Federal Manager's Daily Report

The Department of Transportation’s Office of Pipeline Safety

which regulates the flow of hazardous liquids such as natural

gas, cannot determine if recent changes to its strategy are

successful because the agency has not set goals, fully

defined its strategy or established performance measures

linked to goals that would allow an assessment of results,

the Government Accountability Office has said.


It said a natural gas pipeline ruptured near Carlsbad, New

Mexico, in 2000, killed 12 people, and resulted in $1 million

in damages and losses.


OPS believes efforts such as its new risk-based regulatory

approach will change the safety culture of the industry and

that it intends to devote more attention to strengthening

the management of its enforcement program, said GAO.


It said that although OPS is developing an enforcement policy

to help define its enforcement strategy and has started

identifying performance measures, the policy will not be

ready until sometime during 2005.


Further, OPS lacks a systematic approach for incorporating

key practices identified for achieving successful

performance measurement systems, said GAO.


OPS has increased the number and the size of penalties against

pipeline operators over the last four years after deciding to

be “tough but fair,” assessing an average of 22 per year

compared to 14 in previous years and hiking the fine from

$18,000 to $29,000 on average — but it is unclear if the

increases will deter noncompliance, according to GAO-04-801.


It said some stakeholders believe the increases have a deterrent

effect by keeping pipeline operators in the public eye while

others said the penalties were too small as sanctions. Still,

fewer than half of the 216 penalties levied from 1994 to 2003

have been collected, which GAO says is partly because OPS

lacks effective management controls and because it does not

routinely inform its collection agent of penalties it has

assessed.