CENEX PIPELINE LLC — Notice of Probable Violation

case documentOfficial PDFCPF_3-2005-5002.pdf#

320055002_Final Order_09012006.pdf, page 1Official PDFU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 400 Seventh Street, S.W. Washington, D.C. 20590 SEP - 1 2006 Mr. Dan Knepper Vice President, Energy Operations Cenex Pipeline, LLC 803 Highway 2 12 South Laurel, MT 59044-0909 RE: CPF NO. 3-2005-5002 Dear Mr. Knepper: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation and acknowledges your completion of the proposed compliance order items to comply with the pipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Sincerely, ~ & e s Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure cc: Ivan A. Huntoon Director, Central Region, PHP-300 CERTIFIED MAIL -RETURN RECEIPT REQUESTED#

320055002_Final Order_09012006.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 In the Matter of Cenex Pipeline, LLC, Respondent ) ) ) CPF NO. 3-2005-5002 FINAL ORDER Between August 30 and October 2 1,2004, pursuant to 49 U.S.C. 8 60 1 17, a representative of the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's pipeline facilities in North Dakota and records in Laurel, Montana. As a result of the inspection, the Director, Central Region, OPS, issued to Respondent, by letter dated January 18,2005, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 8 190.207, the Notice proposed finding that Respondent violated 49 C.F.R. 5 195.404(a) and proposed ordering Respondent to take certain measures to correct the alleged violation. Respondent failed to respond to the Notice within 30 days after it received the Notice. Respondent responded to the Notice by letter dated April 8,2005 (Response). Respondent did not contest the allegation of violation, informed OPS that it had revised its maps in accordance with the Proposed Compliance Order, and submitted copies of its revised maps. FINDING OF VIOLATION Respondent did not contest the alleged violation in the Notice. Pursuant to 49 C.F.R. $8 190.213 and 190.21 7, I find that Respondent violated 49 C.F.R. 8 195.404(a) by failing to maintain current maps of its pipeline system as more fully described in the Notice. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent.#

320055002_Final Order_09012006.pdf, page 3COMPLIANCE ORDER Under 49 U.S.C. § 601 18(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under chapter 60 1. The Regional Director has indicated that Respondent has submitted copies of the revised maps in accordance with the Proposed Compliance Order. Since compliance has been achieved with respect to this violation, it is unnecessary to include compliance terms in this Order. The terms and conditions of this Final Order are effective on receipt. SEP - 1 2006 yv,3+-T e dor L. Wi lke Date Issued g Associate Administrator Pipeline Safety#