{"operation":"document","citation":"CPF 420101003","title":"OKTEX PIPELINE COMPANY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-06-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.705(a), 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420101003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420101003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420101003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420101003","body":"Notice of Probable Violation involving OKTEX PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192.705(a),  192.745(a). The case was opened on 2010-06-16 and is reported as closed as of 2010-11-12. Proposed civil penalty: $16,200. Assessed civil penalty: $16,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420101003_FinalOrder_11032010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_FinalOrder_11032010.pdf\n\n420101003_FinalOrder_11032010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_FinalOrder_11032010_text.pdf\n\n420101003_NOPV PCP_06162010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_NOPV%20PCP_06162010.pdf\n\n420101003_NOPV PCP_06162010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_NOPV%20PCP_06162010_text.pdf\n\n420101003_Response to NOPV PCP_07142010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_Response%20to%20NOPV%20PCP_07142010.pdf\n\n420101003_FinalOrder_11032010_text.pdf\n\nNOV 03 2010\nMr. Michael E. Nelson\nSenior Vice President\nNatural Gas Pipeline Operations\nONEOK Partners, L.P.\nOkTex Pipeline Company, L.L.C.\n100 West Fifth St\nTulsa, OK 74103-4298\nRe: CPF No. 4-2010-1003\nDear Mr. Nelson:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $16,200. The penalty payment terms are set forth in the\nFinal Order. This enforcement action closes automatically upon receipt of payment. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R.M. Seeley, Director, Southwest Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED[7005 1160 0001 0041 0763]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_____________________________\n)\nIn the Matter of )\n)\nOkTex Pipeline Company, L.L.C., ) CPF No. 4-2010-1003\n)\nRespondent. )\n)\n_____________________________ )\nFINAL ORDER\nOn April 26–30, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the pipelines of OkTex Pipeline Company\n(OkTex or Respondent) in Oklahoma and Texas. Respondent operates nine natural gas pipeline\nsegments, totaling approximately 105 miles of pipe, in Oklahoma, New Mexico, and Texas. The\ncompany is a subsidiary of ONEOK Partners, L.P., which owns or operates approximately 7,000\nmiles of natural gas transmission and gathering pipeline in the Central United States.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated June 16, 2010, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nOkTex had committed a violation of 49 C.F.R. Part 192 and proposed a civil penalty of $16,200.\nThe Notice also proposed finding that Respondent had committed a separate probable violation\nof Part 192 and warned Respondent to take appropriate corrective action.\nOkTex responded to the Notice by letter dated July 14, 2010 (Response). The company did not\ncontest the allegation of violation but provided information concerning the corrective actions it\nhad taken. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, OkTex did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.745, which states:\n§ 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any\n\n\n\n2\nemergency must be inspected and partially operated at intervals not\nexceeding 15 months, but at least once each calendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.745 by failing to inspect each of its\ntransmission line valves that might be required during an emergency at least once each calendar\nyear. Specifically, it alleged that OkTex failed to inspect 12 valves on the “OkTex 9” and\n“OkTex 10” pipelines during the 2006 calendar year, even though the inspections had been\nperformed at intervals not exceeding 15 months.\nIn its Response, Respondent explained that the subject pipelines underwent a change of operator\nduring 2006, and acknowledged that the required valve testing was not conducted within the\nappropriate time frames. OkTex further explained that valve inspections since 2006 have been\nconducted within the appropriate time frames.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49\nC.F.R. § 192.745 by failing to inspect each of its transmission line valves that might be required\nduring an emergency at least once each calendar year.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations.\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; the Respondent’s ability to pay the penalty and any effect that\nthe penalty may have on its ability to continue doing business; and the good faith of Respondent\nin attempting to comply with the pipeline safety regulations. In addition, I may consider the\neconomic benefit gained from the violation without any reduction because of subsequent\ndamages, and such other matters as justice may require.\nItem 1: The Notice proposed a civil penalty of $16,200 for Respondent’s violation of 49 C.F.R.\n§ 192.745, for failing to inspect each of its transmission line valves that might be required during\nan emergency at least once each calendar year. OkTex neither contested the allegation nor\nrequested a reduction in the proposed penalty.\nFailing to inspect transmission line valves that might be required during an emergency at the\nrequired intervals increases the risk that a valve may not function to contain or mitigate a\npipeline emergency. I note, however, that Respondent performed the valve inspections at the\nprescribed 15-month intervals, and therefore I find the nature, circumstances, and gravity of the\nviolation correspond with the proposed civil penalty amount. Accordingly, having reviewed the\nrecord and considered the assessment criteria, I assess Respondent a civil penalty of $16,200 for\n\n\n\n3\nviolation of 49 C.F.R. § 192.745.\nPayment of the civil penalty must be made within 20 days of receipt of this Final Order. Federal\nregulations (49 C.F.R. § 89.21(b)(3)) require this payment be made by wire transfer, through the\nFederal Reserve Communications System (Fedwire), to the account of the U.S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire transfers should\nbe directed to: Financial Operations Division (AMZ-341), Federal Aviation Administration,\nMike Monroney Aeronautical Center, P.O. Box 269039, Oklahoma City, OK 73125; (405) 954-\n8893.\nFailure to pay the $16,200 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nWARNING ITEM\nWith respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. Part 192 but did not\npropose a civil penalty or compliance order for this item. Therefore, this is considered to be a\nwarning item. The warning was for:\n49 C.F.R. § 192.705 (Item 2) ─ Respondent’s alleged failure to patrol its “OkTex\n4” pipeline within the required 15 month interval during the 2006–2007 calendar\nyears.\nOkTex presented information in its Response showing that it had taken certain actions to address\nthe cited item. Accordingly, having considered such information, I find, pursuant to 49 C.F.R.\n§ 190.205, that a probable violation of 49 C.F.R. § 192.705 (Notice Item 2) has occurred. In the\nevent that OPS finds a violation of this provision in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of this Final Order by the\nRespondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\n\n\n\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n4","truncated":false,"body_characters":10075}