# ZIA NATURAL GAS CO — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 420061006
- **title:** ZIA NATURAL GAS CO — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2006-02-21
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.805(a), 192.805(b).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-420061006.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420061006.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420061006
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420061006
**body:**

Notice of Probable Violation involving ZIA NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulations as 192.805(a),  192.805(b). The case was opened on 2006-02-21 and is reported as closed as of 2008-10-09. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

420061006_FinalOrder_02282008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420061006/420061006_FinalOrder_02282008.pdf

420061006_finalorder_02282008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420061006/420061006_finalorder_02282008_text.pdf

420061006_finalorder_02282008_text.pdf

O
U S Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
FEB 2 8 7008
1200 New Jersey Ave S E
Washington DC 20590
Mr Jay Suko
Vice President of Operations, Natural Gas Processing
Zia Natural Gas Company
101 Division Street
P. O. Box 541
Worland, WY 82401-2401
Re: CPF No. 4-2006-1006
Dear Mr. Suko:
Enclosed is the Final Order issued in the above-referenced case. It makes a finding of violation
and specifies actions to be taken to comply with the pipeline safety regulations. When the
terms of the compliance order are completed, as determined by the Director, Southwest
Region, this enforcement action will be closed, Your receipt of this Final Order constitutes
service of that document under 49 C. F. R. ) 190, 5.
Thank you for your cooperation in this matter
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
VIA CERTIFIED MAIL — RETURN RECEIPT RE UESTED



U. S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In the Matter of
Zia Natural Gas Company,
Respondent
CPF No. 4-2006-1006
FINAL ORDER
On September 28 and 29, 2004, pursuant to 49 U. S. C, $ 60117, representatives of the Pipeline
and Hazardous Materials Safety Administration's Office of Pipeline Safety (OPS) and the New
Mexico State Corporation Commission (Commission) conducted an on-site pipeline safety
inspection of Zia Natural Gas Company's (Respondent) operator qualification (OQ) procedures
and records in Worland, Wyoming. As a result of the inspection, the Director, Southwest
Region, OPS, issued to Respondent, by letter dated February 21, 2006, a Notice of Probable
Violation and Proposed Compliance Order (Notice), In accordance with 49 C. F. R. ) 190. 207,
the Notice alleged that Respondent committed a violation of 49 C. F. R. Part 192 and proposed
ordering Respondent to take certain measures to correct the alleged violation. The Notice also
contained a warning item in accordance with 49 C. F. R. $ 190. 205.
Respondent responded to the Notice by letter dated March 21, 2006 (Response). Respondent did
not contest the allegation of violation and provided information concerning the corrective actions
it had taken. By letter dated April 10, 2006, Respondent provided additional information
concerning its corrective actions. Respondent did not request a hearing and therefore has waived
its right to one.
FINDING OF VIOLATION
In its Response, Respondent did not contest the allegation in the Notice that it violated 49 C. F. R.
Part 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C. F. R. ) 192. 805(a), which states:
g 192. 805 — Qualification program.
Each operator shall have and follow a written qualification program. The
program shall include provisions to:
(a) Identify covered tasks. . . .



The Notice alleged that Respondent failed to have a written qualification program that included
provisions to identify covered tasks. Specifically, the Notice alleged that at the time of the OPS
and Commission inspection, Respondent's OQ program lacked identification of various covered
tasks being performed on Respondent's pipeline system, including excavation, valve inspection,
external corrosion, and small tubing/pipe assembly. In its Response, Respondent did not contest
this allegation. Accordingly, I find that Respondent violated 49 C. F. R. $ 192. 805(a) by failing to
identify all covered tasks in its OQ program.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49
C. F. R. $ 192. 805(a). Under 49 U. S. C. $ 60118(a), each person who engages in the
transportation of gas by pipeline or who owns or operates a gas pipeline facility is required to
comply with the applicable safety standards established under chapter 601, Pursuant to the
authority of 49 U. S. C. $ 60118(b) and 49 C. 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:
1. Amend its OQ program by assigning to each covered task the following, as applicable:
abnormal operating conditions; evaluation methods; and span-of-control ratios of
qualified to non-qualified individuals.
2. Submit documentation showing the OQ program has been amended as specified in Item 1
of this compliance order within 60 days of receipt of this Final Order. Documentation
shall be submitted to the Director, Southwest Region, Office of Pipeline Safety, 8701
South Gessner, Suite 1110, Houston, TX 77074.
The Director, Southwest Region, OPS, may grant an extension of time to comply with any of the
required items upon a written request timely submitted by the Respondent demonstrating good
cause for an extension.
Failure to comply with this Order may result in administrative assessment of civil penalties up to
$100, 000 per day for each violation and in referral to the Attorney General for appropriate relief
in a district court of the United States.
The Director, Southwest Region, OPS, has indicated that Respondent has taken the following
actions to satisfy the proposed compliance order:
Respondent has reviewed and amended the covered task list associated with its pipeline
facilities and has assigned to each covered task evaluation intervals.



Since these actions satisfied portions of the proposed compliance order, those terms are not
included in this Final Order.
WARNING ITEM
With respect to Item 2, the Notice alleged a probable violation of Part 192 but did not propose a
civil penalty or compliance order for the item. Therefore, this is considered to be a warning
item. The warning was for a probable violation of 49 C. F. R. 192, 805(b), which states:
g 192. 805 — Qualification program.
Each operator shall have and follow a written qualification program. The
program shall include provisions to. . .
(b) Ensure through evaluation that individuals performing covered tasks
are qualified. . . .
g 192. 803 — Definitions.
Evaluation means a process, established and documented by the operator, to
determine an individual's ability to perform a covered task by any of the
following. . .
(c) Work performance history review. . . ,
Qualified means that an individual has been evaluated and can:
(a) Perform assigned covered tasks; and
(b) Recognize and react to abnormal operating conditions.
g 192. 809 — General.
(a)
(d) After October 28, 2002, work performance history may not be used as a
sole evaluation method. . . .
The Notice alleged that Respondent violated $ 192. 805(b) by failing to ensure through evaluation
that individuals performing covered tasks were qualified. Specifically, the Notice alleged that
Respondent qualified certain individuals using work performance history reviews as a sole
evaluation method, but could not demonstrate to OPS and Commission inspectors that those
evaluations took place prior to October 28, 2002, per )) 192, 805(b) and 192. 809(d). In addition,
the Notice alleged that Respondent could not demonstrate that it had determined through
evaluation the same individuals were able to recognize and react to abnormal operating
conditions, per $) 192. 805(b) and 192. 803.
In its Response, Respondent did not contest this allegation and provided information
demonstrating that it had taken certain actions to address this item. In accordance with 49 C, F. R,
$ 190. 205, I find that a probable violation of 49 C. F. R. ) 192, 805(b) occurred, but that
Respondent has addressed the item. Respondent is warned that if OPS finds a violation of this
item in a subsequent inspection, Respondent may be subject to future enforcement action.



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 terms of the order, including
any required corrective action, remain in full effect unless the Associate Administrator, upon
request, grants a stay.
The terms and conditions of this Final Order shall be effective upon receipt.
FEB 8 8 F008
Date Issued
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
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