# WEST SHORE PIPELINE CO — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120165004
- **title:** WEST SHORE PIPELINE CO — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2016-06-20
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(a), 195.402(c)(3), 195.575(c).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120165004.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120165004.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120165004
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120165004
**body:**

Notice of Probable Violation involving WEST SHORE PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.575(c). The case was opened on 2016-06-20 and is reported as closed as of 2018-03-26. Proposed civil penalty: $105,400. Assessed civil penalty: $105,400. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120165004_Closure Letter_03262018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_Closure%20Letter_03262018.pdf

120165004_Closure Letter_03262018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_Closure%20Letter_03262018_text.pdf

120165004_Final Order_11152016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_Final%20Order_11152016.pdf

120165004_Final Order_11152016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_Final%20Order_11152016_text.pdf

120165004_NOPV PCP PCO_06202016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_NOPV%20PCP%20PCO_06202016.pdf

120165004_NOPV PCP PCO_06202016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_NOPV%20PCP%20PCO_06202016_text.pdf

120165004_Operator Response to Notice_07182016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165004/120165004_Operator%20Response%20to%20Notice_07182016.pdf

120165004_NOPV PCP PCO_06202016_text.pdf

NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
OVERNIGHT EXPRESS DELIVERY
June 20, 2016
T. Scott Collier
VP, Performance Assurance & Asset Integrity
West Shore Pipeline Co.
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
CPF 1-2016-5004
Dear Mr. Collier:
From May 19, 2014 through July 31, 2015, representatives of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49
United States Code, inspected Buckeye Partners, L.P.’s procedures and records for the West Shore
Pipeline Company (Buckeye West Shore) in Breinigsville, PA.
As a result of the inspection, it appears that you have committed probable violations of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable
violations are:
1. §195.402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline system a manual of
written procedures for conducting normal operations and maintenance activities and
handling abnormal operations and emergencies. This manual shall be reviewed at
intervals not exceeding 15 months, but at least once each calendar year, and appropriate
changes made as necessary to insure that the manual is effective. This manual shall be
prepared before initial operations of a pipeline system commence, and appropriate parts
shall be kept at locations where operations and maintenance activities are conducted.
Buckeye West Shore failed to follow its procedures for monitoring electrical isolation at casings
along its pipeline system.



1-2016-5004
Buckeye West Shore’s Corrosion Manual procedure A-02 External Corrosion Control, versions
12/2012, 09/2012, and 12/2011, and procedure J-02 External Corrosion Control version
09/2010, Section 9.4 states: “Annually during the corrosion control survey, installed electrical
isolation devices shall be inspected for proper operation.”
The PHMSA inspector reviewed Buckeye West Shore’s External Corrosion records for Line
Segment EB252US-US254GT. The records indicate that Buckeye West Shore failed to inspect
electrical isolation devices for proper isolation at 6 locations. In an email dated July 31, 2015,
Buckeye West Shore provided additional details on the missed readings:
1. 2. At the first 5 locations noted in the table below, casing vents and test leads did not exist
until 2012, leading to the missed readings in 2011 and 2012. Readings were taken in 2013
at these 5 locations.
At MP 131.890, the 2013 Casing P/S reading was missed due to failure to acquire lane
closures for safe access to the test point.
Location
MP
Date Carrier Pipe P/S
(V)
Casing P/S
(V)
125.790 2011 NR NR
2012 NR NR
6/27/13 -1.337 -0.745
127.250 2011 NR NR
2012 NR NR
6/27/13 -1.593 -0.947
130.300 2011 NR. NR
2012 NR NR
6/27/13 -1.399 -0.703
130.800 2011 NR NR
2012 NR NR
6/27/13 -1.417 -0.766
131.250 2011 NR. NR
2012 NR NR
6/27/13 -1.356 -0.711
131.890 5/23/11 -1.160 -1.086
5/25/12 -1.237 -0.736
2013 -1.312 NR
2. §195.575 Which facilities must I electrically isolate and what inspections, tests, and
safeguards are required?
(c) You must inspect and electrically test each electrical isolation to assure the isolation
is adequate.
Buckeye West Shore failed to inspect and electrically test each electrical isolation at two casings
along its pipeline system to assure the isolation is adequate.
Buckeye’s Corrosion Manual procedure A-05 Shorted Casing, issued 6/2013, 12/2011, and
procedure J-05 Shorted Casing, issued 9/2010, Section 2.7 of each procedure states in part:
120165004_NOPV_PCP_PCO_06202016 Page 2 of 6



1-2016-5004
“The following procedures and evaluations determine whether or not a shorted condition exists,
and if the condition detrimentally affects the level of pipeline cathodic protection. . . [that when
comparing the potentials of the pipeline and its casing] if the potential difference is 100 millivolts
or less, a shorted condition may exist”.
Section 1.5 of each procedure states in part that: “Casings that are determined to be directly
(metallically) shorted as a result of the testing described in this policy shall be cause to initiate a
corrective action plan for remediation. This plan shall be initiated within six months of the
evaluation by the Lead Corrosion Engineer. . . ”
The PHMSA inspector reviewed Buckeye West Shore’s External Corrosion records for Line
Segment EB252US-US254GT. The records indicated that there were two locations (five
instances) in which the potential difference between the pipe-to-soil readings on the casing and
carrier pipes was less than 100 millivolts.
In an email dated July 31, 2015, PHMSA asked Buckeye West Shore to provide additional
information for the two locations. Buckeye West Shore responded as follows:
Location 39.880: “This casing was tested using the Panhandle Eastern test method in 2010 (WO
640030) and found to be shorted. The casing is being monitored by ILI and last inspected in 2013.
There has been no growth of external features within the casing and maximum pit depth is less
than 15%. The pipeline displays adequate cathodic protection at this crossing.”
Location 48.280: “This casing was tested using the Panhandle Eastern test method in 2008 and
found to be shorted. The casing is being monitored by ILI and last inspected in 2013. No external
corrosion features have been identified in this casing. The pipeline displays adequate cathodic
protection at this crossing.”
Monitoring the casings with ILI in lieu of repairing the shorted casing fails to meet the intent of
§195.575(c).
Location
MP
Date Carrier
Pipe
P/S (V)
Casing
P/S (V)
Δ (mv.) Days since
confirming
short
39.880 6/27/11 -1.183 -1.181 2
5/22/12 -1.328 -1.325 3
6/10/13 -1.361 -1.364 3 715
48.280 6/28/11 -1.217 -1.214 3
5/30/12 -1.342 -1.332 10
7/2/13 -1.315 -1.308 7 736
3. §195.402 Procedural manual for operations, maintenance, and emergencies.
(c) Maintenance and normal operations. The manual required by paragraph (a) of this
section must include procedures for the following to provide safety during maintenance
and normal operations:
(3) Operating, maintaining, and repairing the pipeline system in accordance with each
of the requirements of this subpart and subpart H of this part.
Buckeye West Shore’s procedure for monitoring atmospheric corrosion does not provide specific
120165004_NOPV_PCP_PCO_06202016 Page 3 of 6



1-2016-5004
guidance on how to give particular attention to pipe under thermal insulation in accordance with
§195.583(b).
During the investigation, the PHMSA inspector reviewed Buckeye West Shore’s Corrosion
Manual procedure A-04 Visual Pipe Inspection, issued 9/2013. The procedure states in part:
“1. Policy
1.1 Visual inspections shall be conducted by trained and qualified field personnel to provide
information concerning:
1.1.3 Condition of piping under thermal insulation or disbonded coating, at splash zones, or deck
penetrations.”
The procedure does not provide sufficient details on what areas of the insulated piping should be
inspected, such as damaged insulation, low points on vertical runs, areas where pipe supports
penetrate the insulation jacketing, or areas with caulking deterioration. In addition, the procedure
did not provide adequate guidance on when portions of insulation should be removed to evaluate
potential issues identified by visual observations.
Buckeye West Shore stated that there was no other guidance on inspecting piping under thermal
insulation in its written procedures.
In addition, the PHMSA inspector reviewed Buckeye West Shore’s triennial atmospheric
corrosion inspection records at its Granville Terminal, dated April 2013. The feed lines into West
Shore Pipeline’s Granville Terminal are insulated.
1. There are seven jurisdictional pipelines running into the tank area.
2. According to the plant manager and the corrosion technician, the insulation has been in
place since 2006.
3. 4. There are no ports for viewing the condition of representative pipe segments.
There is no mention of inspecting the pipe under the thermal insulation.
Buckeye West Shore stated that it had not removed the thermal insulation, nor inspected the piping
under the insulation for corrosion since it has been installed in 2006.
Proposed Civil Penalty
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000
per violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed
$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related
series of violations. The Compliance Officer has reviewed the circumstances and supporting
documentation involved in the above probable violation(s) and has recommended that you be
preliminarily assessed a civil penalty of $ 105,400 as follows:
Item number PENALTY
1 $61,200
2 $44,200
120165004_NOPV_PCP_PCO_06202016 Page 4 of 6



1-2016-5004
Proposed Compliance Order
With respect to items 2 and 3, pursuant to 49 United States Code § 60118, the Pipeline and
Hazardous Materials Safety Administration proposes to issue a Compliance Order to West Shore
Pipeline Company. Please refer to the Proposed Compliance Order, which is enclosed and made
a part of this Notice.
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. All
material submitted in response to this enforcement action may be made publicly available. If you
believe that any portion of your responsive material qualifies for confidential treatment under 5
U.S.C. 552(b), along with the complete original document you must provide a second copy of the
document with the portions you believe qualify for confidential treatment redacted and an
explanation of why you believe the redacted information qualifies for confidential treatment under
5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a
waiver of your right to contest the allegations in this Notice and authorizes the Associate
Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to
you and to issue a Final Order.
In your correspondence on this matter, please refer to CPF 1-2016-5004 and for each document
you submit, please provide a copy in electronic format whenever possible.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
120165004_NOPV_PCP_PCO_06202016 Page 5 of 6



1-2016-5004
PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) proposes to issue to West Shore Pipeline Company (Buckeye West
Shore) a Compliance Order incorporating the following remedial requirements to ensure the
compliance of Buckeye West Shore with the pipeline safety regulations:
1. In regard to Item Number 2 of the Notice, pertaining to Buckeye West Shore’s failure
to inspect and electrically test each electrical isolation, Buckeye West Shore must
review and update its procedure A-05 Shorted Casing to provide guidance on
remediating shorted casings. The procedures shall be revised within 30 days of receipt
of the Final Order.
2. Buckeye West Shore shall remediate the shorted casings at the 2 locations identified in
Item Number 2, in accordance with the revised procedures, within 12 months of
issuance of the Final Order.
3. In regard to Item Number 3 of the Notice, pertaining to Buckeye West Shore’s failure
to give particular attention to pipe coating under thermal insulation during atmospheric
corrosion monitoring, Buckeye West Shore must review and update its procedure A-04
Visual Pipe Inspection to provide guidance for performing atmospheric corrosion
inspections on pipelines under thermal insulation. The procedures shall be revised
within 30 days of receipt of the Final Order. Buckeye West Shore shall inspect the
piping under thermal insulation at the Granville Terminal, in accordance with the
revised procedures, within 12 months of issuance of the Final Order.
4. Buckeye West Shore must complete the requirements as outlined above. All
documentation demonstrating compliance with each of the items outlined in this
proposed compliance order must be submitted to Byron Coy, PE, Director, Eastern
Region, Pipeline and Hazardous Materials Safety Administration, Suite 103, Bear
Tavern Road, West Trenton, NJ for review.
5. It is requested (not mandated) that Buckeye West Shore maintain documentation of
the safety improvement costs associated with fulfilling this Compliance Order and
submit the total to Byron Coy, PE, Director, Eastern Region, Pipeline and Hazardous
Materials Safety Administration. It is requested that these costs be reported in two
categories: 1) total cost associated with preparation/revision of plans, procedures,
studies and analyses, and 2) total cost associated with replacements, additions and other
changes to pipeline infrastructure.
120165004_NOPV_PCP_PCO_06202016 Page 6 of 6

120165004_Final Order_11152016_text.pdf

Mr. Clark C. Smith
President and Chief Executive Officer
Buckeye GP, LLC
One Greenway Plaza
Suite 600
Houston, Texas 77046
Re: CPF No. 1-2016-5004
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violations, assesses a civil penalty of $105,400, and specifies actions that need to be taken by
West Shore Pipe Line Company, which is operated by Buckeye Partners, L.P., to comply with
the pipeline safety regulations. The penalty payment terms are set forth in the Final Order.
When the civil penalty has been paid and the terms of the compliance order completed, as
determined by the Director, Eastern Region, this enforcement action will be closed. Service of
the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise
provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Acting Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Byron Coy, Director, Eastern Region, OPS
Mr. T. Scott Collier, VP, Performance Assurance & Asset Integrity, West Shore Pipeline
Co.
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
West Shore Pipe Line Co., ) CPF No. 1-2016-5004
)
Respondent. )
____________________________________)
FINAL ORDER
From May 19, 2014 through July 31, 2015, pursuant to 49 U.S.C. § 60117, a representative of
the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of the West
Shore Pipe Line Company (West Shore or Respondent) in Breinigsville, PA. West Shore is a
650-mile common carrier petroleum pipeline system that originates in the greater Chicago area
and transports refined petroleum products to northern Illinois and Wisconsin including the
Madison and Green Bay, Wisconsin metropolitan markets.1 Buckeye Partners, L.P. operates the
West Shore pipeline system on behalf of West Shore.
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated June 20, 2016, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that West Shore had violated 49 C.F.R. §§ 195.402(a), 195.575(c), and
195.402(c)(3), and proposed assessing a civil penalty of $105,400 for the alleged violations. The
Notice also proposed ordering Respondent to take certain measures to correct the alleged
violations.
West Shore responded to the Notice by letter dated July 18, 2016 (Response). The company did
not contest the allegations of violation and agreed to pay the proposed civil penalty of $105,400,
as provided in 49 C.F.R. § 190.227, upon issuance of the Final Order. Respondent did not
request a hearing and therefore has waived the right to one.
FINDINGS OF VIOLATION
In its Response, Respondent did not contest the allegations in the Notice that it violated 49
C.F.R. Part 195, as follows:
1 Pipeline Safety Violation Report (Violation Report), (June 20, 2016) (on file with PHMSA), at 1.



CPF No. 1-2016-5004
Page 2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 194.402(a), which states:
§ 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline system
a manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. This manual shall
be reviewed at intervals not exceeding 15 months, but at least once each calendar
year, and appropriate changes made as necessary to insure that the manual is
effective. This manual shall be prepared before initial operations of a pipeline
system commence, and appropriate parts shall be kept at locations where
operations and maintenance activities are conducted.
The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow a
manual of written procedures for conducting normal operations and maintenance activities and
handling abnormal operations and emergencies. Specifically, the Notice alleged that Respondent
failed to follow its procedures for monitoring electrical isolation at casings along its pipeline
system. Respondent’s Corrosion Manual procedure A-02 External Corrosion Control, versions
12/2012, 09/2012, and 12/2011, and procedure J-02 External Corrosion Control version 09/2010,
Section 9.4 states: “Annually during the corrosion control survey, installed electrical isolation
devices shall be inspected for proper operation.” The PHMSA inspector reviewed Respondent’s
External Corrosion records for Line Segment EB252US-US254GT. The records indicate that
Respondent failed to inspect electrical isolation devices for proper isolation at six locations. In
an email dated July 31, 2015, Respondent provided additional details on the missed readings.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its
manual of written procedures for conducting normal operations and maintenance activities and
handling abnormal operations and emergencies.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.575(c), which states:
§ 195.575 Which facilities must I electrically isolate and what inspections, tests, and
safeguards are required?
(a) You must electrically isolate each buried or submerged pipeline from other
metallic structures, unless you electrically interconnect and cathodically protect the
pipeline and the other structures as a single unit.
(c) You must inspect and electrically test each electrical isolation to assure the
isolation is adequate.
The Notice alleged that Respondent violated 49 C.F.R. § 195.575(c) by failing to inspect and
electrically test each electrical isolation at two casings along its pipeline system to assure the
isolation is adequate. Specifically, the Notice alleged that in lieu of repairing shorted casing,
Respondent monitored the casings with In-Line Inspection (ILI).



CPF No. 1-2016-5004
Page 3
The PHMSA inspector reviewed Respondent’s External Corrosion records for Line Segment
EB252US-US254GT. The records indicated that there were two locations (five instances) in
which the potential difference between the pipe-to-soil readings on the casing and carrier pipes
was less than 100 millivolts.
In an email dated July 31, 2015, PHMSA asked Respondent to provide additional information for
the two locations. Respondent responded as follows:
Location 39.880: “This casing was tested using the Panhandle Eastern test method in 2010 (WO
640030) and found to be shorted. The casing is being monitored by ILI and last inspected in
2013. There has been no growth of external features within the casing and maximum pit depth is
less than 15%. The pipeline displays adequate cathodic protection at this crossing.”
Location 48.280: “This casing was tested using the Panhandle Eastern test method in 2008 and
found to be shorted. The casing is being monitored by ILI and last inspected in 2013. No
external corrosion features have been identified in this casing. The pipeline displays adequate
cathodic protection at this crossing.”
Monitoring the shorted casings with ILI in lieu of repairing the short does not meet the
requirement of §195.575(c).
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.575(c) by failing to inspect and
electrically test each electrical isolation at two casings along its pipeline system to assure the
isolation is adequate.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(3), which states:
§ 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline system a
manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. This manual shall be
reviewed at intervals not exceeding 15 months, but at least once each calendar year,
and appropriate changes made as necessary to insure that the manual is effective.
This manual shall be prepared before initial operations of a pipeline system
commence, and appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.
(c) Maintenance and normal operations. The manual required by paragraph (a)
of this section must include procedures for the following to provide safety during
maintenance and normal operations:
(1) . . . .
(3) Operating, maintaining, and repairing the pipeline system in accordance
with each of the requirements of this subpart and subpart H of this part.
§195.583 What must I do to monitor atmospheric corrosion control?
(a) . . . .



CPF No. 1-2016-5004
Page 4
(b) During inspections you must give particular attention to pipe at soil-to-air
interfaces, under thermal insulation, under disbonded coatings, at pipe supports, in
splash zones, at deck penetrations, and in spans over water.
The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(3) by failing to prepare and
follow a manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. Specifically, the Notice alleged
that Respondent failed to prepare and follow a procedure for monitoring atmospheric corrosion
that gives particular attention to pipe under thermal insulation in accordance with § 195.583(b).
During the investigation, the PHMSA inspector reviewed Respondent’s Corrosion Manual
procedure A-04 Visual Pipe Inspection, issued September 2013. The procedure did not explain
what areas of the insulated piping should be inspected, such as damaged insulation, low points
on vertical runs, areas where pipe supports penetrate the insulation jacketing, or areas with
caulking deterioration. In addition, the procedure did not describe when portions of insulation
should be removed to evaluate potential issues identified by visual observations.
Respondent stated that there was no other guidance on inspecting piping under thermal insulation
in its written procedures.
In addition, the PHMSA inspector reviewed Respondent’s triennial atmospheric corrosion
inspection records at its Granville Terminal, dated April 2013. The feed lines into Respondent’s
Granville Terminal are insulated. Respondent stated that it had not removed the thermal
insulation, nor inspected the piping under the insulation for corrosion since it has been installed
in 2006.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.402(c)(3) by failing to prepare
and follow a manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies.
These findings of violations will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations. In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total



CPF No. 1-2016-5004
Page 5
civil penalty of $105,400 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $61,200 for Respondent’s violation of 49 C.F.R.
§ 195.402(a) by failing to follow its procedures for monitoring electrical isolation at casings
along its pipeline system. Respondent neither contested the allegation nor presented any
evidence or argument justifying elimination of the proposed penalty. Accordingly, having
reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of
$61,200 for violation of 49 C.F.R. § 195.402(a).
Item 2: The Notice proposed a civil penalty of $44,200 for Respondent’s violation of 49 C.F.R.
§ 195.575(c) by failing to inspect and electrically test each electrical isolation at two casings
along its pipeline system to assure the isolation is adequate. Respondent neither contested the
allegation nor presented any evidence or argument justifying elimination of the proposed
penalty. Accordingly, having reviewed the record and considered the assessment criteria, I
assess Respondent a civil penalty of $44,200 for violation of 49 C.F.R. § 195.575(c).
In summary, having reviewed the record and considered the assessment criteria for each of the
Items cited above, I assess Respondent a total civil penalty of $105,400.
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, 6500 S
MacArthur Blvd., Oklahoma City, Oklahoma 79169. The Financial Operations Division
telephone number is (405) 954-8845.
Failure to pay the $105,400 civil penalty will result in accrual of interest at the current annual
rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 2 and 3 in the Notice for
violations of 49 C.F.R. §§ 195.575(c) and 195.402(c)(3) respectively. Under 49 U.S.C.
§ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or
operates a pipeline facility is required to comply with the applicable safety standards established
under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,
Respondent is ordered to take the following actions to ensure compliance with the pipeline safety
regulations applicable to its operations:
1. With respect to the violation of § 195.575(c) (Item 2), Respondent must review



CPF No. 1-2016-5004
Page 6
and update its procedure A-05 Shorted Casing to include provisions that require
remediating shorted casings. The procedures must be revised within 30 days of
receipt of the Final Order.
2. With respect to the violation of § 195.575(c) (Item 2), Respondent must remediate
the shorted casings at the 2 locations identified in Item Number 2, in accordance with
the revised procedures, within 12 months of issuance of the Final Order.
3. With respect to the violation of § 195.402(c)(3) (Item 3), Respondent must give
particular attention to pipe coating under thermal insulation during atmospheric
corrosion monitoring. Respondent must review and update its procedure A-04 Visual
Pipe Inspection to require performing atmospheric corrosion inspections on pipelines
under thermal insulation. The procedures must be revised within 30 days of receipt
of the Final Order. Respondent must inspect the piping under thermal insulation at
the Granville Terminal, in accordance with the revised procedures, within 12 months
of issuance of the Final Order.
4. Respondent must complete the requirements as outlined above. All documentation
demonstrating compliance with each of the items outlined in this proposed
compliance order must be submitted to Byron Coy, PE, Director, Eastern Region,
Pipeline and Hazardous Materials Safety Administration, Suite 103, Bear Tavern
Road, West Trenton, NJ for review.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
In addition, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,
Respondent is requested (not mandated) to take the following action:
West Shore should maintain documentation of the safety improvement costs
associated with fulfilling this Compliance Order and submit the total to Byron Coy,
PE, Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration. It is requested that these costs be reported in two categories: 1) total
cost associated with preparation/revision of plans, procedures, studies and analyses;
and 2) total cost associated with replacements, additions and other changes to pipeline
infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
Under 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA



CPF No. 1-2016-5004
Page 7
will accept petitions received no later than 20 days after receipt of service of this Final Order by
the Respondent, provided they contain a brief statement of the issue(s) and meet all other
requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays the payment of
any civil penalty assessed. Unless the Associate Administrator, upon request, grants a stay, all
other terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Alan K. Mayberry Date Issued
Acting Associate Administrator
for Pipeline Safety

120165004_Closure Letter_03262018_text.pdf

OVERNIGHT EXPRESS DELIVERY
March 26, 2018
Mr. T. Scott Collier
VP, Performance Assurance & Asset Integrity
West Shore Pipeline Co.
Five TEK Park
9999 Hamilton Boulevard
Breinigsville, PA 18031
CPF 1-2016-5004
Dear Mr. Collier:
On November 15, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to West Shore Pipeline Co., a Final Order in the above-referenced case. This Order included
a Compliance Order and Civil Penalty assessment. Based on our review of the documentation you
provided and confirmation of payment of the civil penalty, it has been determined that you have
complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
- **truncated:** false
- **body characters:** 34903