{"operation":"document","citation":"CPF 32023026NOPV","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":"2023-09-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446(c)(2), 195.446(c)(3), 195.446(c)(5), 195.446(e)(4), 195.446(h), 195.446(h)(6), 195.446(j)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023026nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023026nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023026nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023026NOPV","body":"Notice of Probable Violation involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulations as 195.446(c)(2),  195.446(c)(3),  195.446(c)(5),  195.446(e)(4),  195.446(h),  195.446(h)(6),  195.446(j)(1). The case was opened on 2023-09-08 and is reported as closed as of 2025-05-30. Proposed civil penalty: $39,100. Assessed civil penalty: $39,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023026NOPV_Closure Letter_05302025_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_05302025_(22-240208).pdf\n\n32023026NOPV_Closure Letter_05302025_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_05302025_(22-240208)_text.pdf\n\n32023026NOPV_Closure Letter_06272024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_06272024_(22-240208).pdf\n\n32023026NOPV_Closure Letter_06272024_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_06272024_(22-240208)_text.pdf\n\n32023026NOPV_Consent Agreement and Order_05212024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Consent%20Agreement%20and%20Order_05212024_(22-240208).pdf\n\n32023026NOPV_Consent Agreement and Order_05212024_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Consent%20Agreement%20and%20Order_05212024_(22-240208)_text.pdf\n\n32023026NOPV_Operator RtN andRfH Request Inf Conf_12082023_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Operator%20RtN%20andRfH%20Request%20Inf%20Conf_12082023_(22-240208).pdf\n\n32023026NOPV_Operator Withdrawal of Hearing Request_05212024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_05212024_(22-240208).pdf\n\n32023026NOPV_PCP PCO_09082023_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PCP%20PCO_09082023_(22-240208).pdf\n\n32023026NOPV_PCP PCO_09082023_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PCP%20PCO_09082023_(22-240208)_text.pdf\n\n32023026NOPV_PHC Hearing Scheduled_01122024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PHC%20Hearing%20Scheduled_01122024_(22-240208).pdf\n\n32023026NOPV_PHC Hearing Scheduled_01122024_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PHC%20Hearing%20Scheduled_01122024_(22-240208)_text.pdf\n\n32023026NOPV_Region Requests Compliance Reopen Case_11202024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Region%20Requests%20Compliance%20Reopen%20Case_11202024_(22-240208).pdf\n\n32023026NOPV_Region Requests Compliance Reopen Case_11202024_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Region%20Requests%20Compliance%20Reopen%20Case_11202024_(22-240208)_text.pdf\n\n32023026NOPV_Closure Letter_06272024_(22-240208)_text.pdf\n\nVIA ELECTRONIC MAIL TO: pierce.norton@oneok.com; joe.butler@oneok.com;\nJason.smith@oneok.com\nJune 27, 2024\nPierce H. Norton II\nPresident and Chief Executive Officer\nONEOK, Inc.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nRE: CPF 3-2023-026-NOPV\nDear: Mr. Milford:\nOn May 21, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Magellan Midstream Partners, L.P. a subsidiary of ONEOK, Inc. (ONEOK), a Consent Order,\nincorporating the terms of the Consent Agreement between the parties, and a Proposed Civil\nPenalty. Based on our review of the documentation provided by your staff and confirmation of\npayment of the civil penalty on May 30, 2024, it has been determined that ONEOK has complied\nwith the terms of this Consent 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: Mr. Joe Butler, Director, Operations Control, ONEOK, joe.butler@oneok.com\nMr. Jason Smith, V.P. Asset Integrity, ONEOK, Jason.smith@oneok.com\n\n32023026NOPV_PHC Hearing Scheduled_01122024_(22-240208)_text.pdf\n\nJanuary 12, 2024\nVIA ELECTRONIC MAIL TO: mark.materna@magellanlp.com and gregory.ochs@dot.gov\nMr. Mark Materna\nDirector, Pipeline Integrity\nMagellan Pipeline, LLC\nOne Williams Center\nP.O. Box 22186\nTulsa, OK 74172\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 Pipeline, LLC\nCPF No. 3-2023-026-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 July 24th, 2024, 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) 329-\n3800.\nAt least 10 calendar days prior to the hearing (or by July 15th, 2024), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and the name and\nemail address of each attendee. This information should be provided electronically. Materials not\nsubmitted by this date may be excluded. If you have any questions, please do not hesitate to contact\nme.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Aaron Milford, President and Chief Executive Officer, Magellan Pipeline, LLC,\naaron.milford@magellanlp.com\nMr. Ryan McClure, Counsel, Central Region, Office of Pipeline Safety,\nryan.mcclure@dot.gov\n\n32023026NOPV_Consent Agreement and Order_05212024_(22-240208)_text.pdf\n\nMay 21, 2024\nVIA ELECTRONIC MAIL TO: pierce.norton@oneok.com\nPierce H. Norton II\nPresident and Chief Executive Officer\nONEOK, Inc.\n100 West Fifth Street\nTulsa, Oklahoma 74103\nCPF No. 3-2023-026-NOPV\nDear Mr. Norton:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Magellan\nMidstream Partners, L.P., a subsidiary of ONEOK, Inc., which was executed on May 14, 2024.\nService of the Consent Order and Consent Agreement by electronic mail is deemed effective\nupon the date of transmission and acknowledgement of receipt, or as otherwise provided under\n49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Order and Consent Agreement\ncc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety\nMr. Joe Butler, Director, Operations Control, ONEOK, joe.butler@oneok.com\nMr. Jason Smith, Vice President, Asset Integrity, ONEOK, jason.smith@oneok.com\n\n\n\nMr. Charles Misak, Director, Integrated Operations Services, ONEOK,\ncharles.misak@oneok.com\nMr. Danny Scroggins, Senior Attorney, ONEOK, danny.scroggins@oneok.com\nMr. Mark Materna, Director, Pipeline Integrity, ONEOK, mark.materna@oneok.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, L.P., ) CPF No. 3-2023-026-NOPV\na subsidiary of ONEOK, Inc., )\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated September 8, 2023, 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, L.P.\n(Magellan or Respondent). On September 25, 2023, Magellan was acquired by ONEOK, Inc.\nIn response to the Notice, Respondent contested the allegations of violation, and proposed\ncompliance order terms for Items 2 and 3, and requested a modification to the proposed\ncompliance order terms for Item 6. Magellan requested a hearing and the opportunity to meet\ninformally with PHMSA to discuss Items 2 and 3 in the Notice. Respondent and PHMSA (the\nParties) subsequently met to discuss the issues raised in the Response. As a result of those\ndiscussions, as explained in more detail below, the Parties have agreed to a Consent Agreement\nby which PHMSA makes findings of violation for Items 1 and 6, assesses a civil penalty of\n$39,100, changes Items 2 and 3 to Notice of Amendment items, and sets out certain corrective\nactions that Magellan will complete.\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, or in referral to the Attorney General for appropriate relief in a district court of\nthe United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMay 21, 2024\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____________________________________\n)\nIn the Matter of )\n)\nMAGELLAN MIDSTREAM )\nPARTNERS, LP ) CPF No. 3-2023-026-NOPV\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom June 27 to August 25, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), conducted an on-site inspection of Magellan Midstream Partners LP’s\n(Magellan or Respondent) Control Room Management (CRM) procedures and records in Tulsa,\nOklahoma, by video conference. On September 25, 2023, Magellan was acquired by ONEOK, Inc.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated September 8, 2023, a Notice of Probable Violation, Proposed Compliance Order,\nand Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Magellan committed violations of seven provisions of 49 C.F.R. part 195, proposed\nordering Respondent to take certain measures to correct the alleged violations, and proposed a civil\npenalty of $39,100. Items 4, 5, and 7 were brought as warning items, advising the operator to\ncorrect the probable violation or face potential future enforcement action.\nMagellan responded to the Notice by letter dated December 8, 2023 (Response). Magellan\ncontested the allegations of violation and the proposed compliance order for Items 2 and 3 and\nrequested a modification to the proposed compliance order for Item 6. Magellan requested an\ninformal meeting with PHMSA to discuss both Items 2 and 3 and requested a hearing on these\nItems. Magellan did not contest Items 1, 4, 5, and 7.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. Magellan provided additional, supplemental information related to the contested Items\nby email on January 19, 2024, February 9, 2024, and March 11, 2024. As a result of those\ndiscussions and as explained in more detail below, the Parties have agreed to a Consent Agreement\nby which PHMSA makes findings of violations for Items 1 and 6, assesses a civil penalty of\n$39,100, withdraws the allegations of violation for Items 2 and 3 and finds them to be more\nappropriate for resolution by a Notice of Amendment, and sets out certain corrective actions that\n\n\n\nMagellan will complete.\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 environment,\npursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent and agreement,\nthe 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., and\nthe 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 that\nthe Associate Administrator adopt the terms of this Agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute\nan offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate\nAdministrator 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 hearing\nregarding 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. The\nParties acknowledge that there are no representations, agreements or understandings relating to\nsettlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\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, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's\n\n\n\nright of access, entry, inspection, and information gathering or PHMSA's authority to bring\nenforcement 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 permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations. Respondent\nremains responsible for achieving and maintaining compliance with all applicable Federal, State,\nand 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 violation\nof any other federal law or regulation and may not be used in any civil proceeding of any kind as\nevidence or proof of any fact, fault, or liability, or as evidence of a violation of any law, rule,\nregulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or\nin future PHMSA enforcement actions.\nII. Findings of Violation:\n11. Item 1- 49 C.F.R. § 195.446(c)(2): The Notice alleged that Magellan’s point-to-\npoint records were not adequate to demonstrate thoroughness of the verification process between\nSCADA displays and related field equipment. Specifically, the Notice alleged that Magellan failed\nto provide documentation to support verification of the alarms presenting at the right set point,\nwith the correct priority, color and alarm description in the alarm log as well as appropriately on\nsubsequent SCADA screens and that there was no indication that the test was completed live or\nsimulated. Respondent does not contest the allegation of violation as alleged in the Notice. As\nsuch, PHMSA finds a violation of 49 C.F.R. § 195.446(c)(2).\n12. Item 6- 49 C.F.R. § 195.446(h)(6): The Notice alleged that Magellan failed to\ninclude in its procedures team training and exercises that included both controllers and other\nindividuals, defined by the operator, who would reasonably be expected to operationally\ncollaborate with controllers (control room personnel) during normal, abnormal or emergency\nsituations. Specifically, the Notice alleged that Magellan’s procedures did not require for the three\noperational modes (normal, abnormal, emergency) inclusion of any type of soft skills training; that\nteam trainings and exercises did not include both controllers and those who would be expected to\n\n\n\ncollaborate with controllers; that Magellan’s emergency type response drills were inadequate to\nsuffice as team training; and that Magellan’s procedures did not define who is responsible for\ndeveloping and conducting team training and how to engage the \"others\" with controllers.\nRespondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA\nfinds a violation of 49 C.F.R. § 195.446(h)(6).\nIII. Warning Items:\n13. Item 4- 49 C.F.R. § 195.446(e)(4): The Notice alleged that Magellan’s records for\nthe annual review of the Alarm Management Plan to determine effectiveness was not adequate to\ndemonstrate compliance. Specifically, the Notice alleged that Magellan’s documentation did not\nshow what was considered and included in the review of the Alarm Management Plan to determine\nits effectiveness and that the records provided did not show the review’s findings or follow-up\nactions, if any, to improve the effectiveness of the plan. This Item was brought as a Warning Item\nand does not constitute a finding of violation. Respondent accepts the warning as alleged in the\nNotice.\n14. Item 5- 49 C.F.R. § 195.446(h): The Notice alleged that Magellan’s training\ncontent review results and modifications failed to demonstrate an adequate review of the training\nprogram content to identify potential improvements at least once each calendar year, but at\nintervals not to exceed 15 months. Specifically, the Notice alleged that Magellan recommended\nNational Center for Construction Education and Research (NCCER) booklets be eliminated as a\ntraining content and an Authorization for Expenditure (AFE) to expand the simulator capabilities\nhowever, Magellan had no records documenting how these decisions were reached. This Item was\nbrought as a Warning Item and does not constitute a finding of violation. Respondent accepts the\nwarning as alleged in the Notice.\n15. Item 7- 49 C.F.R. § 195.446(j)(1): The Notice alleged that Magellan did not\nprovide records adequate to demonstrate compliance for verification of correct safety related alarm\nset points and alarm descriptors when associated field instruments are calibrated or changed and\nat least once each calendar year, but at intervals not to exceed 15 months. Specifically, the Notice\nalleged the Magellan’s records from 2019, 2020, and 2021 did not show what alarms were\nreviewed, or which notations of identified deficiencies and corrections were completed, as required\nby the SCADA and Operations Control Supervisor in SIP 9.02-ADM-084, Revision 5, dated\nJanuary 01, 2021, section 2.2 and 2.3. This Item was brought as a Warning Item and does not\nconstitute a finding of violation. Respondent accepts the warning as alleged in the Notice.\nIV. Items 2 and 3:\n16. Item 2- 49 C.F.R. § 195.446(c)(3): With respect to Item 2 of the Notice, the Parties\nagree that the nature of the alleged violation, asserting that Magellan’s internal communication\nplan for safe manual operation was not adequate to demonstrate compliance, is more appropriate\nfor resolution by a Notice of Amendment (NOA). The Parties agreed during the informal\ndiscussion that Item 2 will be changed to an NOA item provided that Magellan (1) submits a model\nprocedure of one segment/console for PHMSA’s review and (2) tests and verifies that model\nprocedure on the relevant segment/console within one year of the Effective Date of this\n\n\n\nAgreement. Because this Item will be changed to an NOA, it will not constitute a finding of\nviolation for any purpose.\n17. Item 3- 49 C.F.R. § 195.446(c)(5): With respect to Item 3 of the Notice, the Parties\nagree that the nature of the alleged violation, asserting that Magellan’s procedure failed to include\nSection 5 of API RP 1168 to establish a procedure for when a different controller assumes\nresponsibility including the content of information to be exchanged, is more appropriate for\nresolution by an NOA. The Parties agreed during the informal discussion that Item 3 will be\nchanged to an NOA item. Following the informal discussion between the Parties, Magellan\nprovided a revised copy of the relevant procedures which are adequate to demonstrate compliance.\nAs such, no further action is required.\nV. Civil Penalty:\n18. Item 6: The Notice proposed assessing a civil penalty in the amount of $39,100.\nRespondent did not contest the proposed civil penalty for this Item. As such, Respondent shall pay\na civil penalty in the amount of $39,100 for Item 6.\n19. Respondent shall pay a civil penalty in the amount of $39,100, pursuant to the\npayment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from the\nEffective Date of this Agreement.\nVI. Compliance Order:\n20. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order.\nFollowing the informal discussion, and review of Magellan’s submitted revised procedures,\nMagellan completed the terms of the Proposed Compliance Order. As such, no further action is\nrequired.\n21. Item 6: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent requested a modification to the timeline for\ncompliance for this Proposed Compliance Order. The Region finds the extended timeline for\ncompliance appropriate. As such, Respondent agrees to perform the following corrective\nmeasures:\nB. In regard to Item 6 of the Notice pertaining to Magellan failing to not include team\ntraining and exercises that included both controllers and other individuals, defined\nby the operator, who would reasonably be expected to operationally collaborate\nwith controllers (control room personnel) during normal, abnormal or emergency\nsituations, Magellan must modify it procedures to include team trainings and\nexercises that include both controllers and those who would be expected to\ncollaborate with controllers, i.e., “others.” The procedure must include the topics\nto be covered during the training sessions. Magellan must also modify its\nprocedures to include training for all modes of operation (normal, abnormal and\nemergency) as well as some soft skills. The operator must then complete the team\n\n\n\ntraining for all “others” and controllers and provide documentation by December\n31, 2024.\n1\nVII. Enforcement:\n22. 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\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. All work plans and\nassociated schedules set forth or referenced in Section VI are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVIII. Review and Approval Process:\n23. With respect to any submission under Section VI (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all actions\nas approved by the Director, subject to Respondent’s right to invoke the dispute resolution\nprocedures with respect to any conditions the Director identifies. If the Director disapproves all or\nany portion of the submission, the Director will provide Respondent a written notice of the\ndeficiencies. Respondent will correct all deficiencies within the time specified by the Director and\nresubmit it for approval.\nIX. Dispute Resolution:\n24. The Director and Respondent will informally attempt to resolve any disputes arising\nunder this Agreement, including any decision of the Director under the terms of Section VI,\nCompliance Order. If Respondent and the Director are unable to informally resolve the dispute\nwithin 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may\nsubmit a written request for a determination resolving the dispute from the Associate Administrator\nfor Pipeline Safety, PHMSA. Such request must be made in writing and provided to the Director,\ncounsel for the Central Region, and to the Associate Administrator for Pipeline Safety, no later\nthan 10 calendar days from the 15-day deadline for informal resolution referenced in this\nparagraph. Along with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a dispute\nand PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any term\nor timeframe for completion of any work to be performed under this Agreement during the\npendency of the dispute resolution process.\n1 This Proposed Compliance Order term was originally term D in the Notice.\n\n\n\nX. Effective Date:\n25. 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.\nXI. Recordkeeping and Information Disclosure:\n26. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at least\nfive (5) years following completion of all work to be performed. For any reports, plans, or other\ndeliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may\nassert 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 mark\nthe claim of confidentiality in writing on each page and include a statement specifying the grounds\nfor each claim of confidentially. PHMSA determines release of any information submitted\npursuant to this Agreement in accordance with 49 C.F.R. part 7, the Freedom of Information Act,\n5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nXII. Modification:\n27. 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.\nXIII. Termination:\n28. This Agreement will remain in effect until the Compliance Order in Section VI is\nsatisfied, as determined by the Director, and payment of the Civil Penalty in Section V is made.\nThe Agreement 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.\nXIV. Ratification:\n29. 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.\n30. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\nFor MAGELLAN MIDSTREAM PARTNERS, LP:\n\n\n\n________________________________________\nJoe Butler, Director, Operations Control\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Central Region, Office of Pipeline Safety\n________________________\nDate\n\n32023026NOPV_Closure Letter_05302025_(22-240208)_text.pdf\n\nVIA ELECTRONIC MAIL TO: randy.lentz@oneok.com; jamie.hoskin@oneok.com;\ncharles.misak@oneok.com\nMay 30, 2025\nMr. Randy Lentz\nEVP, Chief Operating Officer\nMagellan Pipeline, LLC\n909 Lake Carolyn Parkway, Suite 1600\nIrving, Texas 75039\nRE: CPF 3-2023-026-NOPV\nDear: Mr. Lentz:\nOn May 21, 2024, a Consent Order was issued incorporating the terms of the Consent\nAgreement entered into between the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) and Magellan Midstream Partners LP (Magellan) in the above-referenced case. The\nConsent Agreement included a Compliance Order and a Civil Penalty assessment.\nBased on our review of the documentation provided, and confirmation of payment of the civil\npenalty, it has been determined that Magellan has complied with the terms of the Consent\nAgreement and 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,\nDavid Barrett\nActing Director, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":32492}