FERRELLGAS — Notice of Probable Violation

party submissionOfficial PDF22023013NOPV_Operator Post-Hearing Brief_10312025_(21-224433).pdf#

party submissionOfficial PDF22023013NOPV_Operator Response to Notice and RfH_12112023_(21-224433).pdf#

case documentOfficial PDF22023013NOPV_PCP PCO_11162023_(21-224433).pdf#

case documentOfficial PDF22023013NOPV_PCP PCO_11162023_(21-224433)_text.pdf#

22023013NOPV_PHC Hearing Rescheduled_10182024_(21-224433)_text.pdf, page 1Official PDFDate: October 18, 2024 From: Larry White To: File Re: Continuance of Hearing, Ferrellgas, LP CPF No. 2-2023-013-NOPV By electronic mail dated October 17, 2024, Megan Haines, Counsel for Ferrellgas LP, and Ryan McClure, Counsel for OPS Southern Region, submitted a joint request for a further continuance of the hearing previously rescheduled for October 28, 2024. The request explained that Ferrellgas has experienced significant impacts following Hurricane Milton. I granted the request for a continuance until February 18, 2025 which will be the new hearing date if a consent agreement is not completed by that time.#

22023013NOPV_PHC Hearing Rescheduled_05212025_(21-224433)_text.pdf, page 1Official PDFMay 21, 2025 VIA EMAIL TO: MBalaster@reedsmith.com, Ryan.McClure@dot.gov et al. Ms. Mary Balaster, Esq. Counsel for Respondent Ferrellgas, LP Reed Smith 1221 McKinney Street, Ste. 2100 Houston, TX 77010 Mr. Ryan McClure, Esq. Counsel for the Agency Pipeline and Hazardous Materials Safety Administration (PHMSA) 1200 New Jersey Ave., S.E. Washington, DC 20590 Re: PHMSA Case No.: 2-2023-013-NOPV, Ferrellgas, LP, Notice of Hearing and Order Regarding Prehearing Statement Dear Ms. Balaster and Mr. McClure, In accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of Probable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by PHMSA in the above referenced case. The hearing will take place on August 12, 2025, beginning at 9:30 a.m. Eastern Time. The hearing will be held virtually via Microsoft Teams. Hearing login information will be provided later. Each party is directed to submit to the presiding official and the other party by email a pre-hearing statement, due no later than July 29th, 2025, including the following information: 1. A statement of facts 2. A list of all agreed upon facts 3. Defenses (by Respondent) 4. A witness list including a description and anticipated length of each witness’ anticipated testimony. The description must be sufficient to show how the anticipated testimony may prove or disprove a fact significant to the case.#

22023013NOPV_PHC Hearing Rescheduled_05212025_(21-224433)_text.pdf, page 25. A copy of all exhibits with an index identifying the documents. All exhibits must be marked for identification in the lower right corner of each page. Documents already in the case file should not be included. The parties must confer regarding item 2 above. Failure to submit items 4 and 5 above may result in disallowance of that evidence at the hearing. The parties may supplement their hearing exhibits or witness list with fair notice to the other party and the presiding official. A brief pre-hearing conference may be held 7-10 days prior to the hearing if the presiding official deems it appropriate. The presiding official strongly recommends that a court reporter transcribe the hearing. If Respondent elects to transcribe the hearing, Respondent should notify the presiding official (with copy to the other party) as soon as practicable. The Agency is required to be represented by counsel for these proceedings. Regards, Dolores Francis Presiding Official#

22023013NOPV_PHC Hearing Rescheduled_08092024_(21-224433)_text.pdf, page 1Official PDFDate: August 9, 2024 From: Larry White To: File Re: Continuance of Hearing, Ferrellgas, LP CPF No. 2-2023-013-NOPV By electronic mail dated July 24, 2024, Ryan McClure, Counsel for OPS Southern Region, and Michelle Maggi, a representative for Ferrellgas, LP submitted a joint request for a continuance of the hearing previously scheduled for August 7, 2024. The request explained that the parties were engaged in settlement discussions to resolve the case which would make a hearing unnecessary and the additional time was needed to pursue the negotiations. I granted the request for a continuance until September 12, 2024 which will be the new hearing date if resolution by consent agreement is not completed by that time.#

22023013NOPV_PHC Hearing Rescheduled_02072025_(21-224433)_text.pdf, page 1Official PDFDate: February 7, 2025 From: Joseph St. Peter To: File Re: Continuance of Informal Hearing in CPF No. 2-2023-013-NOPV (Ferrellgas, LP) By electronic mail on February 2, 2025, Ryan McClure, Counsel for Southern Region, requested a call to discuss a request to reschedule the informal hearing scheduled on February 18, 2025, in the above-listed matter. A call to discuss the request with the parties was held on February 7, 2025, during which the parties indicated preference to reschedule the February 18 hearing date. The parties also indicated they may engage in further settlement discussions. The request is granted, and the informal hearing in this case will be held via videoconference on Wednesday May 14, 2025, at 9:30 a.m. Eastern Daylight Time. Pre-hearing submissions under 49 CFR § 190.211(d) are due no later than May 5, 2025. The videoconference information will be provided to the parties prior to the hearing.#

22023013NOPV_PHC Hearing Rescheduled_09112024_(21-224433)_text.pdf, page 1Official PDFDate: September 11, 2024 From: Larry White To: File Re: Continuance of Hearing, Ferrellgas, LP CPF No. 2-2023-013-NOPV By electronic mail dated August 28, 2024, Megan Haines, Counsel for Ferrellgas LP, and Ryan McClure, Counsel for OPS Southern Region, submitted a joint request for a further continuance of the hearing previously rescheduled for September 12, 2024. The request explained that the parties were pursuing a resolution of the case which would make a hearing unnecessary, and the additional time was needed due to the change in Respondent’s counsel to complete an agreement. I granted the request for a continuance until October 28, 2024 which will be the new hearing date if a consent resolution is not completed by that time.#

22023013NOPV_PHC Hearing Scheduled_02092024_(21-224433)_text.pdf, page 1Official PDFFebruary 9, 2024 VIA ELECTRONIC MAIL TO: rufusyoungblood@ferrellgas.com and james.urisko@dot.gov Mr. Rufus Youngblood Director, Safety Ferrellgas, LP One Liberty Plaza Liberty, MO 64068 Mr. James Urisko Director, Southern Region Pipeline and Hazardous Materials Safety Administration 230 Peachtree Street NW, Suite 2100 Atlanta, GA 30303 Re: Notice of Hearing, Ferrellgas, LP CPF No. 2-2023-013-NOPV Dear Mr. Youngblood and Mr. Urisko: In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the Pipeline and Hazardous Materials Safety Administration in the above-referenced case. The hearing will be held via videoconference on August 7th, 2024, beginning at 8:30 a.m. Eastern Time. The videoconference information will be provided prior to the hearing. At least 10 calendar days prior to the hearing (or by July 29th, 2024), both parties must submit and exchange any additional written materials they intend to present at the hearing and the name and email address of each attendee. This information should be provided electronically. Materials not submitted by this date may be excluded. If you have any questions, please do not hesitate to contact me. Sincerely, Larry White Presiding Official#

22023013NOPV_PHC Hearing Scheduled_02092024_(21-224433)_text.pdf, page 2cc: Mr. Matthew Woolf, Esq., Counsel, Ferrellgas, LP, matthewwoolf@ferrellgas.com Mr. Ryan McClure, Counsel, Southern Region, Office of Pipeline Safety, PHMSA, ryan.mcclure@dot.gov#