NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Probable Violation

case documentOfficial PDFcpf320035027.pdf#

320035027_Final Order_03182005.pdf, page 1Official PDFu.s. Deponmeil of Tronsportotion Plpeline ond Hozordous moferlols Sotely Administroflon 400 Se\,/enth Stre€t, S.W. washinglon, D.C. 20590 l|iAR 1 8 ?Cl]: Mr. L. Leroy Anderson Vice President - Regulatory Affairs Kaneb Pipe Line Company 7340 West 21st Street N., Suite 200 Wichita, KS 67205 Re: CPF No. 3-2003-5027 Dear Mr. Anderson: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty for those violations. I acknowledge your wire transfer dated January 22,2004, for $12,000 as payment in fulI of the civil penalty assessed in the Final Order. This case is now closed and no firrther enforcement action is contemplated with respect to the matters in this case. Your receipt of the Final Order constitutes service of that document under49 C.F.R. I 190.5. Sincerely, #.-- ftr--* James Relmolds Pipeline ComPliance RegistrY Office of Pipeline SafetY Enclosure#

320035027_Final Order_03182005.pdf, page 2I U DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Kaneb Pipe Line Company Respondent CPF No. 3-2003-s027 FINAL ORDER On December 11, 2003, in accordance with 49 C.F.R. $ 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committed violations of 49 C.F.R. Pafi 195 and proposed assessing a civil penalty of $12,000 for the alleged violations. Respondent responded to the Notice by letter dated March l, 2004 (Response). Respondent did not contest the allegations or the amount of the proposed civil penalty. Respondent submitted a wire transfer in the amount of the proposed civil penalty ($12,000), waiving further right to respond and authorizing the entry of this Final Order. Pursuant to $ 190.209(aX1) and 49 U.S.C. I 60122,I find that Respondent violated the following sections of 49 C.F.R. Part 195 as more fully described in the Notice: 49 C.F.R. $ 195.402 - failing to follow its operating and maintenance procedures for establishing ard maintaining liaison with fire, police, and other appropriate public officials with respect to the Council Bluffs to Sioux Falls 6-inch pipeline and its lines in North Dakota; and 49 C.F.R. E 195.442 - failing to provide notice of its pipeline damage prevention progmm to make excavators aware of the program's existence and how to leam the location ofunderground pipelines before excavation activities are begun. These findings of violation will be considered prior offenses in any subsequent cnforcemcnt action against ResponCent. Having re'r,ieweC the reccrd and consiCered the assessment criteria, I assess the civil penalty of$12,000 already paid by Respondent.#

320035027_Final Order_03182005.pdf, page 3f' \M \ tr" The Notice did not propose a civil penalty or corrective action for Item 2 in the Notice, failure to include appropriate public officials in the public education program, or for Item 4, failure to maintain records of certain inspections associated with prpe cut-outs. Therefore, these are considered warning items. Respondent is wamed that if it does not take appropriate action to correct these items, enforcement action will be taken if a subsequent inipection reveals a violation. The lerms and conditions of this Final Order are effective on receiot. MAB I R mnr I v 1_\t1_t.l Date Issued istrator#