EXXONMOBIL PIPELINE CO — Notice of Probable Violation

220025006_final order_09052002_text.pdf, page 1Official PDFU. S. Deparfmenr of Transporiafton Research and Special Programs Administration 400 Seventh Street, S W Washington. D C 20590 SEP -5 2002 Mr. Drew Turner Vice President, Operations ExxonMobil Pipeline Company 800 Bell Street Houston, TX 77002 Re: CPF No. 2-2002-5006 Dear Mr. Turner: Enclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation of pipeline safety standards. Your receipt of the Final Order constitutes service of that document under 49 C. F. R. II190. 5. I acknowledge receipt of, and accept the wire transfer dated April 4, 2002, in the amount of $25, 000 as payment in full of the civil penalty. This case is now closed and no further enforcement action is contemplated with the respect to the inatters involved in this case. Thank you for your cooperation in our joint effort to ensure pipeline safety. Sincerely, Gwendolyn M, Kll Pipeline Compliance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT RE UESTED#

220025006_final order_09052002_text.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of ) ExxonMobil Pipeline Company ) ) ) ) Respondent ) CPF No. 2-2002-5006 FINAL ORDER During December 11-13, 2001, pursuant to Chapter 601 of 49 United States Code, a representative of the Office of Pipeline Safety (OPS) conducted an onsite pipeline safety inspection of Respondent's pipeline facilities and records at the Foreman, Arkansas Pump Station. As a result of the inspection, the Director, Southern Region, OPS, issued to Respondent, by letter dated February 12, 2002, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. I)190. 207, the Notice proposed finding that Respondent had committed a violation of 49 C. F. R. Part 195 and proposed assessing a civil penalty of $25, 000 for the alleged violation. FINDING OF VIOLATION Respondent responded by letter dated March 14, 2002, but did not contest the alleged violation of 49 C. F. R. Part 195 in the Notice. Accordingly, I find that Respondent violated the following section of Part 195, as more fully described in the Notice: 49 C. F. R. Ij195. 406(a)(3) — exceeding the maximum operating pressure of 890 psi at the Foreman Pump Station. The discharge pressure at the Foreman Pump Station varied from 906 to 910 psi for approximately I '/~ hours. This finding of violation will be considered as a prior offense in any subsequent enforcement action taken against Respondent. ASSESSMENT OF PENALTY Under 49 U. S. C. tj 60122, Respondent is subject to a civil penalty not to exceed $25, 000 per violation for each day of the violation up to a maximum of $500, 000 for any related series of violations.#

220025006_final order_09052002_text.pdf, page 349 U. S. C. It 60122 and 49 C. F. R. Il 190. 225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's ability to continue in business, and such other matters as justice may require. Accordingly, having reviewed the record and considered the assessment criteria, I assessed a civil penalty of $25, 000, already paid by Respondent. The terms and conditions of this Final Order are effective upon receipt. SEP -5 2002 Date Issued Stacey Gerard Associate Administrator for Pipeline Safety#