{"operation":"document","citation":"CPF 32022052NOPV","title":"MAGELLAN PIPELINE COMPANY, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-11-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 194.105(a), 194.105(b)(4), 195.406(b), 195.452(i)(2)(vi), 195.583(a), 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022052nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022052nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022052nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022052NOPV","body":"Notice of Probable Violation involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulations as 194.105(a),  194.105(b)(4),  195.406(b),  195.452(i)(2)(vi),  195.583(a),  195.583(b). The case was opened on 2022-11-10 and is reported as closed as of 2023-09-18. Proposed civil penalty: $122,600. Assessed civil penalty: $53,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022052NOPV_Closure Letter_09182023_(21-207738).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_Closure%20Letter_09182023_(21-207738).pdf\n\n32022052NOPV_Closure Letter_09182023_(21-207738)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_Closure%20Letter_09182023_(21-207738)_text.pdf\n\n32022052NOPV_Consent Agreement and Order_05012023_(21-207738).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_Consent%20Agreement%20and%20Order_05012023_(21-207738).pdf\n\n32022052NOPV_Consent Agreement and Order_05012023_(21-207738)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_Consent%20Agreement%20and%20Order_05012023_(21-207738)_text.pdf\n\n32022052NOPV_Operator Response to Notice_01232023_(21-207738).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_Operator%20Response%20to%20Notice_01232023_(21-207738).pdf\n\n32022052NOPV_Operator Withdrawal of Hearing Request_05012023_(21-207738).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_05012023_(21-207738).pdf\n\n32022052NOPV_PCP PCO_11102022_(21-207738).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_PCP%20PCO_11102022_(21-207738).pdf\n\n32022052NOPV_PCP PCO_11102022_(21-207738)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_PCP%20PCO_11102022_(21-207738)_text.pdf\n\n32022052NOPV_PHC Hearing Scheduled_02092023_(21-207738).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_PHC%20Hearing%20Scheduled_02092023_(21-207738).pdf\n\n32022052NOPV_PHC Hearing Scheduled_02092023_(21-207738)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022052NOPV/32022052NOPV_PHC%20Hearing%20Scheduled_02092023_(21-207738)_text.pdf\n\n32022052NOPV_PHC Hearing Scheduled_02092023_(21-207738)_text.pdf\n\nFebruary 9, 2023\nVIA ELECTRONIC MAIL TO: mark.materna@magellanlp.com and gregory.ochs@dot.gov\nMr. Mark Materna\nDirector, Pipeline Integrity\nMagellan Midstream Partners, LP\nP.O. Box 22186\nTulsa, OK 74172-2186\nMr. Gregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 480\nKansas City, MO 64106-2641\nRe: Notice of Hearing, Magellan Midstream Partners, LP\nCPF No. 3-2022-052-NOPV\nDear Mr. Materna and Mr. Ochs:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the Pipeline\nand Hazardous Materials Safety Administration in the above-referenced case. The hearing will take\nplace on June 14, 2023, beginning at 8:30 a.m. Central Time.\nThe hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480, Kansas\nCity, Missouri 64106. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (816)\n329-3800.\nAt least 10 calendar days prior to the hearing (or by June 5, 2023), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and the name and email\naddress of each attendee. This information should be provided electronically. Materials not submitted\nby this date may be excluded. If you have any questions, please do not hesitate to contact me.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Aaron Milford, Chief Executive Officer, Magellan Midstream Partners, LP,\naaron.milford@magellanlp.com\nMr. Joseph Hainline, Counsel, Central Region, Office of Pipeline Safety,\njoseph.hainline@dot.gov\n\n32022052NOPV_Consent Agreement and Order_05012023_(21-207738)_text.pdf\n\nMay 1, 2023\nVIA ELECTRONIC MAIL TO: aaron.milford@magellanlp.com\nAaron L. Milford\nChief Executive Officer\nMagellan Midstream Partners, LP\nP.O. Box 22186\nTulsa, Oklahoma 74172\nCPF No. 3-2022-052-NOPV\nDear Mr. Milford:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Magellan Midstream\nPartners, LP, which was executed on April 27, 2023. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\ncc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. R. Daniel Scroggins, Senior Attorney, Magellan Midstream Partners, L.P.,\ndanny.scroggins@magellanlp.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nMagellan Midstream Partners, LP, ) CPF No. 3-2022-052-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated November 10, 2022, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Notice) to Magellan Midstream Partners, LP\n(Magellan or Respondent).\nIn response to the Notice, Respondent requested a hearing by letter dated January 23, 2023\n(Response). Magellan contested the underlying violations and proposed compliance order for\nItems 1 and 3, and the proposed civil penalty for Item 2. Respondent did not contest Items 4 and\n5. Magellan also asked for the opportunity to meet informally with PHMSA to discuss these\nissues. Respondent and PHMSA (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions, as explained in more detail below, the Parties have\nagreed to a Consent Agreement in which PHMSA has agreed to:\n• for Item 1 find the violation as alleged and find the proposed compliance order terms are\nsatisfied;\n• for Item 2 find the violation as alleged, assess a reduced civil penalty, and issue a\ncompliance order as proposed;\n• for Item 3 withdraw the Item in its entirety, to include its associated compliance order;\n• for Item 4 find the violation as alleged and assess a civil penalty as proposed; and\n• for Item 5 issue a warning as proposed.\nThe adjusted total civil penalty is $53,500.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Magellan is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49\nC.F.R. § 190.223.\n\n\n\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMay 1, 2023\n___________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nMagellan Midstream Partners, LP, ) CPF No. 3-2022-052-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom March 21 through October 22, 2021, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Magellan Midstream Partners, LP’s (Magellan\nor Respondent) petroleum pipeline facilities in Tulsa and Shinn Pence, Oklahoma, and\nCheyenne, Wyoming. Magellan’s refined product pipeline system is 9,800 miles with 54\nconnected terminals and two marine storage terminals. Its crude oil pipeline system is 2,200\nmiles with a condensate splitter and storage facility capacity of approximately 39 million barrels.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated November 10, 2022, a Notice of Probable Violation, Proposed Compliance Order\nand Proposed Civil Penalty (Notice), which also included a warning pursuant to 49 C.F.R. §\n190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Magellan\ncommitted one violation of 49 C.F.R. part 194 (Item 1) and three violations of 49 C.F.R. part 195\n(Items 2-4), proposed ordering Respondent to take certain measures to correct the alleged\nviolations, and proposed a civil penalty of $122,600. The other probable violation (Item 5) was\nbrought as warning, advising the operator to correct the probable violation or face potential\nfuture enforcement action.\nMagellan responded to the Notice by letter dated January 23, 2023 (Response). The company\ncontested the underlying violations and proposed compliance order for Items 1 and 3, and the\nproposed civil penalty for Item 2. Respondent did not contest Items 4 and 5.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, PHMSA has\nagreed to:\n• for Item 1 find the violation as alleged and find the proposed compliance order terms are\nsatisfied;\n• for Item 2 find the violation as alleged, assess a reduced civil penalty, and issue a\ncompliance order as proposed;\n\n\n\n• for Item 3 withdraw the Item in its entirety, to include its associated compliance order;\n• for Item 4 find the violation as alleged and assess a civil penalty as proposed; and\n• for Item 5 issue a warning as proposed\nThe adjusted total civil penalty is $53,500.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent\nand agreement, the Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein. Respondent agrees to withdraw its request for an administrative\nhearing regarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n\n\n\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\n11. Upon issuance of the Consent Order, the Parties agree to the following terms.\nII. Findings of Violation:\n12. Item 1 – 49 C.F.R. § 194.105(b)(4): The Notice alleged that Magellan failed to\nprovide the methodology, including calculations, it used to arrive at the claimed prevention\ncredits for breakout tank secondary containment and other specific spill prevention measures\nwhen determining the worst-case discharge. Specifically, Respondent, at the time of the\ninspection, only presented the total containment of the diking certified by a third-party\nProfessional Engineer, which did not verify the secondary containment capacity. Following\ninformal discussion, Magellan no longer disputes this allegation of violation. As such, PHMSA\nfinds a violation of 49 C.F.R. § 194.105(b)(4).\n13. Item 2 – 49 C.F.R. § 195.406(b): The Notice alleged that Magellan failed to\nprovide adequate controls and protective equipment to control the operating pressure of the\n\n\n\npipeline system to prevent it from exceeding 110 percent of the maximum operating pressure\n(MOP) established under § 195.406(a) during surges or other variations from normal operations.\nSpecifically, on June 9, 2020, the MPC – Glenpool OK West pipeline was documented to exceed\n400 psig, which exceeded 110 percent of the 275 psig MOP. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. §\n195.406(b).\n14. Item 4 – 49 C.F.R. § 195.583(a): The Notice alleged that Magellan failed to\nmonitor for atmospheric corrosion of onshore pipelines by inspecting each pipeline or portion of\npipeline that was exposed to the atmosphere for evidence of atmospheric corrosion at least once\nevery three calendar years, but with intervals not exceeding 39 months. Specifically, the Rapid\nCity Lateral 6-inch line, Mile Post 186.23 gravitometer location did not receive an atmospheric\ncorrosion inspection in its history, prior to July 15, 2021. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. §\n195.583(a).\n15. Items 1, 2, and 4, will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent for the five (5)-year period following the\nEffective Date of this Agreement.\nIII. Warning Item:\n16. Item 5 – 49 C.F.R. § 195.583(b): The Notice alleged that Magellan failed to give\nparticular attention to pipe under thermal insulation during inspections to monitor for\natmospheric corrosion at three locations. Specifically, the Notice alleged that particular attention\nwas not given to pipe at Strouds Station, Douglas Junction, and Rapid City Station. This Item\nwas brought as a warning Item and does not constitute a finding of violation. Respondent accepts\nthe warning as alleged in the Notice.\n17. For Warning Item 5, if OPS finds a violation of this provision in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nIV. Items Withdrawn:\n18. Item 3 – 49 C.F.R. § 195.452(i)(2)(vi): With respect to Item 3 of the Notice, the\nParties agree that this Item should be withdrawn in its entirety. During informal discussion,\nRespondent provided evidence showing it considered the roadside ditch alongside the Commerce\nCity to Russellville six-inch pipeline near Mile Post 0.2, which shows that Magellan was not out\nof compliance with the regulation. Because this Item will be withdrawn, it will not constitute a\nfinding of violation for any purpose, and no further action by Respondent is necessary to achieve\ncompliance. As such, the allegation of violation for Item 3 and the proposed compliance order\nassociated with this Item is withdrawn.\nV. Civil Penalty:\n19. Item 2 – 49 C.F.R. § 195.406(b): The Notice proposed assessing a civil penalty in\nthe amount of $103,600 for Item 2. Respondent requested a reduction of the proposed civil\n\n\n\npenalty. After consideration of additional information provided by Respondent, PHMSA agrees\nto reduce the civil penalty. The reduction is based on determination that the violation was not a\nrepeat offense. Respondent agrees to pay a reduced civil penalty in the amount of $34,500 for\nthe violation in Item 2.\n20. Item 4 – 49 C.F.R. § 195.583(a): The Notice proposed assessing a civil penalty in\nthe amount of $19,000 for Item 4. Respondent did not contest the proposed civil penalty for this\nItem. As such, Respondent shall pay a civil penalty in the amount of $19,000 for Item 4.\n21. Respondent shall pay an adjusted civil penalty in the amount of $53,500, pursuant\nto the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days\nfrom the Effective Date of this Agreement.\nVI. Compliance Order:\n22. Item 1 – 49 C.F.R. § 194.105(b)(4): The Notice proposed certain compliance\norder actions to address the non-compliance alleged in the Notice. Since issuance of the Notice,\nMagellan took remedial actions to address the alleged violation. As such, PHMSA finds the\nterms required by the proposed compliance order satisfied. Therefore, it is not necessary to\ninclude the proposed compliance terms in this Consent Agreement.\n23. Item 2 – 49 C.F.R. § 195.406(b): The Notice proposed certain compliance order\nactions to address the non-compliance alleged in the Notice. Respondent did not contest the\nProposed Compliance Order. As such, Respondent agrees to perform the following corrective\nmeasures:\nMagellan Midstream Partners, LP, must provide, within 90 days of receipt\nof the Consent Order, measures to ensure proper pressure controls and protective\nequipment are installed for the entire MPC – Glenpool OK West Station,\nespecially for piping that is not equipped with pressure transmitters or pressure\ngauges to stop future pressure exceedances. Within 60 days of completion of the\nrequired corrective measures, Magellan Midstream Partners, L.P., must submit\ndocumentation of their completion to the Director.\n24. Item 3 – 49 C.F.R. § 195.452(i)(2)(vi): The Notice proposed certain compliance\norder actions to address the non-compliance alleged in the Notice. As discussed above, PHMSA\nhas agreed to withdraw this allegation of violation. As such, PHMSA also withdraws the\nproposed compliance order associated with this Item.\nVII. Enforcement:\n25. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\n\n\n\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.\nVIII. Dispute Resolution:\n26. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Section\nVI. Compliance Order. If Respondent and the Director are unable to informally resolve the\ndispute within 15 calendar days after the dispute is first raised, in writing, to the Director,\nRespondent may submit a written request for a determination resolving the dispute from the\nAssociate Administrator for Pipeline Safety, PHMSA. Such request must be made in writing and\nprovided to the Director, counsel for the Central Region, and to the Associate Administrator for\nPipeline Safety, no later than 10 calendar days from the 15-day deadline for informal resolution\nreferenced in this paragraph. Along with its request, Respondent must provide the Associate\nAdministrator with all information Respondent believes is relevant to the dispute. Decisions of\nthe Associate Administrator under this paragraph will constitute final agency action. The\nexistence of a dispute and PHMSA’s consideration of matters placed in dispute will not excuse,\ntoll, or suspend any term or timeframe for completion of any work to be performed under this\nAgreement during the pendency of the dispute resolution process.\nIX. Effective Date:\n27. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nX. Recordkeeping and Information Disclosure:\n28. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed. For any reports, plans, or\nother deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must\nmark the claim of confidentiality in writing on each page, and include a statement specifying the\ngrounds for each claim of confidentially. PHMSA determines release of any information\nsubmitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nXI. Modification:\n29. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXII. Termination:\n\n\n\n30. This Agreement will remain in effect until the Compliance Order in Section VI. is\nsatisfied, as determined by the Director, and the Civil Penalty in Section V. is paid. The\nAgreement shall not terminate until the Director confirms, in writing, that the Agreement is\nterminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent\nfrom completing any of the obligations earlier than the deadlines provided for in this Agreement.\nXIII. Ratification:\n31. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n32. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Magellan Midstream Partners, LP:\n___________________________________\n________________________\nDate\nFor PHMSA:\n_____________________________________________\nDirector, Central Region, Office of Pipeline Safety\n________________________\nDate\n\n32022052NOPV_Closure Letter_09182023_(21-207738)_text.pdf\n\nVIA ELECTRONIC MAIL TO: aaron.milford@magellanlp.com;\nkatie.mccullough@magellanlp.com; mark.materna@magellanlp.com\nSeptember 18, 2023\nAaron L. Milford\nChief Executive Officer\nMagellan Midstream Partners, LP\nP.O. Box 22186\nTulsa, Oklahoma 74172\nRE: CPF 3-2022-052-NOPV\nDear Mr. Milford:\nOn May 1, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Magellan Pipeline Company, LP (Magellan) a Consent Order in the above-referenced case.\nThis Order included a Compliance Order and Civil Penalty assessment. Based on our review of\nthe documentation provided and confirmation of payment of the civil penalty, it has been\ndetermined that Magellan has complied with the terms of the Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Mark Materna, Director, Pipeline Integrity, mark.materna@magellanlp.com\nKatie McCullough, P.E. Manager, Integrity Management and Regulatory Compliance,\nKatie.McCullough@MagellanLP.com\nJason Smith, Vice President, Asset Integrity, Jason.Smith@magellanlp.com","truncated":false,"body_characters":27816}