Mr. Wayne Laufer
Chief Executive Officer
Bois d’Arc Energy, LLC
600 Travis,
Re: CPF No. 4-2004-5040
Dear Mr. Laufer:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty. I acknowledge receipt of and accept your wire transfer for $50,000 as payment in full of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
______________________________
)
In the Matter of )
)
Bois d’Arc Energy, LLC, ) CPF No. 4-2004-5040
)
Respondent )
______________________________)
FINAL ORDER
On December 13, 2004, in accordance with 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had violated 49 C.F.R. § 195.452(b)(1) and (2) and proposed assessing a civil penalty of $50,000 for the alleged violations. Respondent responded to the Notice by submitting a wire transfer in the amount of the proposed civil penalty ($50,000), waiving further right to respond and authorizing the entry of this Final Order.
Pursuant to 49 C.F.R. § 190.213 and 49 U.S.C. § 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice:
49 C.F.R. § 195.452(b)(1) – failing to develop a written integrity management program that addresses the risk on each segment of Category 2 pipeline by February 18, 2003; and
49 C.F.R. § 195.452(b)(2) – failing to include in the program an identification of each Category 2 pipeline or pipeline segment by November 18, 2002.
These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a total civil penalty of $50,000, already paid by Respondent. The terms and conditions of this Final Order are effective on receipt.
___________________________________ ____________________
Stacey Gerard Date Issued
Associate Administrator
for Pipeline Safety