# MAGELLAN PIPELINE COMPANY, LP — Notice of Probable Violation

- **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:** Not available
- **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).
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- **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.

Official case documents:

32023026NOPV_Closure Letter_05302025_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_05302025_(22-240208).pdf

32023026NOPV_Closure Letter_05302025_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_05302025_(22-240208)_text.pdf

32023026NOPV_Closure Letter_06272024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_06272024_(22-240208).pdf

32023026NOPV_Closure Letter_06272024_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_Closure%20Letter_06272024_(22-240208)_text.pdf

32023026NOPV_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

32023026NOPV_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

32023026NOPV_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

32023026NOPV_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

32023026NOPV_PCP PCO_09082023_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PCP%20PCO_09082023_(22-240208).pdf

32023026NOPV_PCP PCO_09082023_(22-240208)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PCP%20PCO_09082023_(22-240208)_text.pdf

32023026NOPV_PHC Hearing Scheduled_01122024_(22-240208).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023026NOPV/32023026NOPV_PHC%20Hearing%20Scheduled_01122024_(22-240208).pdf

32023026NOPV_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

32023026NOPV_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

32023026NOPV_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

32023026NOPV_Closure Letter_06272024_(22-240208)_text.pdf

VIA ELECTRONIC MAIL TO: pierce.norton@oneok.com; joe.butler@oneok.com;
Jason.smith@oneok.com
June 27, 2024
Pierce H. Norton II
President and Chief Executive Officer
ONEOK, Inc.
100 West Fifth Street
Tulsa, Oklahoma 74103
RE: CPF 3-2023-026-NOPV
Dear: Mr. Milford:
On May 21, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued
to Magellan Midstream Partners, L.P. a subsidiary of ONEOK, Inc. (ONEOK), a Consent Order,
incorporating the terms of the Consent Agreement between the parties, and a Proposed Civil
Penalty. Based on our review of the documentation provided by your staff and confirmation of
payment of the civil penalty on May 30, 2024, it has been determined that ONEOK has complied
with the terms of this Consent 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, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Mr. Joe Butler, Director, Operations Control, ONEOK, joe.butler@oneok.com
Mr. Jason Smith, V.P. Asset Integrity, ONEOK, Jason.smith@oneok.com

32023026NOPV_PHC Hearing Scheduled_01122024_(22-240208)_text.pdf

January 12, 2024
VIA ELECTRONIC MAIL TO: mark.materna@magellanlp.com and gregory.ochs@dot.gov
Mr. Mark Materna
Director, Pipeline Integrity
Magellan Pipeline, LLC
One Williams Center
P.O. Box 22186
Tulsa, OK 74172
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, Magellan Pipeline, LLC
CPF No. 3-2023-026-NOPV
Dear Mr. Materna 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 July 24th, 2024, 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 15th, 2024), 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. Aaron Milford, President and Chief Executive Officer, Magellan Pipeline, LLC,
aaron.milford@magellanlp.com
Mr. Ryan McClure, Counsel, Central Region, Office of Pipeline Safety,
ryan.mcclure@dot.gov

32023026NOPV_Consent Agreement and Order_05212024_(22-240208)_text.pdf

May 21, 2024
VIA ELECTRONIC MAIL TO: pierce.norton@oneok.com
Pierce H. Norton II
President and Chief Executive Officer
ONEOK, Inc.
100 West Fifth Street
Tulsa, Oklahoma 74103
CPF No. 3-2023-026-NOPV
Dear Mr. Norton:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement
between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Magellan
Midstream Partners, L.P., a subsidiary of ONEOK, Inc., which was executed on May 14, 2024.
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
Enclosures: Consent Order and Consent Agreement
cc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety
Mr. Joe Butler, Director, Operations Control, ONEOK, joe.butler@oneok.com
Mr. Jason Smith, Vice President, Asset Integrity, ONEOK, jason.smith@oneok.com



Mr. Charles Misak, Director, Integrated Operations Services, ONEOK,
charles.misak@oneok.com
Mr. Danny Scroggins, Senior Attorney, ONEOK, danny.scroggins@oneok.com
Mr. Mark Materna, Director, Pipeline Integrity, ONEOK, mark.materna@oneok.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 )
Magellan Midstream Partners, L.P., ) CPF No. 3-2023-026-NOPV
a subsidiary of ONEOK, Inc., )
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated September 8, 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 Magellan Midstream Partners, L.P.
(Magellan or Respondent). On September 25, 2023, Magellan was acquired by ONEOK, Inc.
In response to the Notice, Respondent contested the allegations of violation, and proposed
compliance order terms for Items 2 and 3, and requested a modification to the proposed
compliance order terms for Item 6. Magellan requested a hearing and the opportunity to meet
informally with PHMSA to discuss Items 2 and 3 in the Notice. Respondent 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
by which PHMSA makes findings of violation for Items 1 and 6, assesses a civil penalty of
$39,100, changes Items 2 and 3 to Notice of Amendment items, and sets out certain corrective
actions that Magellan will complete.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. Magellan 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.
May 21, 2024
___________________________________ __________________________
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 )
)
MAGELLAN MIDSTREAM )
PARTNERS, LP ) CPF No. 3-2023-026-NOPV
)
Respondent. )
____________________________________)
CONSENT AGREEMENT
From June 27 to August 25, 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.), conducted an on-site inspection of Magellan Midstream Partners LP’s
(Magellan or Respondent) Control Room Management (CRM) procedures and records in Tulsa,
Oklahoma, by video conference. On September 25, 2023, Magellan was acquired by ONEOK, Inc.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated September 8, 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 Magellan committed violations of seven provisions of 49 C.F.R. part 195, proposed
ordering Respondent to take certain measures to correct the alleged violations, and proposed a civil
penalty of $39,100. Items 4, 5, and 7 were brought as warning items, advising the operator to
correct the probable violation or face potential future enforcement action.
Magellan responded to the Notice by letter dated December 8, 2023 (Response). Magellan
contested the allegations of violation and the proposed compliance order for Items 2 and 3 and
requested a modification to the proposed compliance order for Item 6. Magellan requested an
informal meeting with PHMSA to discuss both Items 2 and 3 and requested a hearing on these
Items. Magellan did not contest Items 1, 4, 5, and 7.
PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. Magellan provided additional, supplemental information related to the contested Items
by email on January 19, 2024, February 9, 2024, and March 11, 2024. As a result of those
discussions and as explained in more detail below, the Parties have agreed to a Consent Agreement
by which PHMSA makes findings of violations for Items 1 and 6, assesses a civil penalty of
$39,100, withdraws the allegations of violation for Items 2 and 3 and finds them to be more
appropriate for resolution by a Notice of Amendment, and sets out certain corrective actions that



Magellan will complete.
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 withdraw its request for an administrative hearing
regarding the Notice.
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. § 195.446(c)(2): The Notice alleged that Magellan’s point-to-
point records were not adequate to demonstrate thoroughness of the verification process between
SCADA displays and related field equipment. Specifically, the Notice alleged that Magellan failed
to provide documentation to support verification of the alarms presenting at the right set point,
with the correct priority, color and alarm description in the alarm log as well as appropriately on
subsequent SCADA screens and that there was no indication that the test was completed live or
simulated. Respondent does not contest the allegation of violation as alleged in the Notice. As
such, PHMSA finds a violation of 49 C.F.R. § 195.446(c)(2).
12. Item 6- 49 C.F.R. § 195.446(h)(6): The Notice alleged that Magellan failed to
include in its procedures team training and exercises that included both controllers and other
individuals, defined by the operator, who would reasonably be expected to operationally
collaborate with controllers (control room personnel) during normal, abnormal or emergency
situations. Specifically, the Notice alleged that Magellan’s procedures did not require for the three
operational modes (normal, abnormal, emergency) inclusion of any type of soft skills training; that
team trainings and exercises did not include both controllers and those who would be expected to



collaborate with controllers; that Magellan’s emergency type response drills were inadequate to
suffice as team training; and that Magellan’s procedures did not define who is responsible for
developing and conducting team training and how to engage the "others" with controllers.
Respondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA
finds a violation of 49 C.F.R. § 195.446(h)(6).
III. Warning Items:
13. Item 4- 49 C.F.R. § 195.446(e)(4): The Notice alleged that Magellan’s records for
the annual review of the Alarm Management Plan to determine effectiveness was not adequate to
demonstrate compliance. Specifically, the Notice alleged that Magellan’s documentation did not
show what was considered and included in the review of the Alarm Management Plan to determine
its effectiveness and that the records provided did not show the review’s findings or follow-up
actions, if any, to improve the effectiveness of the plan. This Item was brought as a Warning Item
and does not constitute a finding of violation. Respondent accepts the warning as alleged in the
Notice.
14. Item 5- 49 C.F.R. § 195.446(h): The Notice alleged that Magellan’s training
content review results and modifications failed to demonstrate an adequate review of the training
program content to identify potential improvements at least once each calendar year, but at
intervals not to exceed 15 months. Specifically, the Notice alleged that Magellan recommended
National Center for Construction Education and Research (NCCER) booklets be eliminated as a
training content and an Authorization for Expenditure (AFE) to expand the simulator capabilities
however, Magellan had no records documenting how these decisions were reached. This Item was
brought as a Warning Item and does not constitute a finding of violation. Respondent accepts the
warning as alleged in the Notice.
15. Item 7- 49 C.F.R. § 195.446(j)(1): The Notice alleged that Magellan did not
provide records adequate to demonstrate compliance for verification of correct safety related alarm
set points and alarm descriptors when associated field instruments are calibrated or changed and
at least once each calendar year, but at intervals not to exceed 15 months. Specifically, the Notice
alleged the Magellan’s records from 2019, 2020, and 2021 did not show what alarms were
reviewed, or which notations of identified deficiencies and corrections were completed, as required
by the SCADA and Operations Control Supervisor in SIP 9.02-ADM-084, Revision 5, dated
January 01, 2021, section 2.2 and 2.3. This Item was brought as a Warning Item and does not
constitute a finding of violation. Respondent accepts the warning as alleged in the Notice.
IV. Items 2 and 3:
16. Item 2- 49 C.F.R. § 195.446(c)(3): With respect to Item 2 of the Notice, the Parties
agree that the nature of the alleged violation, asserting that Magellan’s internal communication
plan for safe manual operation was not adequate to demonstrate compliance, is more appropriate
for resolution by a Notice of Amendment (NOA). The Parties agreed during the informal
discussion that Item 2 will be changed to an NOA item provided that Magellan (1) submits a model
procedure of one segment/console for PHMSA’s review and (2) tests and verifies that model
procedure on the relevant segment/console within one year of the Effective Date of this



Agreement. Because this Item will be changed to an NOA, it will not constitute a finding of
violation for any purpose.
17. Item 3- 49 C.F.R. § 195.446(c)(5): With respect to Item 3 of the Notice, the Parties
agree that the nature of the alleged violation, asserting that Magellan’s procedure failed to include
Section 5 of API RP 1168 to establish a procedure for when a different controller assumes
responsibility including the content of information to be exchanged, is more appropriate for
resolution by an NOA. The Parties agreed during the informal discussion that Item 3 will be
changed to an NOA item. Following the informal discussion between the Parties, Magellan
provided a revised copy of the relevant procedures which are adequate to demonstrate compliance.
As such, no further action is required.
V. Civil Penalty:
18. Item 6: The Notice proposed assessing a civil penalty in the amount of $39,100.
Respondent did not contest the proposed civil penalty for this Item. As such, Respondent shall pay
a civil penalty in the amount of $39,100 for Item 6.
19. Respondent shall pay a civil penalty in the amount of $39,100, 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.
VI. Compliance Order:
20. Item 1: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order.
Following the informal discussion, and review of Magellan’s submitted revised procedures,
Magellan completed the terms of the Proposed Compliance Order. As such, no further action is
required.
21. Item 6: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent requested a modification to the timeline for
compliance for this Proposed Compliance Order. The Region finds the extended timeline for
compliance appropriate. As such, Respondent agrees to perform the following corrective
measures:
B. In regard to Item 6 of the Notice pertaining to Magellan failing to not include team
training and exercises that included both controllers and other individuals, defined
by the operator, who would reasonably be expected to operationally collaborate
with controllers (control room personnel) during normal, abnormal or emergency
situations, Magellan must modify it procedures to include team trainings and
exercises that include both controllers and those who would be expected to
collaborate with controllers, i.e., “others.” The procedure must include the topics
to be covered during the training sessions. Magellan must also modify its
procedures to include training for all modes of operation (normal, abnormal and
emergency) as well as some soft skills. The operator must then complete the team



training for all “others” and controllers and provide documentation by December
31, 2024.
1
VII. Enforcement:
22. 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 $257,664 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 and
associated schedules set forth or referenced in Section VI are automatically incorporated into this
Agreement and are enforceable in the same manner.
VIII. Review and Approval Process:
23. With respect to any submission under Section VI (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.
IX. Dispute Resolution:
24. 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 Section VI,
Compliance Order. 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 from 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.
1 This Proposed Compliance Order term was originally term D in the Notice.



X. Effective Date:
25. 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.
XI. Recordkeeping and Information Disclosure:
26. 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.
XII. Modification:
27. 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.
XIII. Termination:
28. This Agreement will remain in effect until the Compliance Order in Section VI is
satisfied, as determined by the Director, and payment of the Civil Penalty in Section V is made.
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.
XIV. Ratification:
29. 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.
30. The Parties hereby agree to all findings, conditions, and terms of this Agreement.
[Signature Lines on Following Page]
For MAGELLAN MIDSTREAM PARTNERS, LP:



________________________________________
Joe Butler, Director, Operations Control
________________________
Date
For PHMSA:
________________________________________
Director, Central Region, Office of Pipeline Safety
________________________
Date

32023026NOPV_Closure Letter_05302025_(22-240208)_text.pdf

VIA ELECTRONIC MAIL TO: randy.lentz@oneok.com; jamie.hoskin@oneok.com;
charles.misak@oneok.com
May 30, 2025
Mr. Randy Lentz
EVP, Chief Operating Officer
Magellan Pipeline, LLC
909 Lake Carolyn Parkway, Suite 1600
Irving, Texas 75039
RE: CPF 3-2023-026-NOPV
Dear: Mr. Lentz:
On May 21, 2024, a Consent Order was issued incorporating the terms of the Consent
Agreement entered into between the Pipeline and Hazardous Materials Safety Administration
(PHMSA) and Magellan Midstream Partners LP (Magellan) in the above-referenced case. The
Consent Agreement included a Compliance Order and a Civil Penalty assessment.
Based on our review of the documentation provided, and confirmation of payment of the civil
penalty, it has been determined that Magellan has complied with the terms of the Consent
Agreement and 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,
David Barrett
Acting Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
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