Sam Brownback: “I would like to clarify an additional provision of the legislation. It is my understanding that Section 60117(b)(3) is…”

“I would like to clarify an additional provision of the legislation. It is my understanding that Section 60117(b)(3) is aimed at penalizing pipeline companies that either refuse to turn over records, reports, or information concerning an incident that is identified in a written request from the Secretary or refuse to produce the records, reports or information in a timely fashion. While it is critically important to ensure that companies actively aid the agency's investigative process by promptly providing information related to an incident, there may be situations where a company goes to great lengths to cooperate with an investigation, but for a variety of reasons falls short of fully satisfying the requirements of Section 60117(b)(3). For example, the information solicited in a written request may be unclear or otherwise subject to multiple interpretations. A company may promptly provide the information that it believes to be fully responsive to the request only to find out later that the information is somehow deficient either because it is incomplete, in a different form, or of a different character than that contemplated by the agency. In these situations, despite the best of intentions, a company may find out many days or weeks later that it is nonetheless subject to cumulative daily civil penalties.”