Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-7 - GAS PIPELINE SAFETY RULES › Section 770-X-7-.14 - Recommended Fines For Probable Violations

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
Procedures for the Recommendation of Fines
: Subject to
					the consent of the Executive Director and the Commissioners of the Alabama
					Public Service Commission (the "APSC"), the Director of the Gas Pipeline Safety
					Division (the "GPS Director") may recommend the imposition of fines up to
					$1,000 for GPS staff-identified probable violations of the Gas Pipeline Safety
					Rules and Regulations established at 49 CFR Parts 192 through 199. The GPS
					Director shall notify the APSC Executive Director and the APSC Commissioners,
					in writing, of any fines so recommended at least 10 days before proceeding with
					notification to the affected natural gas and/or hazardous liquid operators
					("operators"). If no objections to the recommended fines are communicated by
					the Executive Director and/or the APSC Commissioners, the GPS Director may
					proceed with notifying the affected operator of the probable violation(s) and
					recommended fine(s) in question.
(b)
Elections Procedures for Operators
: Operators who
					receive written notice of recommended fines for probable violations shall, in
					writing, exercise their option to either accept or contest the recommended
					fines and the associated probable violations on the form provided by the GPS
					Director. In the event the operator elects to accept the recommended fines, the
					operator's election in that regard shall constitute a waiver of the operator's
					right to a due process hearing in settlement of the proposed violations cited
					in the written notice. In the event the operator elects to contest the
					recommended fines and the associated probable violation, the procedures
					necessary to establish a due process hearing may be commenced by the
					Commission. The election discussed herein shall be filed with the Secretary of
					the Commission no later than 20 days after the service date reflected in the
					notice issued by the GPS Director recommending the fines.
(c)
Compliance Status of
					Operators who elect to pay Recommended fine(s)
: Operators who
					elect to pay fines recommended by the GPS Director in the manner prescribed
					herein will, upon receipt by the Commission of such fines along with the
					required form waiving the operator's right to a due process hearing, be
					considered in compliance subject to a follow-up inspection by GPS staff. The
					GPS Director will issue a written notice of compliance upon receiving
					notification from GPS staff of the operator's compliance following the further
					inspection. Any probable violation(s) that are not corrected in a manner which
					is satisfactory to GPS staff upon further investigation may or may not be
					addressed pursuant to the provisions of this rule regardless of the fine(s)
					which may have been consented to and paid. Appropriate notice will be given by
					the GPS staff so as to clearly advise operators of the procedures which are
					applicable to their situation.
Author:
Alabama Public Service Commission
Statutory Authority:
Code of Ala.
							1975
, §§
										37-4-82,
							37-4-83,
							37-4-92,
							37-4-93.