CPF 32021010NOPV
CPF 32021010NOPV
party submissionOfficial PDF32021010NOPV_Operator Response to Notice_09172021_(20-196685).pdf#
case documentOfficial PDF32021010NOPV_PCP_08202021_(20-196685).pdf#
case documentOfficial PDF32021010NOPV_PCP_08202021_(20-196685)_text.pdf#
32021010NOPV_Closure Letter_11052021_(20-196685)_text.pdf, page 1Official PDFVIA ELECTORNIC MAIL TO: dwerth@calibermidstream.com and cbutero@calibermidstream.com November 5, 2021 Mr. Daniel Werth President & Chief Executive Officer Caliber Midstream Partners, LP 950 17th Ave, Suite 1000 Denver, CO 80202 dwerth@calibermidstream.com Re: CPF 3-2021-010-NOPV Dear Mr. Werth: On October 19, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Caliber Midstream Partners, LP a Final Order in the above-referenced case. This Order included a Civil Penalty assessment in the amount of $19,000. Based upon receipt of Caliber Midstream Partners, LP’s payment in the amount of the civil penalty on November 3, 2021, it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory A. Ochs Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration cc: Ms. Carol Butero, Director of Regulatory Safety and Compliance. Caliber Midstream Partners, LP – cbutero@calibermidstream.com#
32021010NOPV_Final Order_10192021_(20-196685)_text.pdf, page 1Official PDFOctober 19, 2021 VIA ELECTRONIC MAIL TO: dwerth@calibermidstream.com Mr. Daniel Werth President & Chief Executive Officer Caliber Midstream Partners, LP 950 17th Street, Suite 1000 Denver, Colorado 80202 Re: CPF No. 3-2021-010-NOPV Dear Mr. Werth: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $19,000. When the civil penalty has been paid, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Ms. Carol Butero, Director of Regulatory, Safety, and Compliance, Caliber Midstream Partners, LP, cbutero@calibermidstream.com CONFIRMATION OF RECEIPT REQUESTED#
32021010NOPV_Final Order_10192021_(20-196685)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ________________________________________________ In the Matter of ) Caliber Spring Creek LLC, ) CPF No. 3-2021-010-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On August 20, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Caliber Spring Creek LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 194 and proposed a civil penalty of $19,000. Caliber Midstream Partners, LP, on behalf of Respondent, responded to the Notice and did not contest the allegation of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 194.7(b) (Item 1) ─ Respondent failed to operate its facilities in accordance with its response plan. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed a civil penalty amount of $19,000. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $19,000 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be charged if#
32021010NOPV_Final Order_10192021_(20-196685)_text.pdf, page 3CPF No. 3-2021-010-NOPV Page 2 payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. October 19, 2021 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.