OVERTHRUST CORP — Notice of Probable Violation

case documentOfficial PDFcpf_52003_1010.pdf#

520031010_final order_03042004_text.pdf, page 1Official PDFU5 Department of Transportattort Research and Special Programs Administration 400 Seventh St S W Washington D C 20590 Mr. Ron Jibson Operations General Manager Questar Pipeline Company P. O. Box 45360 Salt Lake City, UT 84145-0360 RE: CPF No. 5-2003-1010 Dear Mr. Jibson: Enclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the above-referenced case. It makes finding of violation and assesses a civil penalty of $5, 000. Tins enforcement action closes automatically upon payment. Your receipt of this Final Order constitutes service of that document under 49 C. F. R. )190. 5. Sincerely, James Reynolds Pipeline Comphance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT RE UESTED#

520031010_final order_03042004_text.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of Questar Pipehne Company, Respondent. CPF NO. 5-2003-1010 FINAL ORDER Between June 16 and 20, 2003, pursuant to 49 U. S. C. ) 60117, a representative of the Office of Pipeline Safety conducted an on-site pipeline safety inspection of Respondent's facilities and records in Salt Lake City, Utah and Evanston, Wyoming. As a result of the inspection, the Director, Western Region, OPS, issued to Respondent, by letter dated October 31, 2003, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. $ 190. 207, the Notice proposed finding that Respondent had violated 49 C. F. R. Part 192 and proposed assessing a civil penalty of $5, 000 for the alleged violation. Respondent failed to respond within 30 days after it had received the Notice. Respondent's failure to respond constitutes a waiver of Respondent's right to contest the allegations in the Notice and authorizes the entry of this Final Order. FINDINGS Respondent did not contest alleged violation in the Notice. Accordingly, I find that Respondent violated the following section of 49 C. F. R. Part 192, as more fully described in the Notice: 49 C. F. R. $ 192. 465 - failure to inspect a cathodic protection rectifier within the 2 /z month interval and to ensure it was operational during six subsequent inspections This finding of violation will be considered a prior offense in any subsequent enforcement action taken agamst Respondent. ASSESSMENT OF PENALTY Under 49 U. S. C. $ 60122, Respondent is subject to a 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.#

520031010_final order_03042004_text.pdf, page 349 U. S. C. ( 60122 and 49 C. F. R. $ 190. 225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree of Respondent's culpability, history of Respondent's prior offenses, Respondent's abihty to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's abihty to continue in business, and such other matters as justice may require. The Notice proposed a total civil penalty of $5, 000 for the violation. Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent a total civil penalty of $5, 000. Payment of the civil penalty must be made within 20 days of service. Payment may be made by sending a certified check or money order (containing the CPF Number for this case) payable to "U. S. Department of Transportation" to the Federal Aviation Administration, Mike Monroney Aeronautical Center, Financial Operations Division (AMZ-120), P. O. Box 25082, Oklahoma City, OK 73125. Federal regulations (49 C. F. R. $ 89. 21(b)(3)) also permit this payment to be made by wire transfer, through the Federal Reserve Commumcations 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-120), Federal Aviation Administration, Mike Monroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719. Failure to pay the $5, 000 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 United States District Court. Under 49 C. F. R. $ 190. 215, Respondent has a right to petition for reconsideration of this Final Order. However, if the civil penalty is paid, the case closes automatically and Respondent waives the right to petition for reconsideration. The filing of the petition automatically stays the payment of any civil penalty assessed. 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 and conditions of this Final Order are effective on receipt. WAR -4 20@. Date Issued ey Gerard s ociate Administrator for Pipehne Safety#