{"operation":"document","citation":"CPF 520020001","title":"SOUTHWEST GAS CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.5(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520020001","body":"Notice of Probable Violation involving SOUTHWEST GAS CORP. PHMSA's enforcement data identifies the cited regulation as 191.5(a). The case was opened on 2002-02-08 and is reported as closed as of 2004-11-29. 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\nFinal Order_11-29-04.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020001/Final%20Order_11-29-04.pdf\n\nNotice Letter Tab A.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020001/Notice%20Letter%20Tab%20A.pdf\n\nFinal Order_11-29-04.pdf\n\n400 Seventh St . S W\nwashrnglon. D.c 20590\ni'i0V 2 3 l:,:;,-\nMr. James P. Kane\nPresident\nSouthwest Gas Corporation\n5421 Spring Mountain Road\nLas Vegas, NV 89102\nRe: CPFNo.5-2002-000i\nDear Mr. Kane:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It withdraws the alleeation of violation. This enforcement action is now\nclosed.\no\n?}\nU.S. Deporlment\nof Tron sporlolion\nReieorchond\nSpeciol Progroms\nAdmanistrdllon\nSincerely,\n't\nli\n--*.'\"^ L IL-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Craig R. Roecks\nSenior Counsel\nSouthwest Gas Comoration\nCERTIFIED MAIL - RETLTRN RECEIPT REOTIESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nSouthwest Gas Corporation,\nRespondent.\nCPF No. 5-2002-0001\nFINAL ORDER\nOn December 26,2AA1, pursuant to 49 U.S.C. $ 60117, a representative of the Office ofPipeline\nSafety (OPS) initiated an investigation of Respondent's report of a release incident involving its\npipeline system. As a result of the investigation, the Director, Westem Region, OPS, issued to\nRespondent, by letter dated February 8,20W, a Notice of Probable Violation and Proposed Civil\nPenalty Q{otice). In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. $ 191.5 and proposed assessing a civil penalty of $5,000 for the\nalleged violation.\nRespondent responded to the Notice by letter dated March 7,2002 (Response). Respondent\ncontested the allegation, offered information in explanation ofthe allegation, and requested that the\nproposed penalty be withdrawn.\nWITHDRAWAL OF ALLEGATION\nThe Notice alleged that Respondent violated 49 C.F.R. $ 191.5 by failing to provide telephonic\nnotice at the earliest practicable moment following discovery of a December 20,20OI gas release\nincidentinvolvingapersonalinjurytooneofRespondent'semployees. Initsresponse,Respondent\ncorrectly noted that the relevant criteria for reporting an incident involving a personal injury is an\ninjury necessitating \"in-patient\" hospitalization. Respondent explained that while the employee did\nreceive medical treatment on an in-patient basis about one week after the incident, on the day the\nincident occuffed, he was initially treated and released by the attending physician. Respondent\npointed out that under circumstanees where an injured person is treated and released, it has no way\nto predict whether later medical treatments might involve in-patient hospitalization. Respondent also\n\n\n\nL\nnoted that after becoming aware that the employee was receiving in-patient treatment several days\nlater, it proceeded to telephonically report the incident. Based on this information demonstrating\ncompliance with the regulation, I am withdrawing this allegation of violation.\nNOV 2 g iiii.i\nDate Issued\nAssociate Administrator\nfor Pipeline Safety\n\nNotice Letter Tab A.pdf\n\no\nU.S,0epartment\nol Tlansportstion\nResearch and\nSpeciil Prograns\nAdninistration\nWestem Region\nPipelinr Salery\n12600 W. Colfax Ave\nSuite A.250\nLakewood, C0 80215.3736\nNOTICE OF PROBABLE VIOLATION\nAND\nPROPOSED CIVIL PENALTY\nCERTIFIED MAIL -RETURN RECEIPT RXOUESTED\n, )\nFebruary 8,2002\nJ -?-t z\nMr. James Mathews\nRegulatory Affairs\nSouthwest Gas Corporation\n5241 Spring Mountain Road\nLasVegas,Nevada 89102\nCPF No.5-2002-0001\nDear Mr. Mathews:\nOn December 26,2002, a representative of the'Western Region, Office of Pipeline Safety, pursuant\nto Chapter 601 of 49 United States Code, was notified of an incident involving a pipeline operated by\nSouthwest Gas Corporation. The incident occurred in Las Vegas, Clark County, Califomia, at 9:49\na.m. PST (12:49 p.m- EST) on December 20,2001. The information available to this office indicates\nthat this incident was due to natural gas releasing out of a half inch PVC service line while trying to\nexcavate the line to find an unknown leak. It was reported that one employee sustained a knee injury\nwhile trying to escape from the ignited gas.\nAs a result of our review of this inciden! it appears that you have committed a probable violation, as\nnoted below, of pipeline safety regulations Title 49, Code of Federal Regulations, Part l9l. The item\ninvestigated and probable violation is:\n$191.5 Telephonic notice of certain incidents\n(a) At the earliest practicable momentfollowing discovery, each operator shall give\nnotice in accordance with paragraph (b) ofthis section of each incident as deJined\nin part 191.3.\nSouthwest Gas Corporation failed to provide telephonic notice of the above mentioned\nincident \"at the earliest practicable moment following discovery\" in accordance with Part\n191.5.\n\n\n\nL\nTelephonic notice of the iacident, which met criteria of Part 191.5 forreporting, was not\nmade until 10:58 a.m. PST (1:58 p.m. EST) on December 26,2001. This is approximately\n145 hours after the incident occurred. An Alert Notice issued by the Department of\nTransportation, dated April 5, 1991, required that telephonic reports be made within one to\ntwo hours after discovery. This notice was sent to each owner and/or operator of a gas\npipeline facility.\nUnder 49 United States Code, $60122, you are subject to a civil penalty not to exceed $25,000 for\neach violation for each day the violation persists up to a maximum of $500,000 for any related series\nof violations. The Compliance Officer has reviewed the circumstances and supporting documentation\ninvolved in the above probable violation, and it is recommended that you be preliminarily assessed a\ncivil penalty of $5,000.\nAttached is a description ofthe response options available to you. Please note that ifyou elect to\nmake a response, you must do so within 30 days of your receipt of this Notice or waive your rights\nunder 49 CFR 190.209. A response which does not contest the allegations in the Notice authorizes\nthe Associate Adminishator, Office of Pipeline Safety to find the facts to be as alleged.\nSincerely,\n84***--- /-/r--z\nChris Hoidal, PE\nDirector\nEnclosures\ncc: Compliance Registry\nDPS 28","truncated":false,"body_characters":6738}