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

- **operation:** document
- **citation:** CPF 32023005NOPV
- **title:** NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2023-01-25
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.214(b), 195.228(a), 195.234(b)(1).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-32023005nopv.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-32023005nopv.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-32023005nopv
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/32023005NOPV
**body:**

Notice of Probable Violation involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.214(b),  195.228(a),  195.234(b)(1). The case was opened on 2023-01-25 and is reported as closed as of 2024-12-17. Proposed civil penalty: $191,700. Assessed civil penalty: $191,700. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

32023005NOPV_Closure Letter_12172024_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Closure%20Letter_12172024_(22-261675).pdf

32023005NOPV_Closure Letter_12172024_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Closure%20Letter_12172024_(22-261675)_text.pdf

32023005NOPV_Consent Agreement and Order_07252023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Consent%20Agreement%20and%20Order_07252023_(22-261675).pdf

32023005NOPV_Consent Agreement and Order_07252023_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Consent%20Agreement%20and%20Order_07252023_(22-261675)_text.pdf

32023005NOPV_Operator Withdrawal of Hearing Request_07252023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_07252023_(22-261675).pdf

32023005NOPV_PCP PCO_01252023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PCP%20PCO_01252023_(22-261675).pdf

32023005NOPV_PCP PCO_01252023_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PCP%20PCO_01252023_(22-261675)_text.pdf

32023005NOPV_PHC Hearing Scheduled_03132023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PHC%20Hearing%20Scheduled_03132023_(22-261675).pdf

32023005NOPV_PHC Hearing Scheduled_03132023_(22-261675)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV_PHC%20Hearing%20Scheduled_03132023_(22-261675)_text.pdf

32023005NOPV​_Operator Response to Notice and RFH_02242023_(22-261675).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023005NOPV/32023005NOPV%E2%80%8B_Operator%20Response%20to%20Notice%20and%20RFH_02242023_(22-261675).pdf

32023005NOPV_Consent Agreement and Order_07252023_(22-261675)_text.pdf

July 25, 2023
VIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com
Mr. Brad Barron
President and Chief Executive Officer
NuStar Pipeline Operating Partnership, L.P.
19003 IH-10 West
San Antonio, Texas 78257
CPF No. 3-2023-005-NOPV
Dear Mr. Barron:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and NuStar Pipeline
Operating Partnership, L.P., which was executed on July 21, 2023. Service of the Consent Order
and Consent Agreement by electronic mail is deemed effective upon the date of transmission and
acknowledgement of receipt, or as otherwise 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
Enclosure: Consent Order and Consent Agreement
cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA
Mr. Gary Koegeboehn, Vice President, Pipeline Operations, NuStar,
gary.koegeboehn@nustarenergy.com
Mr. Chris Rulon, Vice President and Assistant General Counsel, NuStar,
chris.rulon@nustarenergy.com
Ms. Catherine Little, Counsel for Nustar, Bracewell LLP, catherine.little@bracewell.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________________
In the Matter of )
NuStar Pipeline Operating Partnership, LP., ) CPF No. 3-2023-005-NOPV
)
)
)
Respondent. )
__________________________________________)
CONSENT ORDER
By letter dated January 25, 2023, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed
Civil Penalty, and Proposed Compliance Order (Notice) to NuStar Pipeline Operating
Partnership, L.P. (NuStar or Respondent).
In response to the Notice, NuStar requested to meet informally with PHMSA to discuss
clarification and modification of the Proposed Compliance Order (PCO) requirements
(Response). Respondent also requested a hearing to preserve its rights with regard to the same.
NuStar and PHMSA (the Parties) subsequently met to discuss the issues raised in the Response.
As a result of those discussions, as explained in more detail below, the Parties have agreed to a
Consent Agreement which clarifies and modifies the terms of the PCO.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. NuStar is hereby ordered to comply with the terms of the Consent Agreement
pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent
Order may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49
C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of
the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 C.F.R. § 190.5.
July 25, 2023
__________________________ ______________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________________
In the Matter of )
NuStar Pipeline Operating Partnership, L.P., ) CPF No. 3-2023-005-NOPV
)
)
)
Respondent. )
__________________________________________)
CONSENT AGREEMENT
NuStar Pipeline Operating Partnership, L.P. (NuStar or Respondent) operates an anhydrous
ammonia pipeline system consisting of approximately 2,000 miles of mainline and lateral pipe
with diameters ranging from three to ten inches. The system transports anhydrous ammonia
through Louisiana, Arkansas, Missouri, Illinois, Indiana, Iowa, and Nebraska. From September
12 through September 16, 2022, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49
United States Code (U.S.C.), reviewed records and inspected pipe excavations at three locations
on the NuStar’s anhydrous ammonia system, Cabot to Franklin line segment, in Arkansas. The
review and inspection were conducted in coordination with NuStar, which, after being informed
by PHMSA of potential issues with a former employee, was in the process of voluntarily
excavating and re-evaluating sleeves to verify their integrity.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated January 25, 2023, a Notice of Probable Violation, Proposed Compliance Order,
and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that NuStar committed violations of three provisions of 49 C.F.R. Part 195
(Items 1, 2, and 3), proposed ordering Respondent to take certain measures to correct the alleged
violations, and proposed a civil penalty of $191,700. Prior to and after receiving the Notice,
NuStar has coordinated with and provided records and information to PHMSA, updated its
procedures and processes, retrained work crews and continued to excavate, re-evaluate and,
where necessary, repair issues identified by the Notice.
NuStar responded to the Notice by letter dated February 24, 2023 (Response), requesting a
hearing and to meet informally with PHMSA to discuss clarification and modification of the
Proposed Compliance Order (PCO) requirements to avoid the need for a hearing. NuStar stated
it accepted the allegations and proposed civil penalties associated with Notice Items 1, 2, and 3.
PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the



Response. As a result of those discussions and as explained in more detail below, the Parties
agreed to clarification and modification of the PCO requirements.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the
environment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent
and agreement, the Parties hereby agree as follows:
I. General Provisions:
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent
acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the
Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,
and the regulations and orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Agreement by issuing an administrative
order (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement
constitute an offer of settlement until accepted by the Associate Administrator. Once accepted,
the Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except for the Dispute Resolution
provisions set forth herein. Respondent agrees to promptly withdraw its request for an
administrative hearing regarding the Notice upon receipt of the signed Agreement.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent’s officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete, and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements or understandings relating
to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,



et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to
bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective
transferee at least 30 days prior to such transfer. Respondent will provide written notice of the
transfer to the Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
Respondent remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as set forth herein, this Agreement does not constitute a finding of
violation of any other federal law or regulation and may not be used in any civil proceeding of
any kind as evidence or proof of any fact, fault, or liability, or as evidence of a violation of any
law, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this
Agreement or in future PHMSA enforcement actions.
II. Findings of Violation:
11. Item 1 - 49 C.F.R. § 195.214(b): The Notice alleged that NuStar’s qualified
contract welder did not follow welding procedures when he welded a sleeve on the pipeline at an
anomaly dig at Mile Post 10.28 on the Cabot to Franklin line segment in Arkansas. Respondent
did not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a
violation of 49 C.F.R. § 195.214(b).
12. Item 2 - 49 C.F.R. § 195.228: The Notice alleged that NuStar’s company
inspector did not adequately visually inspect the fillet and longitudinal welds on certain repair
sleeves installed during anomaly investigation digs beginning in 2020 as required by NuStar’s
welding manual and API 1104. Respondent did not contest the allegation of violation as alleged
in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 195.228.
13. Item 3 - 49 C.F.R. § 195.234(b)(1): The Notice alleged that NuStar’s company
inspector, despite indicating that magnetic particle testing was completed on required
documentation, did not adequately non-destructively test the fillet and longitudinal welds on



certain repair sleeves in accordance with NuStar’s written set of procedures. Respondent did not
contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of
49 C.F.R. § 195.234(b)(1).
14. Items 1, 2, and 3, will be considered by PHMSA as prior offenses in any future
PHMSA enforcement action taken against Respondent for the five (5)-year period following the
Effective Date of this Agreement.
III. Civil Penalty:
15. Items 1, 2, and 3: The Notice proposed assessing a civil penalty in the amount of
$63,900 for Item 1, $63,900 for Item 2, and $63,900 for Item 3. Respondent did not contest the
proposed civil penalties for these Items. As such, Respondent shall pay a civil penalty in the
amount of $63,900 for Item 1, $63,900 for Item 2, and $63,900 for Item 3.
16. Respondent shall pay a total civil penalty in the amount of $191,700, pursuant to
the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from
the Effective Date of this Agreement.
IV. Compliance Order:
17. Items 1, 2, and 3: The Notice proposed certain compliance order actions to
address the non-compliance alleged in the Notice. Respondent requested clarification and
modification of the Proposed Compliance Order (PCO) requirements to specify the scope of
actions required and the standards to be met under the PCO terms. The Parties agreed to certain
clarifications and modifications to the PCO to provide clarity regarding the actions necessary to
ensure proper implementation. As such, Respondent agrees to undertake the following
corrective measures:
A. Action Plan.
1. Respondent must identify (a) all the welds produced by the Welder
identified on Work Order 40951429 from 2017 to 2022 and (b) all the
welds that were evaluated by the Company Inspector identified on Work
Order 40951429 from 2017 to 2022 (collectively, the “Subject Welds”).
This information must be submitted to the Director within 90 days of the
Effective Date of the Consent Agreement.
Within 90 days of the Effective Date of the Consent Agreement,
Respondent must submit to the Director for review and approval the
following:
a. How Respondent determined which of the Subject Welds will be
excavated and re-evaluated, and how Respondent will prioritize
those excavations and re-evaluations; and
2.



3. B. C. b. An approach for verifying that the Subject Welds meet the visual
inspection and non-destructive inspection acceptability
requirements within Section 9 of API 1104 (20th edition, October
2004, including errata/addendum (July 2007) and errata 2 (2008))
(the “Welding Standards”).
Respondent may submit a written request to use a statistical approach (e.g.,
a 95% confidence level) to determine if certain of the Subject Welds meet
the Welding Standards. The PHMSA Central Region Director will review
and approve any such request, if made. If approved, Respondent will only
be required to demonstrate compliance with the approved statistical
approach to satisfy compliance with I.A.2.(b) for the population specified.
Monthly Report. Respondent will provide the Director with a schedule by the
20th of every month, which includes a list of the projected locations that are
targeted for excavation and re-evaluation during the upcoming month(s).
Quarterly Report. Respondent will provide the Director with a quarterly update
on the number of Subject Welds that were excavated and evaluated, relevant
findings, and the remediation performed. The report may include an update on
Respondent’s progress toward developing a statistical approach as referenced in
Item I.A.3. above. The first report shall be due on October 1, 2023.
Completion Date. All re-evaluations and excavations, as appropriate, must be
completed by December 31, 2024.
Extensions of Time. To the extent that Respondent is unable to meet any of the
specified deadlines, including completion of the required evaluations and any
necessary remediations by December 31, 2024, Respondent must submit a written
request and explanation for an extension at least 30 days prior to the deadline. The
Director will review and approve any reasonable requests for extensions.
V. Enforcement:
18. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $239,142 per violation for each day the violation continues and
referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that
Respondent is not complying with the terms of this Agreement in accordance with the
determinations made by the Director, or in accordance with decisions of the Associate
Administrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil
penalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans,
action plans, and associated schedules set forth or referenced in Section IV are automatically
incorporated into this Agreement and are enforceable in the same manner.
D. E.



VI. Review and Approval Process:
19. With respect to any submission under Section IV (Compliance Order) of this
Agreement that requires the approval of the Director, the Director may: (a) approve, in whole or
in part, the submission; (b) approve the submission on specified, reasonable conditions; (c)
disapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the
Director approves, approves in part, or approves with conditions, Respondent will take all
actions as approved by the Director, subject to Respondent’s right to invoke the dispute
resolution procedures with respect to any conditions the Director identifies. If the Director
disapproves all or any portion of the submission, the Director will provide Respondent a written
notice of the deficiencies. Respondent will correct all deficiencies within the time specified by
the Director and resubmit it for approval.
VII. Dispute Resolution:
20. The Director and Respondent will informally attempt to resolve any disputes
arising under this Agreement, including any decision of the Director under the terms of Sections
IV (Compliance Order) and VI (Review and Approval Process). If Respondent and the Director
are unable to informally resolve the dispute within 15 calendar days after the dispute is first
raised, in writing, to the Director, Respondent may submit a written request for a determination
resolving the dispute from the Associate Administrator for Pipeline Safety, PHMSA. Such
request must be made in writing and provided to the Director, counsel for the Central Region,
and to the Associate Administrator for Pipeline Safety, no later than 10 calendar days after the
15-day deadline for informal resolution referenced in this paragraph. Along with its request,
Respondent must provide the Associate Administrator with all information Respondent believes
is relevant to the dispute. Decisions of the Associate Administrator under this paragraph will
constitute final agency action. The existence of a dispute and PHMSA’s consideration of matters
placed in dispute will not excuse, toll, or suspend any term or timeframe for completion of any
work to be performed under this Agreement during the pendency of the dispute resolution
process.
VIII. Effective Date:
21. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.
IX. Recordkeeping and Information Disclosure:
22. Unless otherwise required in this Agreement, Respondent agrees to maintain
records demonstrating compliance with all requirements of this Agreement for a period of at
least five (5) years following completion of all work to be performed. For any reports, plans, or
other deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent
may assert a claim of business confidentiality or other protections applicable to the release of
information by PHMSA, covering part or all of the information required to be submitted to
PHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must
mark the claim of confidentiality in writing on each page, and include a statement specifying the
grounds for each claim of confidentially. PHMSA determines release of any information



submitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of
Information Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations
and Executive Orders.
X. Modification:
23. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.
XI. Termination:
24. This Agreement will remain in effect until the Compliance Order in Section IV is
satisfied, as determined by the Director. The Agreement shall not terminate until the Director
confirms, in writing, that the Agreement is terminated in accordance with this paragraph.
Nothing in this Agreement prevents Respondent from completing any of the obligations earlier
than the deadlines provided for in this Agreement.
XII. Ratification:
25. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
26. The Parties hereby agree to all findings, conditions, and terms of this Agreement.
[Signature Lines on Following Page]



For NuStar Pipeline Operating Partnership, L.P.:
By NuStar Pipeline Company, LLC; its General Partner
___________________________________
Gerald R. “Gary” Koegeboehn, Vice President
________________________
Date
For PHMSA:
________________________________________
Director, Central Region, Office of Pipeline Safety
________________________
Date

32023005NOPV_PHC Hearing Scheduled_03132023_(22-261675)_text.pdf

March 13, 2023
VIA ELECTRONIC MAIL TO: gary.koegeboehn@nustarenergy.com and
gregory.ochs@dot.gov
Mr. Gary Koegeboehn
Vice President – Pipeline Operations
NuStar Pipeline Operating Partnership, L.P.
19003 IH-10 West
San Antonio, TX 78257
Mr. Gregory Ochs
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
901 Locust Street, Suite 480
Kansas City, MO 64106-2641
Re: Notice of Hearing, NuStar Pipeline Operating Partnership, L.P.
CPF No. 3-2023-005-NOPV
Dear Mr. Koegeboehn and Mr. Ochs:
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 take place on August 2nd, 2023, beginning at 8:30 a.m. Central Time.
The hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480,
Kansas City, Missouri 64106. Upon arrival at the building, attendees will be required to present
photo identification to security personnel. A contact phone number for the day of the hearing is
(816) 329-3800.
At least 10 calendar days prior to the hearing (or by July 24th, 2023), 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
cc: Mr. Brad Barron, President and Chief Executive Officer, NuStar Pipeline Operating
Partnership, L.P., brad.barron@nustarenergy.com
Ms. Catherine Little, Counsel, Bracewell LLP, catherine.little@bracewell.com
Mr. Joseph Hainline, Counsel, Central Region, Office of Pipeline Safety, PHMSA,
joseph.hainline@dot.gov

32023005NOPV_Closure Letter_12172024_(22-261675)_text.pdf

VIA ELECTRONIC MAIL TO: Brad.Barron@nustarenergy.com;
gary.koegeboehn@nustarenergy.com
December 17, 2024
Mr. Karl Fails
President and Chief Executive Officer
NuStar Pipeline Operating Partnership L.P.
19003 IH-10 West
San Antonio, TX 78257
RE: CPF 3-2023-005-NOPV
Dear Mr. Fails:
On July 25, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued
a Consent Order incorporating the terms of the Consent Agreement between the Pipeline and
Hazardous Materials Safety Administration (PHMSA) and NuStar Pipeline Operating
Partnership, L.P.(NuStar) in the above-referenced case. This Order directed NuStar to comply
with the terms of the Consent Agreement. Based on our review of the documentation provided
by your staff and confirmation of payment of the civil penalty, it has been determined that
NuStar has complied with the terms.
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, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Gary Koegeboehn, VP of Pipeline Operations, gary.koegeboehn@nustarenergy.com
- **truncated:** false
- **body characters:** 28037