CPF 32023009NOPV
CPF 32023009NOPV
party submissionOfficial PDF32023009NOPV_Operator Response to Notice_06152023_(22-233968).pdf#
case documentOfficial PDF32023009NOPV_PCP_05172023_(22-233968).pdf#
case documentOfficial PDF32023009NOPV_PCP_05172023_(22-233968)_text.pdf#
32023009NOPV_Final Order_07072023_(22-233968)_text.pdf, page 1Official PDFJuly 7, 2023 VIA ELECTRONIC MAIL TO: mark.hewett@nngco.com Mr. Mark Hewett President and Chief Executive Officer Northern Natural Gas Company 1111 South 103rd Street Omaha, Nebraska 68124 Re: CPF No. 3-2023-009-NOPV Dear Mr. Hewett: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation, and finds that the civil penalty amount of $75,200 has been paid in full. This case is now closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Thomas Correll, Vice President of Pipeline Safety and Risk, Northern Natural Gas Company, thomas.correll@nngco.com Mr. Brian J. Mundt, Vice President of Operations, Northern Natural Gas Company, brian.mundt@nngco.com CONFIRMATION OF RECEIPT REQUESTED#
32023009NOPV_Final Order_07072023_(22-233968)_text.pdf, page 3U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Northern Natural Gas Company, ) CPF No. 3-2023-009-NOPV a subsidiary of Berkshire Hathaway ) Energy Company, ) ) ) ) Respondent. ) ____________________________________) FINAL ORDER On May 17, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Civil Penalty1 (Notice) to Northern Natural Gas Company (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192 and proposed a civil penalty of $75,200. Respondent did not contest the allegation of violation and paid the proposed civil penalty on June 1, 2023. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.605(a) (Item 4) ─ Respondent failed to follow its operations and maintenance procedure 080.501 and observe surface conditions over its right-of- way when conducting aerial patrols of its pipeline system. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed the proposed civil penalty amount of $75,200, which Respondent has already paid in full. Warning Items With respect to Items 1, 2, 3 and 5, the Notice alleged probable violations of 49 C.F.R. §§ 192.467(c), 192.605(a), 192.605(a) and 192.917(c), respectively, but did not propose a civil 1 The May 17, 2023, Notice was titled, “Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order,” however, no compliance actions were proposed in the letter.#
32023009NOPV_Final Order_07072023_(22-233968)_text.pdf, page 4penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. July 7, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.