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 Pipeline Safety in the above-referenced case. It makes finding of violation and assesses a civil penalty of $5,000. This enforcement action closes automatically upon payment. Your receipt of this Final Order constitutes service of that document under 49 C.F.R. §190.5.
Pipeline Compliance Registry
Office of Pipeline Safety
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
)In the Matter of
Questar Pipeline Company, ) CPF NO. 5-2003-1010
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.
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 ½ 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 against 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.
49 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 ability to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent’s ability 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 Communications 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.
Stacey Gerard Date Issued
for Pipeline Safety