SOUTHWEST GAS CORP — Notice of Probable Violation

Final Order_11-29-04.pdf, page 1Official PDF400 Seventh St . S W washrnglon. D.c 20590 i'i0V 2 3 l:,:;,- Mr. James P. Kane President Southwest Gas Corporation 5421 Spring Mountain Road Las Vegas, NV 89102 Re: CPFNo.5-2002-000i Dear Mr. Kane: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It withdraws the alleeation of violation. This enforcement action is now closed. o ?} U.S. Deporlment of Tron sporlolion Reieorchond Speciol Progroms Admanistrdllon Sincerely, 't li --*.'"^ L IL- James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure cc: Craig R. Roecks Senior Counsel Southwest Gas Comoration CERTIFIED MAIL - RETLTRN RECEIPT REOTIESTED#

Final Order_11-29-04.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Southwest Gas Corporation, Respondent. CPF No. 5-2002-0001 FINAL ORDER On December 26,2AA1, pursuant to 49 U.S.C. $ 60117, a representative of the Office ofPipeline Safety (OPS) initiated an investigation of Respondent's report of a release incident involving its pipeline system. As a result of the investigation, the Director, Westem Region, OPS, issued to Respondent, by letter dated February 8,20W, a Notice of Probable Violation and Proposed Civil Penalty Q{otice). In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. $ 191.5 and proposed assessing a civil penalty of $5,000 for the alleged violation. Respondent responded to the Notice by letter dated March 7,2002 (Response). Respondent contested the allegation, offered information in explanation ofthe allegation, and requested that the proposed penalty be withdrawn. WITHDRAWAL OF ALLEGATION The Notice alleged that Respondent violated 49 C.F.R. $ 191.5 by failing to provide telephonic notice at the earliest practicable moment following discovery of a December 20,20OI gas release incidentinvolvingapersonalinjurytooneofRespondent'semployees. Initsresponse,Respondent correctly noted that the relevant criteria for reporting an incident involving a personal injury is an injury necessitating "in-patient" hospitalization. Respondent explained that while the employee did receive medical treatment on an in-patient basis about one week after the incident, on the day the incident occuffed, he was initially treated and released by the attending physician. Respondent pointed out that under circumstanees where an injured person is treated and released, it has no way to predict whether later medical treatments might involve in-patient hospitalization. Respondent also#

Final Order_11-29-04.pdf, page 3L noted that after becoming aware that the employee was receiving in-patient treatment several days later, it proceeded to telephonically report the incident. Based on this information demonstrating compliance with the regulation, I am withdrawing this allegation of violation. NOV 2 g iiii.i Date Issued Associate Administrator for Pipeline Safety#

Notice Letter Tab A.pdf, page 1Official PDFo U.S,0epartment ol Tlansportstion Research and Speciil Prograns Adninistration Westem Region Pipelinr Salery 12600 W. Colfax Ave Suite A.250 Lakewood, C0 80215.3736 NOTICE OF PROBABLE VIOLATION AND PROPOSED CIVIL PENALTY CERTIFIED MAIL -RETURN RECEIPT RXOUESTED , ) February 8,2002 J -?-t z Mr. James Mathews Regulatory Affairs Southwest Gas Corporation 5241 Spring Mountain Road LasVegas,Nevada 89102 CPF No.5-2002-0001 Dear Mr. Mathews: On December 26,2002, a representative of the'Western Region, Office of Pipeline Safety, pursuant to Chapter 601 of 49 United States Code, was notified of an incident involving a pipeline operated by Southwest Gas Corporation. The incident occurred in Las Vegas, Clark County, Califomia, at 9:49 a.m. PST (12:49 p.m- EST) on December 20,2001. The information available to this office indicates that this incident was due to natural gas releasing out of a half inch PVC service line while trying to excavate the line to find an unknown leak. It was reported that one employee sustained a knee injury while trying to escape from the ignited gas. As a result of our review of this inciden! it appears that you have committed a probable violation, as noted below, of pipeline safety regulations Title 49, Code of Federal Regulations, Part l9l. The item investigated and probable violation is: $191.5 Telephonic notice of certain incidents (a) At the earliest practicable momentfollowing discovery, each operator shall give notice in accordance with paragraph (b) ofthis section of each incident as deJined in part 191.3. Southwest Gas Corporation failed to provide telephonic notice of the above mentioned incident "at the earliest practicable moment following discovery" in accordance with Part 191.5.#

Notice Letter Tab A.pdf, page 2L Telephonic notice of the iacident, which met criteria of Part 191.5 forreporting, was not made until 10:58 a.m. PST (1:58 p.m. EST) on December 26,2001. This is approximately 145 hours after the incident occurred. An Alert Notice issued by the Department of Transportation, dated April 5, 1991, required that telephonic reports be made within one to two hours after discovery. This notice was sent to each owner and/or operator of a gas pipeline facility. Under 49 United States Code, $60122, you are subject to a civil penalty not to exceed $25,000 for each violation for each day the violation persists up to a maximum of $500,000 for any related series of violations. The Compliance Officer has reviewed the circumstances and supporting documentation involved in the above probable violation, and it is recommended that you be preliminarily assessed a civil penalty of $5,000. Attached is a description ofthe response options available to you. Please note that ifyou elect to make a response, you must do so within 30 days of your receipt of this Notice or waive your rights under 49 CFR 190.209. A response which does not contest the allegations in the Notice authorizes the Associate Adminishator, Office of Pipeline Safety to find the facts to be as alleged. Sincerely, 84***--- /-/r--z Chris Hoidal, PE Director Enclosures cc: Compliance Registry DPS 28#