CONSENT AGREEMENT AND ORDER. Whereas, on May 13, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), issued two Notices of Probable Violation, Proposed Civil Penalties, and Proposed Compliance Orders (NOPVs) to ONEOK NGL Pipeline, L.P., ONEOK NGL Pipeline, L.L.C. (ONEOK NGL Pipeline), and ONEOK Underground Storage Company, L.L.C. (ONEOK Underground Storage) (collectively, ONEOK or Respondents).1 On July 3, 2013, OPS issued a third NOPV to ONEOK.2
CONSENT AGREEMENT AND ORDER. From July 2007 through November 2009, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of title 49 United States Code, conducted on-site inspections of the construction of approximately 1,351 miles of the Rockies Express pipeline system, a 42-inch diameter natural gas pipeline running from Colorado to Ohio (XXX Pipeline) constructed in two separate phases designated as the XXX Xxxx pipeline and the XXX East pipeline.1 As a result of these inspections, on June 15, 2012, PHMSA issued three Notices of Probable Violation (Notices) to Rockies Express Pipeline, LLC and Xxxxxx Xxxxxx Energy Partners, L.P. The first Notice, CPF 0-0000-0000, alleged 13 violations of the federal pipeline safety regulations in 49 C.F.R. Part 192 in connection with the construction of the XXX Xxxx pipeline and proposed assessing a total civil penalty of $347,800 for 11 of the alleged violations. The Notice also proposed ordering certain measures to correct four of the alleged violations to ensure the possibility of any remaining construction defects is addressed. The second Notice, CPF 0-0000-0000, alleged 14 violations of the federal pipeline safety regulations in 49 C.F.R. Part 192 in connection with the construction of the XXX East pipeline and proposed assessing a total civil penalty of $641,900 for the alleged violations. The third Notice, CPF 0-0000-0000, alleged a violation of a Special Permit Order issued by PHMSA on July 5, 2006 and proposed assessing a civil penalty of $61,800 for this alleged violation. 1 The XXX Xxxx pipeline runs from Weld County, Colorado to Audrain County, Missouri. The XXX East pipeline runs from Audrain County, Missouri to Monroe County, Ohio. The alleged violations cited in these Notices involve, inter alia, welding procedures and practices; weld inspections, testing and quality control; ditching, padding, lowering-in, and backfilling; coating application and repairs; maximum allowable operating pressure design factor in some Class 2 locations; depth of cover in certain areas; and other construction specifications and standards. On July 16, 2012, Rockies Express Pipeline, LLC (Respondent) submitted a combined response to the Notices providing information concerning the extent to which it had cooperated with PHMSA’s investigation and self-identified some of the alleged violations cited in the Notices. Respondent also provided information concerning the corrective actions it has taken, reser...
CONSENT AGREEMENT AND ORDER. At a meeting held April 21, 2021, the West Virginia Board of Examiners for Speech- Language Pathology and Audiology (“Board”) addressed the issue of licensees randomly selected for the 2019-2020 Continuing Education Audit, including the Respondent, Xxxxx X. Xxxxxx, who did not comply with the terms of the audit set forth in W. Va. Code R. § 29-1-13.7.3 and/or who failed to provide evidence of completing the hours of continuing education required by X. Xx. Code R. § 29-1-13.2. Failure to comply with the audit or to complete the required continuing education is grounds for disciplinary action. See W. Va. Code §§ 30-32-17(a), 30-32-19(g)(4); W. Va. Code R. § 29-1-13.7.4. Based on Respondent’s response to the audit, the Board has probable cause to pursue disciplinary action for continuing education deficiencies. Now, in lieu of proceeding to a hearing in this matter, the parties have reached an agreement for the resolution of this matter and hereby agree to entry of this Order based upon the following Findings of Fact and Conclusions of Law.
CONSENT AGREEMENT AND ORDER. From February 8, 2017 to October 8, 2018, pursuant to Chapter 601 of 49 United States Code, inspectors from the Virginia State Corporation Commission (VA SCC), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), inspected the City of Richmond’s (the City or Respondent) pipeline facilities in Richmond, Virginia. The City’s pipeline facilities consist of more than 1900 miles of distribution mains and eight gate stations to supply gas at necessary pressures. As a result of this inspection, the Director, Eastern Region, Office of Pipeline Safety (Director), issued to Respondent, by letter dated April 22, 2019, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice). A copy of the Notice is attached hereto as Appendix A. In accordance with 49 C.F.R. §190.207, the Notice proposed finding that Respondent had committed two violations of 49 C.F.R. Part 192 and proposed assessing a civil penalty of $80,500 for the alleged violation of 49 C.F.R. § 192.465(a) (Item 1). The City shall address Item 2, a violation of 49 C.F.R. § 192.491(a), through the proposed compliance actions included in the Notice (“Proposed Compliance Order”), and Item 2 is not addressed in the attached Work Plan. The Director grants the City’s request for additional time to complete the proposed compliance actions with respect to Item 2. The City responded to the Notice by letter dated June 20, 2019 (Response). The Response proposed to resolve Item 1 of this matter via an administrative consent agreement requiring the City to expend a minimum of $1,575,556, to develop and implement a two-phase project under the City’s Distribution Integrity Management Program (DIMP). The City proposes to add additional manpower to survey and identify all coated steel services in the City’s distribution system, determine which steel services or pot drips are missing from the City’s database, to temporarily add these newly identified missing services to the City’s ten percent program, and to monitor those services accordingly. The City will replace all services with low readings with polyethylene pipe once they are located. The City will complete the project within seven years. Having agreed that settlement of this proceeding will avoid further administrative proceedings or litigation, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of Respondent and PHMSA (collectively, the Parties), the Parti...
CONSENT AGREEMENT AND ORDER. 10 In the interest of a prompt and speedy settlement of the above captioned matter, 11 consistent with the public interest, statutory requirements and responsibilities of the Arizona 12 State Board of Examiners of Nursing Care Institution Administrators and Assisted Living 13 Facility Managers ("Board"), and pursuant to A.R.S. §§ 36-446.07(L) and 41-1092.07(F)(5), 14 Xxxxxx X. Xxxxxx ("Respondent") and the Board enter into this Consent Agreement, Findings of 15 Fact, Conclusions of Law and Order ("Consent Agreement") as a final disposition of this matter.
CONSENT AGREEMENT AND ORDER. On October 4, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Safety Order (Notice), to Sunoco Partners Marketing and Terminals, L.P. (Sunoco), a wholly owned subsidiary of Energy Transfer, L.P. (Sunoco or Respondent). The Notice alleged that conditions exist on certain pipeline facilities owned and operated by Sunoco in Nederland, Texas that pose a pipeline integrity risk to public safety, property or the environment. The Notice also made preliminary findings of fact and proposed corrective measures. On November 2, 2018, Sunoco responded to the Notice by submitting a timely written response and request for an informal consultation pursuant to 49 C.F.R. § 190.239(b)(2). An informal consultation was held on January 30, 2019, between representatives from Sunoco and PHMSA. By entering into this Consent Agreement, Sunoco agrees that no further administrative hearing will be provided for in this matter pursuant to 49 C.F.R. § 190.239(b)(2). Accordingly, upon consent and agreement of the Parties and in accordance with 49 C.F.R. § 190.219, PHMSA and Sunoco hereby agree to the terms and conditions set forth in this Consent Agreement and Order (Agreement and Order) to resolve the issues underlying the Notice.
CONSENT AGREEMENT AND ORDER. PARTIES The Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs ("Commonwealth") and Xxxx Xxxxx, M.D. (“Licensee”) stipulate as follows in settlement of the above-captioned case. APPLICABLE LAW This matter is before the State Board of Medicine ("Board") pursuant to the Medical Practice Act of 1985, act of December 20, 1985, P.L. 457, No. 112, ("Act"), as amended, 63 P.S. §§ 422.1-422.53; the Medical Care Availability and Reduction of Error ("Mcare") Act, Act of March 20, 2002, P.L. 154, No. 13, as amended, 40 P.S. §§ 1303.101-1303.910; and/or the Act of July 2, 1993, P.L. 345, No. 48 (“ACT 48”), as amended, 63 P.S. §§ 2201-2207. LICENSURE STATUS At all relevant and material times, Licensee held the following license to practice as a medical physician and surgeon in the Commonwealth of Pennsylvania: license no. MD000000, which was originally issued on March 11, 2015, and which is currently set to expire on December 31, 2020. STIPULATED FACTS Xxxxxxxx admits that the following allegations are true: Licensee's license may be continually renewed, reactivated, or reinstated upon the filing of the appropriate documentation and payment of the necessary fees. Licensee's address on file with the Board is: 0000 Xxxxxxxx Xxxx, Xxxxxxxx, XX 00000. Licensee has suffered from chemical abuse or dependency, specifically alcohol, since April 2018. Licensee has suffered the following consequences as a result of the dependency or abuse: ill health; hospitalization; employment problems, and expense and inconvenience of treatment. Licensee has been receiving treatment at ABC Treatment Center, PA since October 15, 2018. POTENTIAL VIOLATION OF ACT Based upon the factual allegations in paragraph 3 above, the Board is authorized to suspend, revoke, or otherwise restrict Licensee's license under Section 41(5) of the Act, 63 P.S. § 422.41(5) because Licensee is unable to practice the profession with reasonable skill and safety to patients by reason of illness, addiction to drugs or alcohol, or mental incompetence. Licensee's license to practice as a medical physician and surgeon in the Commonwealth of Pennsylvania, along with any other licenses, registrations, certificates, approvals, authorizations, or permits (hereinafter referred to collectively as “authorizations to practice the profession”) issued by the Board shall be suspended under the terms of this Consent Agreement and Order (Agreement), but the enforcement of that suspension ...
CONSENT AGREEMENT AND ORDER. This matter came before the Louisiana Board of Examiners in Dietetics and Nutrition (hereinafter referred to as "Board") pursuant to an application for a license to practice as a Licensed Dietitian/Nutritionist filed by Xxxxxx XxXxxxx, hereinafter referred to as Xx. XxXxxxx. The application was received by the Board on October 6, 2021. Information received in the application process reflects that Xx. XxXxxxx practiced as a Licensed Dietitian/Nutritionist without a license issued by this Board from June 15, 2021 through October 14, 2021, in violation of Louisiana Revised Statute 37:3085 and 3090 and LA R.S. 49:955(0).
CONSENT AGREEMENT AND ORDER. On December 11, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Safety Order (Notice), to Xxxxxxxx 66 Pipeline LLC (Xxxxxxxx 66 or Respondent). The Notice alleged that conditions exist on the LO-01 Pipeline in Elk City, Oklahoma that poses a pipeline integrity risk to public safety, property or the environment. The Notice also made preliminary findings of fact and proposed certain corrective measures. On February 14, 2019, Xxxxxxxx 66 responded to the Notice by submitting a timely written response and request for an informal consultation pursuant to 49 C.F.R. § 190.239(b)(2). An informal consultation was held, commencing on March 14, 2019, between representatives from Xxxxxxxx 66 and PHMSA. By entering into this Consent Agreement, Xxxxxxxx 66 agrees that no further administrative hearing will be provided for in this matter pursuant to 49 C.F.R. § 190.239(b)(2). Accordingly, upon consent and agreement of the Parties and in accordance with 49 C.F.R. § 190.219, PHMSA and Xxxxxxxx 66 hereby agree to the terms and conditions set forth in this Consent Agreement and Order (Agreement and Order) to resolve the issues underlying the Notice. For the purposes of this Agreement and Order, the term “Affected Pipeline” means the entire 272-mile length of the LO-01 Pipeline.
CONSENT AGREEMENT AND ORDER. On February 8, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Corrective Action Order (CAO) pursuant to 49 U.S.C. § 60112 and 49 C.F.R. § 190.233, to require Sabine Pass Liquefaction, LLC, a subsidiary of Cheniere Energy Partners, LP (Xxxxxx or Respondent), to take the necessary corrective actions to protect the public, property, and the environment from potential hazards associated with a release of liquefied natural gas (LNG) from Tank S-103 at the company’s Sabine Pass Liquefaction Facility (Sabine Pass Facility or Facility) that occurred on January 22, 2018. On February 16, 2018, Xxxxxx submitted to PHMSA a Request for Hearing and Statement of Issues, challenging the terms, findings and determinations of the CAO. A Presiding Official from PHMSA’s Office of Chief Counsel scheduled a hearing for March 21, 2018, in accordance with 49 C.F.R. §§ 190.211 and 190.233(c). On March 21, 2018, a hearing was held in Houston, Texas, at PHMSA’s Southwest Region Office before the Presiding Official. Following the hearing, PHMSA and Xxxxxx (collectively, Parties) entered into discussions to potentially resolve the CAO through an administrative consent agreement, thereby avoiding further administrative proceedings or litigation, pursuant to 49 C.F.R. Part 190. Accordingly, upon consent and agreement of the Parties and in accordance with 49 C.F.R. § 190.219, PHMSA and Xxxxxx hereby agree to the terms and conditions set forth in this Consent Agreement and Order (Agreement and Order) to resolve the issues underlying the CAO and to replace and supersede the CAO, as provided in Paragraph 10 below.
