{"operation":"document","citation":"CPF 420041004","title":"WESTERN GAS INTERSTATE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-02-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420041004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420041004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420041004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420041004","body":"Notice of Probable Violation involving WESTERN GAS INTERSTATE CO. PHMSA's enforcement data identifies the cited regulation as 192.465(d). The case was opened on 2004-02-05 and is reported as closed as of 2004-11-18. Proposed civil penalty: $10,000. Assessed civil penalty: $10,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420041004_Final Order_08242004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420041004/420041004_Final%20Order_08242004.pdf\n\n420041004_Final Order_08242004.pdf\n\no\nU.S.Deportment of Tronsportolion\nReseorchond\nSpeciol Progroms Adminisfrolion\n400 Seventh St . S W\nWashinglon. O.C 20590\n,quG 2 4 ?*$ri\nMr. Richard D. Hatchett\nVice President\nWestern Gas lnterstate Company\n211 North Colorado\nMidland, Texas 79701\nRe: CPF No. 4-2004-1004\nDear Mr. Hatchett:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $ 10,000. The\npenalty payment terms are set forth in the Final Order. This enforcement action closes\nautomatically upon payment. Your receipt of the Final Order constitutes service of that document\nunder49 C.F.R. $ 190.5.\nSincerely,\n$\"-. n\"1-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL- RETIIRN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAT'ETY\nWASHINGTON. DC 20590\nIn the Matter of\nWestern Gas Interstate Company,\nRespondent\nCPF No. 4-2004-1004\nFINAL ORDER\nOn May 20-23,2003, pursuant to 49 U.S.C. $ 60117, arepresentative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's onshore pipeline\nsystem consisting of the Guymon Division area in Texas and Oklahoma. As a result of the\ninspection, the Director, Southwest Region, OPS, issued to Respondent, by letter dated March 5,\n2004, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with\n49 C.F.R. 5 L90.207, the Notice proposed finding that Respondent had violated 49 C.F.R.\n5 192.465(d) and proposed assessing a civil penalty of $10,000 for the alleged violation.\nRespondent responded to the Notice by letter dated March 29,2004 (Response). Respondent did\nnot contest the allegation of violation, but offered an explanation and requested that the proposed\ncivil penalty be withdrawn. Respondent did not request a hearing, and therefore has waived its right\nIO One.\nFINDING OF VIOLATION\nln its Response, Respondent did not contest the violation alleged in the Notice. Accordingly, I find\nthat Respondent violated the following section of 49 C.F.R .Part 192, as more fully described in the\nNotice:\n49 C.F.R. 5 1g2.465(d) - failing to take prompt remedial action to correct deficiencies in\nits cathodic protection system. Respondent's annual survey data indicated several test\nstations failing to meet the -850 mV criterion for two consecutive years.\nThis finding of violaticn will be considered a prior offense in any subsequent enfbrcement acticn\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 5 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. The Notice proposed a civil penalty of $10,000 for violation of g 192.465(d).\nRespondent requested the proposed civil penalty be withdrawn based on its good faith efforts to\ncomply with $ 195.465.\n49 U.S.C. 5 60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree\nofRespondent's culpability, historyofRespondent'sprioroffenses, Respondent's abilityto paythe\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 ma-)/ require.\nRespondent explained that the inadequate levels identified had resulted from severe drought\nconditions that caused anode ground beds to dry. Respondent stated that it attempted to remedy\nthese conditions by watering the ground beds on a regular basis and by installing additional anodes\nat two locations. The actions brought several readings to an acceptable level, but did not sustain\nadequate levels at all deficient locations.\nFailing to promptly remedy inadequate cathodic protection levels increases the risk of damage to\npipelines by corrosion and may lead to ahazardous release of natural gas. For this reason, it is\nimperative that operators promptly remedy deficiencies identified during mandatory cathodic\nprotection monitoring. Where the corrosion protection system is affected by environmental\nconditions, the operator must properly consider those conditions when devising remedial efforts for\ndiscovered inadequacies.\nI do not find that a reduction in the civil penalty is warranted, as Respondent's actions were\ninadequate to correct to the deficiencies despite Respondent's awareness of the deficiencies for\nmore than one year. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $10,000.\nPayment of the civil penalty must be made within 20 days of service. Pairment may be made by\nsending a certi{ied check or money order (containing the CPF Number for this case) payable to\n\"U.S. Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (ANIZ-120), P.O. 8ox25082, Oklahoma City,\noK 73r2s.\nFederal regulations (49 C.F.R. $ 89,2 1 (b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Communications S.vstem (Fedwire), to the account of the U.S.\nTreasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers\nshould be directed to: Financial Operations Division (ANIZ-120), Federal Aviation Administration,\nMike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954-\n8893.\n\n\n\n3\nFailure to pay the $ 10,000 civil penalty will result in accrual of interest at the current annual rate\ninaccordancewith3l U.S.C. 53717,31 C.F.R. $ 901.9 and49 C.F.R. g 89.23. Pursuanttothose\nsame authorities, alate penalty charge of six percent (6%) per annum will be charged if payment\nis not made within i 10 days of service. Furthermore, failure to pay the civil penalty may result in\nreferral of the matter to the Attorney General for appropriate action in a United States District\nCourt.\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 a petition automatically stays\nthe payment of any civil penalty assessed. However, if Respondent submits payrnent of the civil\npenalty, the Final Order becomes the final administrative action and the right to petition for\nreconsideration is waived. The terms and conditions of this Final Order are effective on receipt.\nAIJG 2 4 Z,*ft{\nDate Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7351}