit in response to this enforcement action may be made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide\na second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt\nof this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\n4\n\n\n\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this\nNotice without further notice to you and to issue a Final Order.\nIn your correspondence on this matter, please refer to CPF 3-2017-1008 and for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n5\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Vector Pipeline a Compliance Order\nincorporating the following remedial requirements to ensure the compliance of Vector\nPipeline with the pipeline safety regulations:\n1. 2. 3. In regard to Item Number 1 of the Notice pertaining to emergency shutdowns\nat compressor stations, Vector Pipeline must install shutdowns outside of the\ngas areas at the Athens Compressor Station, as required.\nVector Pipeline must provide a proposed schedule for installation of the\ndevices in Item 1 within 30 days after receipt of the Final Order.\nIt is requested (not mandated) that Vector Pipeline maintain documentation of\nthe safety improvement costs associated with fulfilling this Compliance Order\nand submit the total to Allan C. Beshore, Director, Central Region, Pipeline\nand Hazardous Materials Safety Administration. It is requested that these costs\nbe reported in two categories: 1) total cost associated with preparation/revision\nof plans, procedures, studies and analyses, and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\n6\n\n320171008_Final Order_10152018_text.pdf\n\nOctober 15, 2018\nMr. Al Monaco\nPresident and Chief Executive Officer\nEnbridge, Inc.\n5400 Westheimer Court\nHouston, TX 77056\nRe: CPF No. 3-2017-1008\nDear Mr. Monaco:\nEnclosed please find the Final Order issued in the above-referenced case to Vector Pipeline, LP\n(Vector), a joint pipeline venture of Enbridge, Inc., and DTE Energy Company, that is operated\nby Enbridge. It makes findings of violation, assesses a civil penalty of $35,500, and specifies\nactions that need to be taken by Vector to comply with the pipeline safety regulations. The\npenalty payment terms are set forth in the Final Order. When the civil penalty has been paid and\nthe terms of the compliance order completed, as determined by the Director, Central Region, this\nenforcement action will be closed. Service of the Final Order by certified mail is effective upon\nthe date of mailing as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Allan Beshore, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. John T. Donaldson, Jr., President, Vector Pipeline, LP, 38705 Seven Mile Road,\nSuite 490, Livonia, Michigan 48152\nMr. Kerry Puckett, Vice President, Natural Gas Operations, Vector Pipeline, LP\nMr. Rick Kivela, Manager, Operational Compliance, Enbridge, Inc.\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nVector Pipeline, LP, ) CPF No. 3-2017-1008\na joint venture of Enbridge, Inc., and )\nDTE Energy Company, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom October 5 through October 8, 2015, pursuant to 49 U.S.C. § 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Vector\nPipeline, LP (Vector or Respondent), in Indiana and Michigan. Vector is a joint venture between\nEnbridge, Inc. (Enbridge), and DTE Energy Company, with pipeline operations conducted by\nEnbridge.1 Vector’s assets include more than 400 miles of natural gas pipeline and several\nassociated facilities in the United States and Canada.2\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated July 25, 2017, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice), which also included a warning pursuant to 49 C.F.R.\n§ 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Vector had\nviolated 49 C.F.R. §§ 192.167(a)(4), 192.465(d) and 192.603(b) and proposed assessing a civil\npenalty of $35,800 for the alleged violations. The Notice also proposed ordering Respondent to\ntake certain measures to correct one alleged violation. The warning item required no further\naction, but warned the operator to correct the probable violation or face possible future\nenforcement action.\nAfter requesting and receiving an extension of time to respond, Enbridge responded to the Notice\non behalf of Vector, by letter dated September 15, 2017 (Response). Respondent partially\ncontested one of the allegations of violation, provided an explanation of its actions, and\nrequested that the proposed civil penalty be reduced or eliminated. Respondent did not contest\nthe proposed compliance action, but not provide information concerning corrective actions it had\ntaken. Respondent did not request a hearing and therefore has waived its right to one.\n1 Vector Pipeline, LP, website, available at http://www.vector-pipeline.com/About-Us/About-Vector.aspx (last\naccessed June 15, 2018).\n2 Id.\n\n\n\nCPF No. 3-2017-1008\nPage 2\nFINDINGS OF VIOLATION\nExcept as indicated below, Respondent did not contest the allegations in the Notice that it\nviolated 49 C.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(4), which states:\n§ 192.167 Compressor stations: Emergency shutdown.\n(a) Except for unattended field compressor stations of 1,000 horsepower\n(746 kilowatts) or less, each compressor station must have an emergency\nshutdown system that meets the following:\n(1) . . . .\n(4) It must be operable from at least two locations, each of which is:\n(i) Outside the gas area of the station;\n(ii) Near the exit gates, if the station is fenced, or near emergency exits,\nif not fenced; and\n(iii) Not more than 500 feet (153 meters) from the limits of the station.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(4) by failing to have an\nemergency shutdown (ESD) system for a compressor station that was operable from at least two\nlocations, each of which was outside the gas area of the compressor station and near the fenced\nstation’s exit gates. Specifically, the Notice alleged that the ESD system at Vector’s Athens\nCompressor Station did not have an operation switch installed outside the gas area of the station\nand near the station’s emergency exit gates.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.167(a)(4) by failing to have an\nESD system for a compressor station that was operable from at least two locations, each of\nwhich was outside the gas area of the compressor station and near the station’s exit gates.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.465(d), which states:\n§ 192.465(d) External corrosion control: Monitoring.\n(a) . . . .\n(d) Each operator shall take prompt remedial action to correct any\ndeficiencies indicated by the monitoring.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.465(d) by failing to take prompt\nremedial action to correct deficiencies indicated by monitoring at five cathodic protection (CP)\ntest points. Specifically, the Notice alleged that Vector failed to take readings during 2013,\n2014, and 2015 at five CP test points, and did not conduct remedial action to address bad test\nleads until after PHMSA’s 2015 inspection.\nRespondent did not contest this allegation of violation, but did offer information that one test\npoint was located on a third-party line, not Vector’s line, and that another test point was\n“considered as an informational reference test point – a test point that is only used for reference\npurposes and not intended to be utilized as test points to ‘determine the adequacy of cathodic\n\n\n\nCPF No. 3-2017-1008\nPage 3\nprotection of the pipeline.’”3 Additionally, Respondent argued that three of the test points,\nincluding the “informational reference test point,” were close enough to upstream or downstream\nCP test points for Vector to sufficiently determine the adequacy of CP.\nIn light of the information provided by Respondent, I agree that the test point located on the\nthird-party line does not constitute an instance of violation. Respondent’s other arguments are\nunpersuasive. Accordingly, based upon a review of all of the evidence, I find that Respondent\nviolated 49 C.F.R. § 192.465(d) by failing to take prompt remedial action to correct deficiencies\nindicated by monitoring at four CP test points.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.603(b), which states:\n§ 192.603 General provisions.\n(a) . . . .\n(b) Each operator shall keep records necessary to administer the\nprocedures established under §192.605.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.603(b) by failing to document the\nperiodic review of work done by Vector’s personnel to determine the effectiveness and adequacy\nof the procedures used in normal operation and maintenance and modifying the procedures when\ndeficiencies are found, as required under 49 C.F.R. § 192.605(8). Specifically, the Notice\nalleged that Vector did not maintain any formal documentation to demonstrate that a periodic\nreview of work done by operator personnel was conducted to determine the effectiveness and\nadequacy of the procedures used in normal operation and maintenance, as required under\n49 C.F.R. § 192.605(8) and Vector’s own O&M Manual, section 1.1.3.1.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.603(b) by failing to document\nthe periodic review of work done by Vector’s personnel to determine the effectiveness and\nadequacy of the procedures used in normal operation and maintenance and modifying the\nprocedures when deficiencies are found, as required under 49 C.F.R. § 192.605(8).\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 an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.4\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\n3 Response, at 3-4.\n4 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum\nCivil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).\n\n\n\nCPF No. 3-2017-1008\nPage 4\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; and any effect that the penalty may have on its ability to continue\ndoing business; and the good faith of Respondent in attempting to comply with the pipeline\nsafety regulations. In addition, I may consider the economic benefit gained from the violation\nwithout any reduction because of subsequent damages, and such other matters as justice may\nrequire. The Notice proposed a total civil penalty of $35,800 for the violations cited above.\nItem 2: The Notice proposed a civil penalty of $20,300 for Respondent’s violation of 49 C.F.R.\n§ 192.465(d), for failing to take prompt remedial action to correct deficiencies indicated by\nmonitoring at five CP test points. As noted in the finding of violation above, Respondent argued\nthat PHMSA should withdraw four of the five instances of violation and reduce the civil penalty\naccordingly.\nWith respect to the test point located on the third-party line, I agree with Respondent and have\nconsequently reduced the instances of violation from five to four. With respect to the remaining\ntest points, Vector did not distinguish between test points that require monitoring under the\ncompany’s O&M Manual and those that did not and, accordingly, violated § 192.465(d) by\nfailing to correct deficiencies in monitoring at those four test points. In consideration of\nRespondent’s remaining arguments and of the other criteria required by 49 U.S.C. § 60122, I\nfind no reason to further reduce the civil penalty. Based upon the foregoing, I assess Respondent\na reduced civil penalty of $20,000 for violation of 49 C.F.R. § 192.465(d).\nItem 3: The Notice proposed a civil penalty of $15,500 for Respondent’s violation of 49 C.F.R.\n§ 192.603(b), for failing to document the periodic review of work done by Vector’s personnel to\ndetermine the effectiveness and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found, as required under\n49 C.F.R. § 192.605(8). In the Response, Enbridge alleged that Vector was performing the\nperiodic reviews required by § 192.605(8), but that the company simply did not have\ndocumentation to evidence said review. Because Respondent admits the violation of 49 C.F.R. §\n192.603(b), and offers no mitigating factors for its failure to keep adequate documentation, I find\nno reason to reduce the civil penalty. Accordingly, having reviewed the record and considered\nthe assessment criteria, I assess Respondent a civil penalty of $15,500 for violation of 49 C.F.R.\n§ 192.603(b).\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $35,500.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.\nThe Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $35,500 civil penalty will result in accrual of interest at the current annual rate\n\n\n\nCPF No. 3-2017-1008\nPage 5\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 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 district\ncourt of the United States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of\n49 C.F.R. § 192.167(a)(4). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.167(a)(4) (Item 1), Respondent must install\nemergency shutdown devices outside of the gas areas at the Athens Compressor\nStation, as required under the regulation. Respondent must provide a proposed\nschedule for installation of the devices within 30 days after receipt of this Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nWARNING ITEM\nWith respect to Item 4, the Notice alleged a probable violation of Part 192 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 192.935(a) (Item 4) ─ Respondent’s alleged failure to provide\ninformation on additional preventative and mitigative measures considered or\ntaken for each pipeline segment in a high consequence area.\n\n\n\nCPF No. 3-2017-1008\nPage 6\nRespondent presented information in its Response showing that it was taking certain actions to\naddress this warning item. If OPS finds a violation of this provision in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays\nthe payment of any civil penalty assessed. The other terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nOctober 15, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n320171008_Closure Letter_11232018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 23, 2018\nMs. Michele Harradence\nSenior Vice President\nEnbridge Gas Transmission and Midstream\nVector Pipeline, LP\n5400 Westheimer Court\nHouston, TX 77056\nCPF 3-2017-1008\nDear Ms. Harradence:\nOn October 15, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Vector Pipeline, LP a Final Order in the above-referenced case. This Order included a\nCompliance Order and Civil Penalty assessment. Based on our review of the documentation you\nprovided on November 6, 2018 and confirmation of payment of the civil penalty, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nAllan C. Beshore\nDirector, OPS, Central Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":29479}