# WESTERN GAS INTERSTATE CO — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 192.465(d).
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- **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.

Official case documents:

420041004_Final Order_08242004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420041004/420041004_Final%20Order_08242004.pdf

420041004_Final Order_08242004.pdf

o
U.S.Deportment of Tronsportolion
Reseorchond
Speciol Progroms Adminisfrolion
400 Seventh St . S W
Washinglon. O.C 20590
,quG 2 4 ?*$ri
Mr. Richard D. Hatchett
Vice President
Western Gas lnterstate Company
211 North Colorado
Midland, Texas 79701
Re: CPF No. 4-2004-1004
Dear Mr. Hatchett:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding of violation and assesses a civil penalty of $ 10,000. The
penalty payment terms are set forth in the Final Order. This enforcement action closes
automatically upon payment. Your receipt of the Final Order constitutes service of that document
under49 C.F.R. $ 190.5.
Sincerely,
$"-. n"1-
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL- RETIIRN RECEIPT REOUESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAT'ETY
WASHINGTON. DC 20590
In the Matter of
Western Gas Interstate Company,
Respondent
CPF No. 4-2004-1004
FINAL ORDER
On May 20-23,2003, pursuant to 49 U.S.C. $ 60117, arepresentative of the Office of Pipeline
Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's onshore pipeline
system consisting of the Guymon Division area in Texas and Oklahoma. As a result of the
inspection, the Director, Southwest Region, OPS, issued to Respondent, by letter dated March 5,
2004, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with
49 C.F.R. 5 L90.207, the Notice proposed finding that Respondent had violated 49 C.F.R.
5 192.465(d) and proposed assessing a civil penalty of $10,000 for the alleged violation.
Respondent responded to the Notice by letter dated March 29,2004 (Response). Respondent did
not contest the allegation of violation, but offered an explanation and requested that the proposed
civil penalty be withdrawn. Respondent did not request a hearing, and therefore has waived its right
IO One.
FINDING OF VIOLATION
ln its Response, Respondent did not contest the violation alleged in the Notice. Accordingly, I find
that Respondent violated the following section of 49 C.F.R .Part 192, as more fully described in the
Notice:
49 C.F.R. 5 1g2.465(d) - failing to take prompt remedial action to correct deficiencies in
its cathodic protection system. Respondent's annual survey data indicated several test
stations failing to meet the -850 mV criterion for two consecutive years.
This finding of violaticn will be considered a prior offense in any subsequent enfbrcement acticn
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U.S.C. 5 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. The Notice proposed a civil penalty of $10,000 for violation of g 192.465(d).
Respondent requested the proposed civil penalty be withdrawn based on its good faith efforts to
comply with $ 195.465.
49 U.S.C. 5 60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree
ofRespondent's culpability, historyofRespondent'sprioroffenses, Respondent's abilityto paythe
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 ma-)/ require.
Respondent explained that the inadequate levels identified had resulted from severe drought
conditions that caused anode ground beds to dry. Respondent stated that it attempted to remedy
these conditions by watering the ground beds on a regular basis and by installing additional anodes
at two locations. The actions brought several readings to an acceptable level, but did not sustain
adequate levels at all deficient locations.
Failing to promptly remedy inadequate cathodic protection levels increases the risk of damage to
pipelines by corrosion and may lead to ahazardous release of natural gas. For this reason, it is
imperative that operators promptly remedy deficiencies identified during mandatory cathodic
protection monitoring. Where the corrosion protection system is affected by environmental
conditions, the operator must properly consider those conditions when devising remedial efforts for
discovered inadequacies.
I do not find that a reduction in the civil penalty is warranted, as Respondent's actions were
inadequate to correct to the deficiencies despite Respondent's awareness of the deficiencies for
more than one year. Accordingly, having reviewed the record and considered the assessment
criteria, I assess Respondent a civil penalty of $10,000.
Payment of the civil penalty must be made within 20 days of service. Pairment may be made by
sending a certi{ied check or money order (containing the CPF Number for this case) payable to
"U.S. Department of Transportation" to the Federal Aviation Administration, Mike Monroney
Aeronautical Center, Financial Operations Division (ANIZ-120), P.O. 8ox25082, Oklahoma City,
oK 73r2s.
Federal regulations (49 C.F.R. $ 89,2 1 (b)(3)) also permit this payment to be made by wire transfer,
through the Federal Reserve Communications S.vstem (Fedwire), to the account of the U.S.
Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers
should be directed to: Financial Operations Division (ANIZ-120), Federal Aviation Administration,
Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954-
8893.



3
Failure to pay the $ 10,000 civil penalty will result in accrual of interest at the current annual rate
inaccordancewith3l U.S.C. 53717,31 C.F.R. $ 901.9 and49 C.F.R. g 89.23. Pursuanttothose
same authorities, alate penalty charge of six percent (6%) per annum will be charged if payment
is not made within i 10 days of service. Furthermore, failure to pay the civil penalty may result in
referral of the matter to the Attorney General for appropriate action in a United States District
Court.
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 a petition automatically stays
the payment of any civil penalty assessed. However, if Respondent submits payrnent of the civil
penalty, the Final Order becomes the final administrative action and the right to petition for
reconsideration is waived. The terms and conditions of this Final Order are effective on receipt.
AIJG 2 4 Z,*ft{
Date Issued
Associate Administrator
for Pipeline Safety
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