# OKTEX PIPELINE COMPANY, LLC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

420101003_FinalOrder_11032010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_FinalOrder_11032010.pdf

420101003_FinalOrder_11032010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_FinalOrder_11032010_text.pdf

420101003_NOPV PCP_06162010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_NOPV%20PCP_06162010.pdf

420101003_NOPV PCP_06162010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_NOPV%20PCP_06162010_text.pdf

420101003_Response to NOPV PCP_07142010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420101003/420101003_Response%20to%20NOPV%20PCP_07142010.pdf

420101003_FinalOrder_11032010_text.pdf

NOV 03 2010
Mr. Michael E. Nelson
Senior Vice President
Natural Gas Pipeline Operations
ONEOK Partners, L.P.
OkTex Pipeline Company, L.L.C.
100 West Fifth St
Tulsa, OK 74103-4298
Re: CPF No. 4-2010-1003
Dear Mr. Nelson:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $16,200. The penalty payment terms are set forth in the
Final Order. This enforcement action closes automatically upon receipt of payment. Service of
the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise
provided 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
cc: Mr. R.M. Seeley, Director, Southwest Region, PHMSA
CERTIFIED MAIL – RETURN RECEIPT REQUESTED[7005 1160 0001 0041 0763]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
_____________________________
)
In the Matter of )
)
OkTex Pipeline Company, L.L.C., ) CPF No. 4-2010-1003
)
Respondent. )
)
_____________________________ )
FINAL ORDER
On April 26–30, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the pipelines of OkTex Pipeline Company
(OkTex or Respondent) in Oklahoma and Texas. Respondent operates nine natural gas pipeline
segments, totaling approximately 105 miles of pipe, in Oklahoma, New Mexico, and Texas. The
company is a subsidiary of ONEOK Partners, L.P., which owns or operates approximately 7,000
miles of natural gas transmission and gathering pipeline in the Central United States.
As a result of the inspection, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated June 16, 2010, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
OkTex had committed a violation of 49 C.F.R. Part 192 and proposed a civil penalty of $16,200.
The Notice also proposed finding that Respondent had committed a separate probable violation
of Part 192 and warned Respondent to take appropriate corrective action.
OkTex responded to the Notice by letter dated July 14, 2010 (Response). The company did not
contest the allegation of violation but provided information concerning the corrective actions it
had taken. Respondent did not request a hearing and therefore has waived its right to one.
FINDING OF VIOLATION
In its Response, OkTex 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. § 192.745, which states:
§ 192.745 Valve maintenance: Transmission lines.
(a) Each transmission line valve that might be required during any



2
emergency must be inspected and partially operated at intervals not
exceeding 15 months, but at least once each calendar year.
The Notice alleged that Respondent violated 49 C.F.R. § 192.745 by failing to inspect each of its
transmission line valves that might be required during an emergency at least once each calendar
year. Specifically, it alleged that OkTex failed to inspect 12 valves on the “OkTex 9” and
“OkTex 10” pipelines during the 2006 calendar year, even though the inspections had been
performed at intervals not exceeding 15 months.
In its Response, Respondent explained that the subject pipelines underwent a change of operator
during 2006, and acknowledged that the required valve testing was not conducted within the
appropriate time frames. OkTex further explained that valve inspections since 2006 have been
conducted within the appropriate time frames.
Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49
C.F.R. § 192.745 by failing to inspect each of its transmission line valves that might be required
during an emergency at least once each calendar year.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative 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.
In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I
must consider the following criteria: the nature, circumstances, and gravity of the violation,
including adverse impact on the environment; the degree of Respondent’s culpability; the history
of Respondent’s prior offenses; the Respondent’s ability to pay the penalty and any effect that
the penalty may have on its ability to continue doing business; and the good faith of Respondent
in attempting to comply with the pipeline safety regulations. In addition, I may consider the
economic benefit gained from the violation without any reduction because of subsequent
damages, and such other matters as justice may require.
Item 1: The Notice proposed a civil penalty of $16,200 for Respondent’s violation of 49 C.F.R.
§ 192.745, for failing to inspect each of its transmission line valves that might be required during
an emergency at least once each calendar year. OkTex neither contested the allegation nor
requested a reduction in the proposed penalty.
Failing to inspect transmission line valves that might be required during an emergency at the
required intervals increases the risk that a valve may not function to contain or mitigate a
pipeline emergency. I note, however, that Respondent performed the valve inspections at the
prescribed 15-month intervals, and therefore I find the nature, circumstances, and gravity of the
violation correspond with the proposed civil penalty amount. Accordingly, having reviewed the
record and considered the assessment criteria, I assess Respondent a civil penalty of $16,200 for



3
violation of 49 C.F.R. § 192.745.
Payment of the civil penalty must be made within 20 days of receipt of this Final Order. Federal
regulations (49 C.F.R. § 89.21(b)(3)) require this payment be made by wire transfer, through the
Federal Reserve Communications System (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 (AMZ-341), Federal Aviation Administration,
Mike Monroney Aeronautical Center, P.O. Box 269039, Oklahoma City, OK 73125; (405) 954-
8893.
Failure to pay the $16,200 civil penalty will result in accrual of interest at the current annual rate
in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 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 district
court of the United States.
WARNING ITEM
With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. Part 192 but did not
propose a civil penalty or compliance order for this item. Therefore, this is considered to be a
warning item. The warning was for:
49 C.F.R. § 192.705 (Item 2) ─ Respondent’s alleged failure to patrol its “OkTex
4” pipeline within the required 15 month interval during the 2006–2007 calendar
years.
OkTex presented information in its Response showing that it had taken certain actions to address
the cited item. Accordingly, having considered such information, I find, pursuant to 49 C.F.R.
§ 190.205, that a probable violation of 49 C.F.R. § 192.705 (Notice Item 2) has occurred. In the
event that OPS finds a violation of this provision 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 sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA
will accept petitions received no later than 20 days after receipt of this Final Order by the
Respondent, provided they contain a brief statement of the issue(s) and meet all other
requirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a
stay, the terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________



Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
4
- **truncated:** false
- **body characters:** 10075