Summary of Enforcement Actions

Order Type Definitions

Corrective Action Orders: A Corrective Action Order is used in Corrective Action Order cases, and can be issued before or after the operator has had a chance to respond to the alleged pipeline integrity risks in the case, either in writing or with an administrative hearing. The order can be issued before the operator has a chance to respond if PHMSA determines that the order is needed to prevent likely serious harm to life, property or the environment. If the order does not need to be issued immediately, the operator will receive a Notice of Proposed Corrective Action Order and have an opportunity to respond before the order is issued. Cases following this path cause the difference in Corrective Action Order cases and Corrective Action Orders per year. The Corrective Action Order requires the operator to address any identified issues that cause their pipeline to be a hazardous facility.

Final Orders: A Final Order is often used in Notices of Probable Violation (NOPV) cases as the final adjudication, after the operator has had a chance to respond to the allegations in the case, either in writing or with an administrative hearing. The Final Order contains the findings of PHMSA on all items alleged in the case.

Consent Orders: A Consent Order is occasionally used as the final adjudication in a variety of case types, as a result of negotiations between PHMSA and the operator to enforce a Consent Agreement signed by both parties.

Orders Directing Amendment: An Order Directing Amendment is used in Notices of Amendment cases as the final adjudication, after the operator has had a chance to respond to the allegations in the case, either in writing or with an administrative hearing. The Order Directing Amendment contains findings for each item in the Notice of Amendment case, either dismissing the item or requiring the operator to make the changes to their plans and procedures.

Safety Orders: A Safety Order is used in Safety Order cases, after the operator has had a chance to respond to the alleged pipeline integrity risks in the case, either in writing or with an administrative hearing. The Safety Order requires the operator to address any identified issues that cause the pipeline integrity risk. The 2006 Pipeline Inspection, Protection, Enforcement, and Safety Act gave PHMSA the authority to include a new enforcement tool - the Safety Order, and a final rule was published on January 16, 2009. Training in the use of this new tool was completed in June 2010.

Decisions on Petition for Reconsideration: After an order is issued in any case, an operator may choose to appeal the decision reached in that order with a Petition for Reconsideration. In response to this petition, PHMSA will re-evaluate the evidence and issue a Decision on Petition for Reconsideration, which will either accept or deny the petition for each individual item in the case.

Other Orders: An Other Order is a final disposition provided by a federal court authority for an appealed PHMSA Pipeline Enforcement case. Other Orders provide resolution for cases where an appeal was made by a respondent outside of PHMSA's administrative enforcement processes.