{"operation":"document","citation":"CPF 12023013NOPV","title":"KIANTONE PIPELINE CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 194.7(b), 195.402(a), 195.403(c), 195.406(a), 195.410(a)(1), 195.452(l)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023013nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023013nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023013nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023013NOPV","body":"Notice of Probable Violation involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulations as 194.7(b),  195.402(a),  195.403(c),  195.406(a),  195.410(a)(1),  195.452(l)(1). The case was opened on 2023-05-04 and is reported as closed as of 2024-02-29. Proposed civil penalty: $167,600. Assessed civil penalty: $84,700. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023013NOPV_Closure Letter_02292024_(22-233209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_Closure%20Letter_02292024_(22-233209).pdf\n\n12023013NOPV_Closure Letter_02292024_(22-233209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_Closure%20Letter_02292024_(22-233209)_text.pdf\n\n12023013NOPV_Consent Agreement and Order_12052023_(22-233209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_Consent%20Agreement%20and%20Order_12052023_(22-233209).pdf\n\n12023013NOPV_Consent Agreement and Order_12052023_(22-233209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_Consent%20Agreement%20and%20Order_12052023_(22-233209)_text.pdf\n\n12023013NOPV_Operator RtN Stmt of Issues Hearing Conf_ 06022023_(22-233209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_Operator%20RtN%20Stmt%20of%20Issues%20Hearing%20Conf_%2006022023_(22-233209).pdf\n\n12023013NOPV_Operator Withdrawal of Hearing Request_12012023_(22-233209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_12012023_(22-233209).pdf\n\n12023013NOPV_PCO PCP_05042023_(22-233209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_PCO%20PCP_05042023_(22-233209).pdf\n\n12023013NOPV_PCO PCP_05042023_(22-233209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_PCO%20PCP_05042023_(22-233209)_text.pdf\n\n12023013NOPV_PHC Hearing Scheduled_06232023_(22-233209).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_PHC%20Hearing%20Scheduled_06232023_(22-233209).pdf\n\n12023013NOPV_PHC Hearing Scheduled_06232023_(22-233209)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023013NOPV/12023013NOPV_PHC%20Hearing%20Scheduled_06232023_(22-233209)_text.pdf\n\n12023013NOPV_Consent Agreement and Order_12052023_(22-233209)_text.pdf\n\nDecember 5, 2023\nVIA ELECTRONIC MAIL TO: dwortman@urc.com\nDave Wortman\nVice President, Supply and Transportation\nKiantone Pipeline Corporation\n15 Bradley Street\nP.O. Box 780\nWarren, Pennsylvania 16365\nCPF No. 1-2023-013-NOPV\nDear Mr. Wortman:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Kiantone Pipeline\nCorporation, which was executed on December 1, 2023. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise 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\nEnclosures: Order and Consent Agreement\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. George C. Hopkins, Esq., Vinson & Elkins LLP, Outside Counsel to Kiantone Pipeline\nCorporation, ghopkins@velaw.com\nCONFIRMATION OF 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 )\nKiantone Pipeline Corporation, ) CPF No. 1-2023-013-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated May 5, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Notice) to Kiantone Pipeline Corporation\n(Kiantone or Respondent).\nIn response to the Notice, Kiantone contested the alleged violations, associated proposed civil\npenalty, and the associated proposed compliance order, and requested a hearing in this matter.\nRespondent also asked for the opportunity to meet informally with PHMSA to discuss the issues\nraised in its response. Respondent and PHMSA (The Parties) subsequently met to discuss the\nissues raised in the Response. As a result of those discussions, as explained in more detail\nbelow, Respondent agreed to certain findings of violation without admission and subject to the\nagreed terms of the Parties, and to pay a reduced civil penalty and take corrective actions that\nhave already been completed.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Kiantone is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms.\nPursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in\nthe assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49 C.F.R. § 190.223.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nDecember 5, 2023\n______________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\n)\nKiantone Pipeline Corp., ) CPF No. 1-2023-013-NOPV\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom April 25 through May 20, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), conducted field observations and an inspection of the facilities and\nrecords of Kiantone Pipeline Corp. (Kiantone or Respondent) in Warren, Pennsylvania (the\nInspection). Kiantone operates an approximately 80-mile interstate hazardous liquid pipeline\nfacility in Pennsylvania and New York.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 5, 2023, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice), which also included warning items pursuant to 49 C.F.R.\n§ 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed findings that Kiantone\ncommitted violations of provisions of 49 C.F.R. Parts 194 and 195, proposed ordering\nRespondent to take certain measures to correct alleged violations, and proposed a civil penalty of\n$167,600. Four alleged violations (Items 2, 4, 6 and 7) were brought as warnings, advising\nRespondent to correct the probable violations or face potential future enforcement action.\nKiantone timely responded to the Notice on June 2, 2023 (Response). Respondent requested a\nhearing and contested Items 1, 5, 8, and 9 and the proposed civil penalty. Kiantone also\nrequested PHMSA withdraw the warning in Item 4 and stated there was no factual basis for the\nwarning in Item 6. Respondent also requested to meet informally with PHMSA to discuss the\nissues raised in the Response.\nPHMSA and Respondent (the Parties) subsequently met several times to discuss the issues raised\nin the Response. As a result of those discussions, and as explained in more detail below for\nItems 3 and 9, the Parties have agreed that the Proposed Compliance Order has already been\ncompleted. The Parties have agreed to a reduced total civil penalty assessment of $84,700 for\nItems 1, 5, and 9, and to a withdrawal of the proposed civil penalty for Item 8. The Parties have\n\n\n\nalso agreed to a compliance order action to be taken by Respondent for Item 8, which has already\nbeen completed.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement, the Parties hereby\nagree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it\nreceived proper notice of PHMSA’s action in this proceeding and that the Notice states claims\nupon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and\norders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, PHMSA\n(Associate Administrator), recommending that the Associate Administrator adopt the terms of this\nConsent Agreement by issuing an administrative order (Consent Order) incorporating the terms of\nthis Agreement. The terms of this Agreement constitute an offer of settlement until accepted by\nthe Associate Administrator. Once accepted, the Associate Administrator will issue a Consent\nOrder incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. As a part of this settlement,\nRespondent waives all rights to contest the adequacy of notice, or the validity of the Consent\nOrder or this Agreement, including all rights to administrative or judicial hearings or appeals,\nexcept as set forth herein. Respondent agrees to withdraw its request for an administrative\nhearing regarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA, and upon\nRespondent, its officers, directors, and employees, and its successors, assigns, or other entities or\npersons otherwise bound by law. Respondent agrees to provide a copy of this Agreement and\nany incorporated work plans and schedules to all of Respondent’s officers, employees, and\nagents whose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nPHMSA acknowledges that the claims asserted in the Notice constitute all claims of probable\nviolations that it will assert against Respondent arising out of the Inspection. The Parties\nacknowledge that there are no representations, agreements or understandings relating to\nsettlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n\n\n\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n8. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n9. Except as otherwise specified herein, this Agreement does not constitute a finding\nof violation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nagreement or in future PHMSA enforcement actions. Respondent neither admits nor denies any\nallegation or conclusion in the Notice or this Agreement, but agrees for purposes of this\nAgreement to comply with the terms of this Agreement.\nII. Findings of Violation:\n10. Item 1- 49 C.F.R. § 194.7(b): The Notice alleged Respondent failed to follow its\nresponse plan regarding spill response equipment testing. Specifically, Kiantone failed to\noperate its facilities in accordance with its Facility Response Plan when it did not test its spill\nresponse equipment according to the required intervals at its Warren, Pennsylvania facility\nduring 2020 and 2021. Respondent contested Item 1 and requested that the proposed civil\npenalty be withdrawn. With its Response and subsequently thereafter, Kiantone submitted\nrecords covering the time periods addressed in the Notice which reflected inspection of certain\nspill response equipment at its pipeline facilities. Upon review of the additional documents, the\nParties agree to a reduced civil penalty assessment for this alleged violation. PHMSA finds\nviolations of § 194.7(b).\n11. Item 3- 49 C.F.R. § 195.402(a): The Notice alleged Respondent failed to follow\nits written procedures. Specifically, Kiantone failed to follow its Annual Cathodic Protection\nand New Cathodic Protection Systems Survey regarding conducting its breakout tank cathodic\nprotection surveys. The Response indicated that following the inspection, Kiantone developed a\n\n\n\nnew procedure for conducting its breakout tank cathodic protection surveys and also a new form\nto document information collected during such surveys. Respondent requested the Director find\nthat the Proposed Compliance Order action associated with this alleged violation has already\nbeen completed. PHMSA finds a violation of § 195.402(a).\n12. Item 5- 49 C.F.R. § 195.403(c): The Notice alleged Respondent failed to require\nand verify that its supervisors maintain a thorough knowledge of that portion of the emergency\nresponse procedures for which they are responsible for ensuring compliance. Specifically,\nKiantone failed to provide records demonstrating compliance with § 195.403(c). Respondent\ncontested Item 5, stating it met the stated requirement in § 195.403(c), but acknowledged\nrelevant records were not available during the inspection and provided additional records with\nthe Response and subsequently thereafter. Upon review of the additional documentation, the\nParties agree to a reduced civil penalty assessment for this alleged violation. PHMSA finds\nviolations of § 195.403(c).\n13. Item 8- 49 C.F.R. § 195.402(a): The Notice alleged Respondent failed to follow\nits written procedures. Specifically, Kiantone failed to follow its Operations, Maintenance &\nEmergency Response Procedures Manual regarding calibration of field instrumentation used in\nleak detection. Kiantone contested Item 8 and requested withdrawal of the associated proposed\ncivil penalty, indicating that the relevant standards were discretionary as to the manufacturer’s\nrecommended calibration intervals. Further, Kiantone amended its relevant procedures and\nPHMSA agrees that these amendments meet the applicable requirements. Therefore, the\nDirector agrees to withdraw the proposed civil penalty. PHMSA finds a violation of §\n195.402(a).\n14. Item 9- 49 C.F.R. § 195.452(l)(1): The Notice alleged Respondent failed to\nmaintain records that demonstrate compliance with the requirements of subpart F of Part 195.\nSpecifically, Kiantone failed to maintain documents of the evaluation of the capability of its leak\ndetection as required by § 195.452(i)(3). Respondent contested the alleged violation, indicating\nit performed a leak detection evaluation incorporating most of the required regulatory factors,\nand requested a reduction of the proposed civil penalty or that it be treated as a warning.\nKiantone provided additional documentation of the leak detection evaluations. Upon review of\nthe additional documents, the Parties agree to a reduced civil penalty assessment for this alleged\nviolation. Respondent requested the Director find that the Proposed Compliance Order action\nassociated with this alleged violation has already been completed. PHMSA finds a violation of §\n195.452(l)(1).\nIII. Warning Items:\n15. Item 2- 49 C.F.R. § 195.402(a): The Notice alleged Respondent failed to follow\nits Operations, Maintenance & Emergency Response Procedures Manual and Facility Response\nPlan regarding emergency response training.\n16. Item 4- 49 C.F.R. § 195.402(a): The Notice alleged Respondent failed to conduct\na review of its Operations, Maintenance, & Emergency Response Procedures Manual, at intervals\n\n\n\nnot exceeding 15 months, but at least once each calendar year, and make appropriate changes as\nnecessary to ensure that the manual is effective.\n17. Item 6- 49 C.F.R. § 195.406(a): The Notice alleged Respondent failed to\nmaintain adequate records demonstrating the design pressure of all pipeline components pursuant\nto § 195.406(a)(2), to support its maximum operating pressure determination for its West Seneca\n-Warren and Enbridge -West Seneca pipelines.\n18. Item 7- 49 C.F.R. § 195.410(a)(1): The Notice alleged Respondent failed to\nmaintain line markers at a public road crossing in the north and south directions adjacent to\nmainline valve eight, in Warren County, Pennsylvania.\n19. For Warning Items 2, 4, 6, and 7, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Civil Penalty:\n20. Item 1: The Notice proposed a civil penalty of $37,900 for the alleged\nviolations. Respondent contested Item 1 and requested that the allegation and the proposed civil\npenalty be withdrawn. Kiantone provided inspection and checklist records for certain spill\nresponse equipment that reflected inspections conducted during the time periods implicated by\nthe alleged violations. The Parties agree to a reduced civil penalty assessment (reduced gravity\nconsideration) for this violation. Respondent agrees, without admission, to pay a reduced civil\npenalty in the amount of $24,500 for the violations in Item 1.\n21. Item 5: The Notice proposed a civil penalty of $40,500 for the alleged violation.\nKiantone contested the alleged violation and requested that the proposed civil penalty be reduced\nor that it be treated as a warning. Kiantone provided records of evaluation for a covered task\naddressing control room emergency response that it asserts verify a supervisor’s knowledge of,\nand ability to implement, emergency response procedures. The Parties agree to a reduced civil\npenalty assessment (reduced gravity consideration) for this violation. Respondent agrees,\nwithout admission, to pay a reduced civil penalty in the amount of $24,900 for the violation in\nItem 5.\n22. Item 8: The Notice proposed a civil penalty of $35,300 for this alleged violation.\nAs discussed above, the Director withdraws the proposed civil penalty for this Item.\n23. Item 9: The Notice proposed a civil penalty of $53,900 for this alleged violation.\nRespondent contested the alleged violation and requested a reduction in the proposed civil\npenalty or that it be treated as a warning item. Kiantone provided additional documentation that\nit believed evidenced that its practice has been to incorporate the leak detection evaluation,\nincluding all the required regulatory factors, into other programmatic reviews, such as the annual\nreviews of the Integrity Management Program and the Facility Response Plan. The Parties agree\nto a reduced civil penalty assessment (reduced gravity consideration) for this violation.\nRespondent agrees, without admission, to pay the proposed civil penalty in the amount of\n$35,300 for the violation in Item 9.\n\n\n\n24. Respondent shall pay a total civil penalty in the amount of $84,700 pursuant to\nthe payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from\nthe Effective Date of this Agreement.\nV. Compliance Order:\n25. Item 3: The Notice proposed certain compliance order actions to address the\nclaims alleged in Item 3. As discussed above, based on additional records submitted by\nRespondent, the Parties agree that the proposed compliance order for this Item has already been\ncompleted.\n26. Item 8: The Parties discussed certain compliance order actions to address the\nclaims alleged in Item 8. As discussed above, the Respondent submitted a revised procedure to\nPHMSA and the Director has approved. Therefore, the parties agree that any potential\ncompliance order for this Item has already been completed.\n27. Item 9: The Notice proposed certain compliance order actions to address the\nclaims alleged in Item 9. Based on additional records submitted by Respondent, including a leak\ndetection evaluation report that satisfies 49 C.F.R. §§ 195.452(l)(1) and 195.452(i)(3), the Parties\nagree that the proposed compliance order for this Item has already been completed.\nVI. Enforcement:\n29. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nas specified in 49 U.S.C. § 60122 and 49 C.F.R. § 190.223 (presently up to $257,664 per violation\nfor each day the violation continues) and referral of the case to the Attorney General for judicial\nenforcement, if PHMSA determines that Respondent is not complying with the terms of this\nAgreement in accordance with the determinations made by the Director, or if appealed, in\naccordance with decisions of the Associate Administrator. The maximum civil penalty amounts\nare adjusted annually for inflation. See 49 C.F.R. § 190.223.\nVII. Dispute Resolution:\n30. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including but not limited to any decision of the Director. If\nRespondent and the Director are unable to informally resolve the dispute within 15 calendar days\nafter the dispute is first raised, in writing, to the Director, Respondent may submit a written\nrequest for a determination resolving the dispute from the Associate Administrator for Pipeline\nSafety, PHMSA. Such request must be made in writing and provided to the Director, counsel for\nthe Eastern Region, and to the Associate Administrator, no later than 10 calendar days from the\n15-day deadline for informal resolution referenced in this paragraph. Along with its request,\nRespondent must provide the Associate Administrator with all information Respondent believes\nis relevant to the dispute. Decisions of the Associate Administrator under this paragraph will\nconstitute final agency action. The existence of a dispute and PHMSA’s consideration of matters\nplaced in dispute will not excuse, toll, or suspend any term or timeframe for completion of any\n\n\n\nwork to be performed under this Agreement during the pendency of the dispute resolution\nprocess, except as agreed by the Director or the Associate Administrator in writing, or ordered\nby a court of competent jurisdiction.\nVIII. Effective Date:\n31. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, incorporating the terms of this Agreement.\nIX. Modification:\n32. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nX. Ratification:\n33. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n34. The Parties hereby agree to all conditions and terms of this Agreement.\nXI. Termination:\n35. This Agreement will remain in effect until the total civil penalty amount in\nParagraph 24 has been paid in accordance with that paragraph.\n\n\n\nFor Kiantone Pipeline Corp.:\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Eastern Region, Office of Pipeline Safety\n________________________\nDate\n\n12023013NOPV_Closure Letter_02292024_(22-233209)_text.pdf\n\nVIA ELECTRONIC MAIL TO: dwortman@urc.com\nFebruary 29, 2024\nMr. Dave Wortman\nVice President, Supply and Transportation\nKiantone Pipeline Corp\n15 Bradley Street\nPO BOX 780\nWarren, Pennsylvania 16365\nCPF 1-2023-013-NOPV\nDear Mr. Wortman:\nBy letter dated May 5, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety, issued a Notice of Probable Violation, Proposed Civil Penalty, and Proposed\nCompliance Order (Notice) to Kiantone Pipeline Corp. (Respondent).\nIn response to the Notice, Respondent contested Items 1, 4, 5, 6, 8, and 9, of the alleged violations and\nthe associated proposed civil penalties, and requested a hearing in this matter. Respondent also asked\nfor the opportunity to meet informally with PHMSA to discuss the issues raised in its response.\nRespondent and PHMSA (The Parties) subsequently met to discuss the issues raised in its response.\nAs a result of those discussions, Respondent agreed to certain findings of violation without admission\nand subject to the agreed terms of the Parties, and to pay a reduced civil penalty and take corrective\nactions that have already been completed.\nOn December 5, 2023, PHMSA issued to Respondent the Consent Order. On December 18, 2023,\nRespondent completed payment of the Civil Penalty. Accordingly, this case is now closed and no\nfurther action is contemplated with respect to the matters involved in this case. Thank you for your\ncooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n12023013NOPV_PHC Hearing Scheduled_06232023_(22-233209)_text.pdf\n\nJune 23, 2023\nVIA ELECTRONIC MAIL TO: ghopkins@velaw.com and robert.burrough@dot.gov\nMr. George C. Hopkins, Esq.\nCounsel for Kiantone Pipeline Corporation\nVinson & Elkins LLP\n2200 Pennsylvania Avenue, NW, Suite 500\nWashington, DC 20037\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nRe: Notice of Hearing, Kiantone Pipeline Corporation\nCPF No. 1-2023-013-NOPV\nDear Mr. Hopkins and Mr. Burrough:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the\nPipeline and Hazardous Materials Safety Administration in the above-referenced case. The\nhearing will take place on December 6th, 2023, beginning at 8:30 a.m. Eastern Time.\nThe hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite\n300, West Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present\nphoto identification to security personnel. A contact phone number for the day of the hearing is\n(609) 989-2171.\nAt least 10 calendar days prior to the hearing (or by November 27, 2023), both parties must\nsubmit and exchange any additional written materials they intend to present at the hearing and\nthe name and email address of each attendee. This information should be provided\nelectronically. Materials not submitted by this date may be excluded. If you have any questions,\nplease do not hesitate to contact me.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Dave Wortman, Vice President Supply and Transportation, Kiantone Pipeline\nCorporation, dwortman@urc.com\nMr. Joseph St. Peter, Eastern Region Counsel, Office of Pipeline Safety, PHMSA,\njoseph.st.peter@dot.gov","truncated":false,"body_characters":28749}