{"operation":"document","citation":"CPF 420055041","title":"WSP USA INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-10-13","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055041","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420055041","body":"Notice of Probable Violation involving WSP USA INC.. PHMSA's enforcement data identifies the cited regulation as 195.452(b). The case was opened on 2005-10-13 and is reported as closed as of 2008-02-19. Proposed civil penalty: $5,000. Assessed civil penalty: $0. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420055041_FinalOderClosure_02192008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420055041/420055041_FinalOderClosure_02192008.pdf\n\n420055041_finaloderclosure_02192008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420055041/420055041_finaloderclosure_02192008_text.pdf\n\n420055041_finaloderclosure_02192008_text.pdf\n\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\ni 200 New Jersey Ave 5 E\nWashington DC 20590\nFEB Z 92008\nMr. Raghu S. Raghuraman\nVice President\nPB Energy Storage Services, Inc.\n11757 Katy Freeway, Suite 600\nHouston, TX 77079\nRe: CPF No. 4-2005-5041\nDear Mr. Raghuraman:\nEnclosed is the Final Order issued in the above-referenced case, The Final Order withdraws the\nviolation alleged in the Notice of Probable Violation and Proposed Civil Penalty. Accordingly,\nthis case is now closed. Your receipt of the Final Order constitutes service under 49 C. F. R.\n5 190. 5.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPEI INE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nPB Energy Storage Services, Inc.\n,\nRespondent\nCPF No. 4-2005-5041\nFINAL ORDER\nOn May 10 through 13, 2005, pursuant to 49 U. S. C. ) 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration, Office of Pipeline Safety (OPS), conducted an on-\nsite pipeline safety inspection of Respondent's integrity management program (IMP) in Houston,\nTexas. As a result of the inspection, the Director, Southwest Region, OPS, issued to\nRespondent, by letter dated October 13, 2005, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C. F. R. $ 190. 207, the Notice proposed finding that\nRespondent had violated 49 C, F, R. $ 195. 452(b) and proposed assessing a civil penalty of\n$5, 000 for the alleged violation,\nRespondent responded to the Notice by letter dated November 7, 2005 (Response). Respondent\ncontested the allegation of violation, offered information in explanation, and requested that the\nproposed civil penalty be eliminated. Respondent did not request a hearing, and therefore has\nwaived its right to one.\nWITHDRAWAL OF ALLEGATION\nItem 1 in the Notice alleged that Respondent violated 49 C. F. R. ) 195. 452(b), which states:\ng 195. 452 — Pipeline integrity management in high consequence areas.\n(a) 8'hich pipelines are covered by this section? This section applies to each\nhazardous liquid pipeline and carbon dioxide pipeline that could affect a high\nconsequence area. . . . Covered pipelines are categorized as follows;. . .\n(2) Category 2 includes pipelines existing on May 29, 2001, that were\nowned or operated by an operator who owned or operated less than 500 miles\nof pipeline subject to this part. . . ,\n(b) 8%at program and practices must operators use to manage pipeline\nintegrity? Each operator of a pipeline covered by this section must:\n\n\n\n(1) Develop a written integrity management program that addresses the\nrisks on each segment of pipeline in the first column of the following table not\nlater than the date in the second column. . .\nPi eline\nDate\nCate o 2\nFebru 18, 2003\n(2) Include in the program an identification of each pipeline or pipeline\nsegment in the first column of the following table not later than the date in the\nsecond column. . .\nPi eline\nCate or 2\nDate\nNovember 18, 2002\nThe Notice alleged that Respondent violated 49 C. F. R. $ 195. 452(b) by failing to meet the\ndeadlines in the integrity management rule for identification of covered segments and\ndevelopment of an IMP. Specifically, the Notice alleged that Respondent acquired Category 2\npipeline facilities in April 2004, but did not identify covered segments or implement an IMP for\nthose facilities until November 15, 2004.\nIn its Response, Respondent acknowledged that it acquired the facilities in April 2004 and\ncompleted development of its IMP in November 2004. Respondent explained, however, that\nbetween April and November 2004 Respondent followed the IMP procedures of the prior\noperator. Respondent noted that its own IMP referenced the existence of the prior operator's\nIMP procedures and that documentation of the prior operator's program was available at the time\nof the inspection. Respondent submitted documentation of the prior operator's program as well\nas portions of its own IMP where the prior operator's program had been referenced.\nAAer reviewing the documentation submitted, I find that Respondent operated the pipeline\nfacilities in question under the previous operator's IMP from April 2004 through November\n2004, Based upon the foregoing, I am withdrawing the allegation of violation.\nThe terms and conditions of this Final Order shall be effective upon receipt.\nFEB 1 9 2008\nDate Issued\nJeffrey D. iese\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5332}