ENTERPRISE PRODUCTS OPERATING LLC — Notice of Probable Violation

420047001_Final Order _08242004.pdf, page 1Official PDF^-. I- o U.S Deoortrnent of Tronsportotion Rereorchond Speciol Progroms Adminislrofion 400 Seventh St , S W washrnglon. DC 20590 AUG 2 4 2CA4 Mr. RandyWest Vice President of Operations El Paso Field Services 4 Greenway Plaza Houston, TX 77046 RE: CPFNo. 4-2004-7001 Dear Mr. West: Enclosed is a Final Order issued by the Associate Administrator for pipeline Safety in the above-referenced case. It makes a finding of violation of pipeline safety standards. your receipt of the Final order constitutes service of that document undir 49 c.F.R. $ r90.5. I acknowledge receipt of, and accept the wire transfer dated February I 9, 2004, in the amount of $5,000 as payment in full ofthe civil penalty. This case is now closed and no fi.yther enforcement action is contemplated with the respect to the matters involved in this case. Thank you for your cooperation in ourjoint effort to ensure pipeline safety. Sincerely, t\ Ir't A*' Y |\=- James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure cc; Mr. James R. McDonald El Paso Field Services DOT Compliance oCERTIFIED MAIL - RETURN RECEIPT REOUESTED#

420047001_Final Order _08242004.pdf, page 2DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of ) El Paso Field Services CPF No. 4-2004-7001 Respondent. FINAL ORDER On October 20-24, 2003, pursuant to 49 U.S.C. § 60117, representatives of the Office of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records in Houma, Louisiana (Poseidon pipeline system). As a result of the inspection, the Director, Southwest Region, OPS, issued to Respondent, by letter dated January 21, 2004, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. § 195 and proposed assessing a civil penalty of $5,000 for the alleged violation. FINDING OF VIOLATION Respondent responded by letter dated February 17, 2004, but did not contest the alleged violation of 49 C.F.R. Part 195 in the Notice. Accordingly, I find that Respondent violated the following section Part 195, as more fully described in the Notice: 49 C.F.R. § 195.420(b) - failure to inspect mainline valves PH1, PH2, PH3, PH4 and PHS on the Poseidon pipeline system at least twice a year. The operator exceeded the required inspection interval by approximately 45 days. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. ASSESSMENT OF PENALTY Under 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per violation for each day of the violation up to a maximum of $1,000,000 for any related series of violations.#

420047001_Final Order _08242004.pdf, page 3q . I - l- |t 2 49 U'S.C. $ 60122 arld 49 C.F.R. $ 190.225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's ability to continue in business, and such other matters as justice may require. Accordingly, having reviewed the record and considered the assessment criteria, I assess a civil penalty of $5,000, already paid by Respondent. The terms and conditions of this Final Order are effective upon receipt. AUG 2 4 2CC4 Date Issued Associate Administrator for Pipeline Safety#