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     “Notice of probable violation” or “NOPV” means a written notice, satisfying the criteria set forth in Section 7.5 of this Act, given by the pipeline safety manager to a person who engages in the transportation of gas or who owns or operates pipeline facilities that identifies a failure of such person to comply with the provisions of this Act, the Federal Act, or any Commission order or rule issued under this Act and may recommend a penalty in connection therewith, subject to the terms of this Act.