Mr. Daniel B. Martin
Senior Vice President
ANR Pipeline Company
Nine
Re: CPF No. 3-2004-1004
Dear Mr. Martin:
Enclosed is the Final Order issued by the Associate Administrator for
Pipeline Safety in the above-referenced case.
It makes a finding of violation and assesses a civil penalty. I acknowledge receipt of your wire transfer of
$5,000 dated
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc: Ivan Huntoon, Region Director
Central Region, OPS
CERTIFIED
MAIL – RETURN RECEIPT REQUESTED
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
______________________________
)
In the Matter of )
)
ANR Pipeline Company, ) CPF
No. 3-2004-1004
)
Respondent )
______________________________)
FINAL ORDER
On March 16, 2004, in accordance with 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). 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
responded to the Notice by letter dated
Pursuant to 49 C.F.R. § 190.209(a)(1) and 49 U.S.C. § 60122, 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(a) – failing to
conduct cathodic protection testing on the Wilshire/Rockford lateral in
This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $5,000, already paid by Respondent.
The Notice did not propose a civil penalty or corrective action for
Item 2 in the Notice, failure to maintain records documenting leak
surveys and patrols of Respondent’s natural gas storage fields in Michigan in accordance with 49 C.F.R. § 192.709(c). Therefore, this is considered a warning
item. Respondent is warned that if it
does not take appropriate action to correct this item, enforcement action will
be taken if a subsequent inspection reveals a violation.
The terms and conditions of this Final Order are effective on receipt.
___________________________________ ____________________
Stacey Gerard Date Issued
Associate Administrator
for Pipeline Safety