SUBCOMMITTEE ON ENERGY AND AIR QUALITY July 20, 2004 Mr. Chairman, I thank you for holding this important hearing today. Our
Nation's pipeline system covers some two million miles serving tens of millions
of Americans by delivering needed energy to heat our homes, fuel our
automobiles, and power our factories. While it is a necessary and beneficial
system, it carries with it inherent dangers that can wreak havoc if overlooked
or neglected. I know that OPS has increased both the number and amount of fines issued over the past four years and that the agency has been using some of the tools given to it in the legislation we passed in 2002. While this is a welcome improvement over OPS's near abandonment of the use of fines in the 1990s, there is still work to be done. The goal of an enforcement strategy must not be an arbitrary amount of fines, but rather the deterrence and prevention of accidents that can cause catastrophic damage to human life, property, and the environment. I urge OPS to take the GAO's comments with due seriousness. Also, are these fines being collected? On February 20, 2004, I wrote to Administrator Bonasso regarding OPS's response to the tragic accidents that occurred in Bellingham, Washington, and Carlsbad, New Mexico. One of my concerns was that the Research and Special Programs Administration (RSPA), in previous testimony to this subcommittee, had cited a rather large number of $9 million in proposed penalties, seemingly as proof of its effectiveness. I specifically asked for a detailed list of the fines that comprised that amount; the March 17, 2004, response did not include such a list. Based on RSPA testimony, the $9 million figure would have included a $2.5 million fine in the Carlsbad, New Mexico, case. But at this point that fine remains uncollected. What about the others? Finally, while I commend the GAO for their usual hard work, I am concerned with one area they seem to have overlooked. Section 8 of the 2002 pipeline safety act specifically requires GAO to study "changes in the amounts of fines recommended, assessed by the Secretary, and actually collected." While the GAO report does include the number of times that a recommended fine was reduced, it does not tell us why. Statistics without explanation are merely numbers. This is no small matter, given that GAO reports that fines were reduced 31 percent during the period when their study was conducted. We need to know why these fines were reduced and what impact these reductions had on the effectiveness of OPS's enforcement efforts. Again Mr. Chairman, I thank you for holding this hearing and look forward to this Committee's continued oversight over this important issue.
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