{"operation":"document","citation":"CPF 520061011","title":"GAS TRANSMISSION NORTHWEST LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-06-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.225(b), 192.605(b)(8), 192.605(c)(4), 192.739(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520061011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520061011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520061011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520061011","body":"Notice of Probable Violation involving GAS TRANSMISSION NORTHWEST LLC. PHMSA's enforcement data identifies the cited regulations as 192.225(b),  192.605(b)(8),  192.605(c)(4),  192.739(c). The case was opened on 2006-06-15 and is reported as closed as of 2009-11-24. Proposed civil penalty: $2,000. Assessed civil penalty: $2,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520061011_FinalOrder_11092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520061011/520061011_FinalOrder_11092009.pdf\n\n520061011_FinalOrder_11092009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520061011/520061011_FinalOrder_11092009_text.pdf\n\n520061011_FinalOrder_11092009_text.pdf\n\nNOV 9 2009\nMr. Ross T. Parker\nRegional Director\nGas Transmission Northwest Corporation\n1400 SW 5th Avenue\nSuite 900\nPortland, OR 97201\nRe: CPF No. 5-2006-1011\nDear Mr. Parker:\nEnclosed is the Final Order in the above-referenced case. It makes findings of violation and\nassesses a civil penalty of $2,000. The penalty payment terms are set forth in the Final Order.\nThis enforcement action closes automatically upon payment. Your receipt of the Final Order\nconstitutes service of that document 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. Chris Hoidal, Western Region Director, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2464 5768]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n__________________________________________\nIn the Matter of )\nGas Transmission Northwest Corporation, ) CPF No. 5-2006-1011\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nOn August 29 and September 2, 2005, pursuant to 49 U.S.C. § 60117, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of\nPipeline Safety (OPS), inspected the 234-mile natural gas pipeline and related facilities of\nthe Gas Transmission Northwest Corporation (Respondent or GTN) in the State of Idaho.\nGTN is a subsidiary of TransCanada Corp., a company that owns and operates a 36,500-\nmile network of natural gas pipelines in Canada, the United States, and Mexico.1\nAs a result of that inspection, the Director, Western Region, OPS (Director), issued to\nGTN, by letter dated June 15, 2006, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding\nthat GTN violated Part 192 of the Pipeline Safety Regulations in several respects,\nassessing the company a civil penalty of $2,000 for two of those violations, and issuing\nRespondent a warning for the remaining violations.\nGTN did not respond to the Notice or request a hearing. It has, therefore, waived its right\nto contest the allegations of violation.\nFINDINGS OF VIOLATION\nRespondent did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItems 3a and 3b: The Notice alleged that GTN violated 49 C.F.R. § 192.709(c), which\nstates:\n1 http://www.transcanada.com/company/index.html (accessed Nov. 4, 2009).\n\n\n\n2\n§ 192.709 Transmission lines: Record keeping.\nEach operator shall maintain the following records for\ntransmission lines for the periods specified:\n(a) . . .\n(c) A record of each patrol, survey, inspection, and test\nrequired by subparts L and M of this part must be retained for at\nleast 5 years or until the next patrol, survey, inspection, or test is\ncompleted, whichever is longer.\nThe Notice alleged that GTN violated § 192.709(c) by failing to retain a record of its\ninspection and testing of the pressure relief device on the fuel gas line in the Athol, Idaho\ncompressor station for the 2004 calendar year. Specifically, the Notice indicated that\nGTN has an obligation under 49 C.F.R. §§ 192.731(a),2 192.739,3 and 192.743,4\nto\nperform those inspections and tests at 15-month intervals, but at least once each calendar\nyear. The Notice further stated that GTN also has an obligation under § 192.709(c) to\nretain a record of those inspections and tests for at least 5 years, or until the next round of\ninspections and testing occurs, whichever is longer. Respondent has not disputed any of\nthese allegations. Accordingly, I find that GTN violated 49 C.F.R. § 192.709(c) by\n2 Section 192.731(a) states, in relevant part, that “[e]xcept for rupture discs, each pressure relieving device\nin a compressor station must be inspected and tested in accordance with §§ 192.739 and 192.743 . . .”\n3 Section 192.739 states, in relevant part:\n§ 192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and pressure regulating\nstation and its equipment must be subjected at intervals not exceeding 15 months, but at least once\neach calendar year, to inspections and tests to determine that it is—\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the service in which it\nis employed;\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at the correction\npressure consistent with the pressure limits of § 192.201(a); and\n(4) Properly installed and protected from dirt, liquids, or other conditions that might prevent\nproper operation.\n4 Section 192.743 states, in relevant part:\n§ 192.743 Pressure limiting and regulating stations: Capacity of relief devices.\n(a) Pressure relief devices at pressure limiting stations and pressure regulating stations must\nhave sufficient capacity to protect the facilities to which they are connected. Except as provided\nin § 192.739(b), the capacity must be consistent with the pressure limits of § 192.201(a). This\ncapacity must be determined at intervals not exceeding 15 months, but at least once each calendar\nyear, by testing the devices in place or by review and calculations.\n\n\n\n3\nfailing to retain a record of its inspections and tests of the pressure relief device on the\nfuel gas line in the Athol, Idaho compressor station for the 2004 calendar year.\nThese findings of violation will be considered a prior offense in any subsequent\nenforcement action taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122 and 49 C.F.R. § 190.223, Respondent is subject to a\nadministrative civil penalty not to exceed $100,000 per violation for each day of the\nviolation up to a maximum of $1,000,000 for any related series of violations.\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225 require that, in determining the amount of the\ncivil penalty, I consider the following criteria: the nature, circumstances, and gravity of\nthe violation, including adverse impact on the environment; the degree of Respondent’s\nculpability; the history of Respondent’s prior offenses; the Respondent’s ability to pay\nthe penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline\nsafety regulations. In addition, I may consider the economic benefit gained from the\nviolation without any reduction because of subsequent damages, and such other matters\nas justice may require.\nThe Notice proposed a total civil penalty of $2,000 for the violations cited above. That\namount included a $1,000 civil penalty for violating § 192.709(c) by not retaining a\nrecord of its 2004 inspection and testing of the mechanical condition and operational\nadequacy of the pressure relief valve on the fuel gas line in the Athol, Idaho compressor\nstation, and an additional $1,000 civil penalty for not retaining a record of its 2004\ninspection and testing of the capacity of the pressure relief on the fuel gas line in the\nAthol, Idaho compressor station. Respondent has not disputed the appropriateness of\neither of these amounts.\nHaving reviewed the record and considered the pertinent assessment factors, I find that\nthe proposed civil penalties are justified. With regard to the nature, circumstances, and\ngravity of GTN’s violations, the OPS Violation Report noted that a malfunction of the\npressure relief valve on the fuel gas line could disrupt or even disable the Athol, Idaho\ncompressor, thereby compromising the integrity of Respondent’s pipeline system and\nplacing the safety of the public at risk.\n5\nIn requiring annual tests and inspections of the\nmechanical condition, operational reliability, and capacity of these devices, the Pipeline\nSafety Regulations aim to reduce or eliminate that risk. Similarly, in requiring that the\nresults of those tests and inspections be retained for an appropriate length of time, the\nPipeline Safety Regulations aim to ensure that any safety-related conditions are detected\nand that the tests and inspections which accomplish that objective are conducted in a\ntimely manner. GTN’s conduct in this case frustrated each of these purposes.\n5 Pipeline Safety Violation Report (Violation Report), p. 6 (Jun. 14, 2006) (on file with PHMSA).\n\n\n\n4\nIn terms of Respondent’s prior history of offenses, the Violation Report notes that GTN\nreceived a Notice from OPS on May 29, 2003, for committing a similar violation,\nnamely, failing to conduct inspections and testing of the pressure relief devices on its fuel\ngas lines as required by 49 C.F.R. § 192.739.\nPlaster, the North Area Manager for GTN, about the company’s compliance with the\ncited regulations, and Mr. Plaster did not assert that the pressure relief valve on the fuel\ngas line in the Athol, Idaho compressor station was actually inspected during the 2004\nCY.\n6 The OPS inspector also interviewed John\nFinally, GTN has not presented any argument in favor of reducing the proposed civil\npenalties on the basis of the relevant statutory or regulatory criteria.\nFor these reasons, I find that a total civil penalty of $2,000 for GTN’s two violations of\n49 C.F.R. §§ 192.709(c) is appropriate. Accordingly, I assess Respondent a total civil\npenalty of $2,000.\nPayment of the civil penalty must be made within 20 days of service. Payment may be\nmade by sending a certified check or money order (containing the CPF Number for this\ncase) payable to “U.S. Department of Transportation” to the Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, Financial Operations Division\n(AMZ-341), P.O. Box 269039, Oklahoma City, OK 73125.\nFederal regulations (49 C.F.R. § 89.21(b)(3)) also permit this payment to be made by\nwire transfer, through the Federal Reserve Communications System (Fedwire), to the\naccount of the U.S. Treasury. Detailed instructions are contained in the enclosure.\nQuestions concerning wire transfers should be directed to: Financial Operations Division\n(AMZ-341), Federal Aviation Administration, Mike Monroney Aeronautical Center, P.O.\nBox 269039, Oklahoma City, OK 73125; (405) 954-8893.\nFailure to pay the $2,000 civil penalty will result in accrual of interest at the current\nannual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R.\n§ 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per\nannum will be charged if payment is not made within 110 days of service. Furthermore,\nfailure to pay the civil penalty may result in referral of the matter to the Attorney General\nfor appropriate action in a United States District Court.\nWARNING ITEMS\nItems 1, 2a, and 2b of the Notice alleged probable violations of 49 C.F.R. §§ 192.225,\n192.603, and 192.605, but did not propose any accompanying civil penalty or\nCompliance Order. Therefore, these are considered Warning Items.\n6 Violation Report at 6; see In the Matter of Gas Transmission Northwest Corporation, Final Order, CPF 5-\n2003-0006 (May 3, 2007) (finding that GTN violated 49 C.F.R. § 192.739).\n\n\n\n5\n49 C.F.R. § 192.225(a) and (b) (Notice Item 1) – Respondent’s alleged failure to\nconduct or have a record of conducting the destructive test needed to qualify the\nwelding procedures used during the May 2004 installation of a pig launcher at\nCompressor Station 4; and\n49 C.F.R. §§ 192.603(b), 192.605(b)(8) and (c)(4) (Notice Item 2a and 2b) –\nRespondent’s alleged failure to have an explicit record of its periodic review of\nthe work done by its personnel to determine the adequacy of the company’s\nnormal and abnormal operations and maintenance procedures.\nAccordingly, I find, pursuant to 49 C.F.R. § 190.205, that probable violations of 49\nC.F.R. § 49 C.F.R. §§ 192.225(a) and (b) and 192.603(b), 192.605(b)(8) and (c)(4) have\noccurred and Respondent is hereby advised to correct such conditions. If PHMSA finds a\nviolation for any of these items in a subsequent inspection, Respondent may be subject to\nfuture enforcement action.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for\nReconsideration of this Final Order. The petition must be received within 20 days of\nRespondent’s receipt of this Final Order and must contain a brief statement of the\nissue(s). The filing of the Petition automatically stays the payment of the civil penalty\nassessed. However, if Respondent submits payment for the civil penalty, the Final Order\nbecomes the final administrative decision and the right to Petition for Reconsideration is\nwaived. The terms and conditions of this Final Order are effective on receipt.\n___________________________________ __________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13568}