{"operation":"document","citation":"CPF 420105012W","title":"WHITECAP PIPE LINE COMPANY, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-07-19","effective_on":null,"summary":"CLOSED warning letter citing 195.52(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420105012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420105012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420105012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420105012W","body":"Warning Letter involving WHITECAP PIPE LINE COMPANY, L.L.C.. PHMSA's enforcement data identifies the cited regulation as 195.52(a). The case was opened on 2010-07-19 and is reported as closed as of 2010-07-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420105012W_Warning_07192010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420105012W/420105012W_Warning_07192010.pdf\n\n420105012W_Warning_07192010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420105012W/420105012W_Warning_07192010_text.pdf\n\n420105012W_Warning_07192010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 19, 2010\nMs. Rebecca B. Roberts\nPresident\nWhitecap Pipe Line Company, LLC\n4800 Fournace Place\nBellaire, Texas 77401\nCPF 4-2010-5012W\nDear Ms. Roberts:\nOn March 27, 2010 an inspection conducted by Whitecap Pipe Line Company, LLC\npersonnel confirmed a release of crude from a nominal 18-inch interstate pipeline\noperated by Whitecap Pipe Line, LLC. The release occurred offshore in the Gulf of\nMexico on the 18-inch Whitecap pipeline where it crosses a 36-inch Tennessee Gas\nTransmission Pipeline.\nA representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code investigated the accident.\nAs a result of the inspection, it appears that you have committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations as noted below:\n1. §195.52 Telephonic notice of certain accidents.\na) At the earliest practicable moment following discovery of a release of\nthe hazardous liquid or carbon dioxide transported resulting in an event\ndescribed in §195.50, the operator of the system shall give notice, in\naccordance with paragraph (b) of this section, of any failure that:\n\n\n\n(1) Caused a death or an injury requiring hospitalization;\n(2) Resulted in either a fire or explosion not intentionally set by the\noperator;\n(3) Caused estimated property damage, including cost of cleanup and\nrecovery, value of Lost product, and damage to the property of the\noperator or others, or both, exceeding $50,000;\n(4) Resulted in pollution of any stream, river, lake, reservoir, or other\nsimilar body of water that violated applicable water quality standards,\ncaused a discoloration of the surface of the water or adjoining\nshoreline, or deposited a sludge or emulsion beneath the surface of the\nwater or upon adjoining shorelines; or\n(5) In the judgment of the operator was significant even though it did not\nmeet the criteria of any other paragraph of this section.\n(b) Reports made under paragraph (a) of this section are made by\ntelephone to 800-424-8802 (in Washington, D.C. 20590-0001, (202) 372-\n2428,) and must include the following information:\n(1) Name and address of the operator.\n(2) Name and telephone number of the reporter.\n(3) The location of the failure.\n(4) The time of the failure.\n(5) The fatalities and personal injuries, if any.\n(6) All other significant facts known by the operator that are relevant to\nthe cause of the failure or extent of the damages.\nWhitecap Pipeline did not make the proper telephonic notification to the NRC. In an\nemail to PHMSA it was reported by Whitecap personnel that the accident had been\nreported to the NRC and that the report number was NRC # 934989. PHMSA reviewed\nthis NRC report and learned that the report had not been submitted by Whitecap\npersonnel but by personnel from Petroleum Helicopters, Inc.\nPHMSA also reviewed the DOT Form 7000-1 submitted by Whitecap. In this submittal,\nWhitecap stated that the accident had been reported to the NRC and the report was\nidentified by a different reference number as NRC report # 935149. PHMSA reviewed\nthis NRC report and learned that it had been submitted by McMoran Oil and Gas.\nPHMSA is unaware of and Whitecap has not made it known that there is a contractual\nagreement between Whitecap and either Petroleum Helicopters or McMoran Oil for\nmaking such NRC reports. Whitecap failed to make the proper notification to the NRC\nfor their release on March 27, 2010.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct\n2\n\n\n\nadditional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item(s) identified in this letter. Failure to do so will result in\nWhitecap being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 4-2010-5012W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest\nPipeline and Hazardous\nMaterials Safety Administration\n3","truncated":false,"body_characters":5460}