{"operation":"document","citation":"CPF 420021003","title":"TRANSWESTERN PIPELINE COMPANY LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-12-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.707(d)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420021003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420021003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420021003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420021003","body":"Notice of Probable Violation involving TRANSWESTERN PIPELINE COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 192.707(d)(2). The case was opened on 2002-12-09 and is reported as closed as of 2005-11-02. Proposed civil penalty: $10,000. Assessed civil penalty: $10,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420021003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420021003/420021003.pdf\n\n420021003_Final Order_12302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420021003/420021003_Final%20Order_12302003.pdf\n\nCPF No 4-2002-1003 Close Out.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420021003/CPF%20No%204-2002-1003%20Close%20Out.pdf\n\n420021003_Final Order_12302003.pdf\n\no\nU.S. Deportrnent\nof Tronsportotion\nReseorch ond\nSpcciol Progroms\nAdminislrolion\n400 Sevenlh Sl . S W\nwashrnglon. D C 20590\nDEC 3 0 ZL)ilt\nMr. David L. Johnson\nVice President, Pipeline Safety\nEnron Transportation Services Company\nP.O. Box 1188\nHouston, TX 77251-1188\nRe: CPFNo.4-2002-1003\nDear Mr. Johnson:\nEnclosed is the Fina-l Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a hnding ofviolation, assesses a civil penalty of$10,000, and\nspecifies actions to be taken to comply with the pipeline safety regulations. The penalty payment\nterms are set forth in the Final Order. When the civil penalty is paid and the terms of the compliance\norder completed, as determined by the Director, Southwest Region, this enforcement action will be\nclosed. Yourreceipt of the Final Order constitutes service of that document under 49 C.F.R. $ 190.5.\nSincerely,\n\\tl\nAar- /l/L',----\n\\-/\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safetv\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECL{L PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAT'ETY\nWASHINGTON. DC 20590\nIn the Matter of\nEnron Transportation\nServices Company,\nRespondent.\nCPF No. 4-2002-1003\nFINAL ORDER\nOn MayT - 10,2002, pursuantto 49 U.S.C. $ 60117, arepresentative ofthe Office ofPipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of Respondent's facilities and records in\nAlbuquerque, New Mexico. As a result of the inspection, the Director, Southwest Region, OPS,\nissued to Respondent, by letter dated Decemb er 9,2002, a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Itrotice). In accordance with 49 C.F.R. E 190.207,\nthe Notice proposed hnding that Respondent had violated 49 C.F.R. $ 192.707(dX2) and proposed\nassessing a civil penalty of $10,000 for the alleged violation. The Notice also proposed that\nRespondent take certain measures to correct the alleged violation.\nRespondentrespondedtotheNoticebyletterdatedJanuaryT,2003@esponse). Respondentdidnot\ncontest the allegation, but contested the assessment ofthe civil penalty on procedural grounds and\nrequested a hearing. The hearing was held on May 6,2003 in Houston, TX. After the hearing\nRespondent provided a summary of the information it had presented at the hearing by letter dated\nJune 4, 2003.\nF]NDINGS OF VIOLATION\nIn its Response and at the hearing, Respondent did not contest the alleged violation in the Notice.\nAccordingly, I find that Respondent violated the following sections of 49 C.F.R. Part 192, as more\nfully described in the Notice:\n49 C.F.R. $ 192.707(dX2) -- failing to have a telephone number where Respondent can be\nreached at all times written on each line marker for mains and transmission lines. Field tests\nby the OPS inspector demonstrated that telephone numbers listed on some line markers did\nnot match those in Respondent's written procedures and did not connect to Respondent's\noffices when called.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken asainst Respondent.\n\n\n\n2\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.\nIn its Response and at the hearing, Respondent argued that OPS is precluded from assessing a civil\npenalty because the civil penalty and the compliance order (discussed below) are based on the same\nact. Respondent based its argument on 49 C.F.R. § 190.223(d), which requires that: \"No persor\nshall be subject to a civil penalty under this section for the violation of any requirement of this\nsubchapter and an order issued under § 190.217, § 190.219 or § 190.233 if both violations are based\non the same act.\"\nRespondent's interpretation of § 190.223(d) is incorrect. Section 190.223(d) imposes limitations\nwhere OPS has issued an order under § 190.217, § 190.219 or § 190.233 and the operator subject\nto that order fails to comply with the terms of the order. Where there has been no violation of an\norder issued under § 190.217, § 190.219 or § 190.233, § 190.223(d) cannot apply. Therefore,\nRespondent's argument is inapplicable because the alleged violation and resulting finding of\nviolation are not based on violation of an order issued by OPS.\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the 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 total civil penalty of $10,000 for violation of 49 C.F.R. § 192.707(d)(2).\nTelephone listings on markers are crucial for individuals preparing to dig around the area of\nRespondent's pipeline. In addition, failure to indicate a working telephone number that can reach\nespondenis personne could prove disastrous in the event an emergency Waite it does nov\ninterview conducted by the OPS inspector. Respondent has the ability to pay the penalty and would\nbe able to continue in business.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess Respondent\na total civil penalty of $10,000.\n\n\n\n3\nPa)rment 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 \"U.S.\nDepartment ofTransportation\" to t}re Federal AviationAdministration, MikeMonroneyAeronautical\nCenter, Financial Operations Division (AMZ-120), P.O. Box 25082, Oklahoma City, OK 73125-\nFederal regulations (49 C.F.R. $ 89.21(b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U. S. Treasury.\nDetailed instructions are contained in the enclosure. Questions conceming wire transfers should be\ndirected to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.\nFailure to pay the $ I 0,000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U.S.C. 5 3717,31 C.F.R. $ 901.9 and 49 C.F.R. $ 89.23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payrnent is not\nmadewithinll0daysofservice. Furthermore,failuretopaythecivilpenaltymayresultinreferral\nof the matter to the Attomey General for appropriate action in a United States Dishict Court.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to the violation of $ 192.707(d)(2). Under\n49 U.S.C. $ 601 I 8(a), each person who engages in the transportation of natural gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunderchapter60l. Pursuanttotheauthorityof49U.S.C.$60118(b)and49C.F.R.$190'217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations. Respondent must perform an audit to ensure\nRespondent is in compliance with $ 192.707(dX2). The audit shall consist of:\n1) A review of all applicable procedures and amendment of those procedures, where\nnecessary;\n2) A survey of Respondent's pipeline markers throughout its pipeline system to evaluate\nthe compliance of markers along the pipeline right-of-way and to identify areas where\nadditional markers may be needed; and\n3) A plan for replacement or installation of line markers as identified by the review and\nsurvey, including a timeline of all actions to be taken. The plan shall be submitted for\napproval by the Director, Southwest Region, OPS within 30 days following receipt of\nthis Final Order.\nThe Director, Southr,vest Region, OPS has indicated that Respondent has taken several actions to\naddress the cited violation. On Febru ary 7 ,2003,Respondent submitted a plan regarding the contact\nphone numbers on its line markers. In correspondence dated February 26,2003,Respondent stated\nthat it had updated the contact phone numbers on its line m arkers system-wide, rvith the exception\nof for-rr miles of pipeline in the S an Juan area.\n\n\n\n4\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral ofthe case forjudicial enforcement.\nUnder 49 C.F.R. $ 190.215, 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\nstaysthepaymentofanycivilpenaltyassessed. Allothertemsoftheorder,includinganyrequired\ncoffective action, remain in full effect unless the Associate Administrator, upon request, grants a\nstay. The terms and conditions of this Final Order are effective on receiDt.\n1t lJola;\nDate Issued\nlStacey\nAssoci\nfor Safety","truncated":false,"body_characters":10170}