{"operation":"document","citation":"CPF 120175016","title":"SUNOCO PIPELINE L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-05-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175016","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175016","body":"Notice of Probable Violation involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2017-05-04 and is reported as closed as of 2017-09-15. Proposed civil penalty: $25,900. Assessed civil penalty: $25,900. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175016_Final Order_09152017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175016/120175016_Final%20Order_09152017.pdf\n\n120175016_Final Order_09152017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175016/120175016_Final%20Order_09152017_text.pdf\n\n120175016_NOPV_PCP_05042017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175016/120175016_NOPV_PCP_05042017.pdf\n\n120175016_NOPV_PCP_05042017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175016/120175016_NOPV_PCP_05042017_text.pdf\n\n120175016_Operator Response to Notice_05172017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175016/120175016_Operator%20Response%20to%20Notice_05172017.pdf\n\n120175016_Final Order_09152017_text.pdf\n\nSeptember 15, 2017\nMr. Matt Ramsey, President\nEnergy Transfer Partners, LP\n8111 Westchester Drive\nDallas, TX 75225\nRe: CPF No. 1-2017-5016\nDear Mr. Ramsey:\nEnclosed please find the Final Order issued in the above-referenced case to your subsidiary,\nSunoco Pipeline, LP. It makes a finding of violation and assesses a civil penalty of $25,900.\nThis is to acknowledge receipt of payment of the full penalty amount, by wire transfer, dated\nMay 24, 2017. This enforcement action is now closed. Service of the Final Order by certified\nmail is effective as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Todd G. Nardozzi, Senior Manager, DOT Compliance, Sunoco Pipeline, LP\nMr. Ryan Coffey, Executive Vice-President – Operations, Sunoco Pipeline, LP, 800 E.\nSonterra Boulevard, San Antonio, TX 78258\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nSunoco Pipeline, LP, ) CPF No. 1-2017-5016\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom December 6 through December 8, 2016, pursuant to 49 U.S.C. § 60117, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of Sunoco Pipeline, LP (Sunoco or\nRespondent), in Icedale, Pennsylvania. The PHMSA representative inspected Sunoco’s Line\n11001 12-inch Point Breeze-to-Montello pipeline integrity digs. Sunoco is now an indirect\nsubsidiary of Energy Transfer Partners, LP, and operates approximately 5,900 miles of pipeline\ntransporting primarily crude oil and refined products in Texas, Oklahoma, Pennsylvania,\nMichigan, and several other states.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 4, 2017, a Notice of Probable Violation and Proposed Civil Penalty (Notice).\nIn accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Sunoco had violated\n49 C.F.R. § 195.402, and proposed assessing a civil penalty of $25,900 for the alleged violation.\nSunoco responded to the Notice by letter dated May 17, 2017 (Response). The company did not\ncontest the allegation of violation and paid the proposed civil penalty of $25,900. In accordance\nwith 49 C.F.R. § 190.208(a)(1), such payment authorizes the Associate Administrator to make a\nfinding of violation and to issue this Final Order.\nFINDING OF VIOLATION\nIn its Response, Sunoco did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n195, as follows:\n1 See Sunoco Logistics Partners, LP, website, at http://www.sunocologistics.com/ (last accessed August 18, 2017).\nOn April 28, 2017, Sunoco’s general partner, Sunoco Logistics Partners, LP, announced a merger with Energy\nTransfer Partners, LP, under which Sunoco Logistics Partners, LP, has changed its name to Energy Transfer\nPartners, LP.\n\n\n\nCPF No. 1-2017-5016\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system\na manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. This\nmanual shall be reviewed at intervals not exceeding 15 months, but at least once\neach calendar year, and appropriate changes made as necessary to insure that the\nmanual is effective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow for each\npipeline system a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies. Specifically, the\nNotice alleged that Sunoco failed to follow its own Field External Coating Discontinuity\nDetection Using High Voltage Inspection Guidelines CORR-TG-0201, Revision 0, dated\nNovember 2014 (Guideline), for coating discontinuity testing. Section 2.1.1.3 of the Guideline\ncontains a formula for determining testing voltage based on coating thickness. This formula\nyields a testing voltage of 8839 V for a 50 mil thick application and 12500 V for a 100 mil thick\napplication. During the inspection, the PHMSA inspector witnessed the application and\nsubsequent holiday detection of Chase Products M50 Tapecoat to Sunoco’s 12-inch Boot-to-\nMontello pipeline. The M50 Tapecoat application created areas of 50 mil and 100 mil thick\ncoating. The holiday detector device being used for testing was set to its maximum voltage of\n5000 V. The 5000 V setting was below the minimum testing voltage requirements calculated in\naccordance with the Guideline.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow for\neach pipeline system a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.2 In determining the amount of a civil penalty under 49 U.S.C.\n2 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum\nCivil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).\n\n\n\nCPF No. 1-2017-5016\nPage 3\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $25,900 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $25,900 for Respondent’s violation of 49 C.F.R.\n§ 195.402(a), for failing to follow for each pipeline system a manual of written procedures for\nconducting normal operations and maintenance activities and handling abnormal operations and\nemergencies. Sunoco neither contested the allegation nor presented any evidence or argument\njustifying elimination of the proposed penalty. Accordingly, having reviewed the record and\nconsidered the assessment criteria, I assess Respondent a civil penalty of $25,900 for violation of\n49 C.F.R. § 195.402(a). Payment for this Item was received on May 24, 2017.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nSeptember 15, 2017\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8942}