# TRANSWESTERN PIPELINE COMPANY LLC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 192.707(d)(2).
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- **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.

Official case documents:

420021003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420021003/420021003.pdf

420021003_Final Order_12302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420021003/420021003_Final%20Order_12302003.pdf

CPF No 4-2002-1003 Close Out.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420021003/CPF%20No%204-2002-1003%20Close%20Out.pdf

420021003_Final Order_12302003.pdf

o
U.S. Deportrnent
of Tronsportotion
Reseorch ond
Spcciol Progroms
Adminislrolion
400 Sevenlh Sl . S W
washrnglon. D C 20590
DEC 3 0 ZL)ilt
Mr. David L. Johnson
Vice President, Pipeline Safety
Enron Transportation Services Company
P.O. Box 1188
Houston, TX 77251-1188
Re: CPFNo.4-2002-1003
Dear Mr. Johnson:
Enclosed is the Fina-l Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a hnding ofviolation, assesses a civil penalty of$10,000, and
specifies actions to be taken to comply with the pipeline safety regulations. The penalty payment
terms are set forth in the Final Order. When the civil penalty is paid and the terms of the compliance
order completed, as determined by the Director, Southwest Region, this enforcement action will be
closed. Yourreceipt of the Final Order constitutes service of that document under 49 C.F.R. $ 190.5.
Sincerely,
\tl
Aar- /l/L',----
\-/
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safetv
Enclosure
CERTIFIED MAIL - RETURN RECEIPT REOUESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECL{L PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAT'ETY
WASHINGTON. DC 20590
In the Matter of
Enron Transportation
Services Company,
Respondent.
CPF No. 4-2002-1003
FINAL ORDER
On MayT - 10,2002, pursuantto 49 U.S.C. $ 60117, arepresentative ofthe Office ofPipeline Safety
(OPS), conducted an on-site pipeline safety inspection of Respondent's facilities and records in
Albuquerque, New Mexico. As a result of the inspection, the Director, Southwest Region, OPS,
issued to Respondent, by letter dated Decemb er 9,2002, a Notice of Probable Violation, Proposed
Civil Penalty, and Proposed Compliance Order (Itrotice). In accordance with 49 C.F.R. E 190.207,
the Notice proposed hnding that Respondent had violated 49 C.F.R. $ 192.707(dX2) and proposed
assessing a civil penalty of $10,000 for the alleged violation. The Notice also proposed that
Respondent take certain measures to correct the alleged violation.
RespondentrespondedtotheNoticebyletterdatedJanuaryT,2003@esponse). Respondentdidnot
contest the allegation, but contested the assessment ofthe civil penalty on procedural grounds and
requested a hearing. The hearing was held on May 6,2003 in Houston, TX. After the hearing
Respondent provided a summary of the information it had presented at the hearing by letter dated
June 4, 2003.
F]NDINGS OF VIOLATION
In its Response and at the hearing, Respondent did not contest the alleged violation in the Notice.
Accordingly, I find that Respondent violated the following sections of 49 C.F.R. Part 192, as more
fully described in the Notice:
49 C.F.R. $ 192.707(dX2) -- failing to have a telephone number where Respondent can be
reached at all times written on each line marker for mains and transmission lines. Field tests
by the OPS inspector demonstrated that telephone numbers listed on some line markers did
not match those in Respondent's written procedures and did not connect to Respondent's
offices when called.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken asainst Respondent.



2
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.
In its Response and at the hearing, Respondent argued that OPS is precluded from assessing a civil
penalty because the civil penalty and the compliance order (discussed below) are based on the same
act. Respondent based its argument on 49 C.F.R. § 190.223(d), which requires that: "No persor
shall be subject to a civil penalty under this section for the violation of any requirement of this
subchapter and an order issued under § 190.217, § 190.219 or § 190.233 if both violations are based
on the same act."
Respondent's interpretation of § 190.223(d) is incorrect. Section 190.223(d) imposes limitations
where OPS has issued an order under § 190.217, § 190.219 or § 190.233 and the operator subject
to that order fails to comply with the terms of the order. Where there has been no violation of an
order issued under § 190.217, § 190.219 or § 190.233, § 190.223(d) cannot apply. Therefore,
Respondent's argument is inapplicable because the alleged violation and resulting finding of
violation are not based on violation of an order issued by OPS.
49 U.S.C. § 60122 and 49 C.F.R. § 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.
The Notice proposed a total civil penalty of $10,000 for violation of 49 C.F.R. § 192.707(d)(2).
Telephone listings on markers are crucial for individuals preparing to dig around the area of
Respondent's pipeline. In addition, failure to indicate a working telephone number that can reach
espondenis personne could prove disastrous in the event an emergency Waite it does nov
interview conducted by the OPS inspector. Respondent has the ability to pay the penalty and would
be able to continue in business.
Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent
a total civil penalty of $10,000.



3
Pa)rment 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 ofTransportation" to t}re Federal AviationAdministration, MikeMonroneyAeronautical
Center, Financial Operations Division (AMZ-120), P.O. Box 25082, Oklahoma City, OK 73125-
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 conceming wire transfers should be
directed to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike
Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.
Failure to pay the $ I 0,000 civil penalty will result in accrual of interest at the current annual rate in
accordance with 31 U.S.C. 5 3717,31 C.F.R. $ 901.9 and 49 C.F.R. $ 89.23. Pursuant to those same
authorities, a late penalty charge of six percent (6%) per annum will be charged if payrnent is not
madewithinll0daysofservice. Furthermore,failuretopaythecivilpenaltymayresultinreferral
of the matter to the Attomey General for appropriate action in a United States Dishict Court.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to the violation of $ 192.707(d)(2). Under
49 U.S.C. $ 601 I 8(a), each person who engages in the transportation of natural gas or who owns or
operates a pipeline facility is required to comply with the applicable safety standards established
underchapter60l. Pursuanttotheauthorityof49U.S.C.$60118(b)and49C.F.R.$190'217,
Respondent is ordered to take the following actions to ensure compliance with the pipeline safety
regulations applicable to its operations. Respondent must perform an audit to ensure
Respondent is in compliance with $ 192.707(dX2). The audit shall consist of:
1) A review of all applicable procedures and amendment of those procedures, where
necessary;
2) A survey of Respondent's pipeline markers throughout its pipeline system to evaluate
the compliance of markers along the pipeline right-of-way and to identify areas where
additional markers may be needed; and
3) A plan for replacement or installation of line markers as identified by the review and
survey, including a timeline of all actions to be taken. The plan shall be submitted for
approval by the Director, Southwest Region, OPS within 30 days following receipt of
this Final Order.
The Director, Southr,vest Region, OPS has indicated that Respondent has taken several actions to
address the cited violation. On Febru ary 7 ,2003,Respondent submitted a plan regarding the contact
phone numbers on its line markers. In correspondence dated February 26,2003,Respondent stated
that it had updated the contact phone numbers on its line m arkers system-wide, rvith the exception
of for-rr miles of pipeline in the S an Juan area.



4
Failure to comply with this Final Order may result in the assessment of civil penalties of up to
$100,000 per violation per day, or in the referral ofthe case forjudicial enforcement.
Under 49 C.F.R. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of this
Final Order. 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 the petition automatically
staysthepaymentofanycivilpenaltyassessed. Allothertemsoftheorder,includinganyrequired
coffective action, remain in full effect unless the Associate Administrator, upon request, grants a
stay. The terms and conditions of this Final Order are effective on receiDt.
1t lJola;
Date Issued
lStacey
Associ
for Safety
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