{"operation":"document","citation":"CPF 420171004W","title":"ConocoPhillips (E&P - L-48) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-02-09","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(2)(iii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420171004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420171004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420171004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420171004W","body":"Warning Letter involving ConocoPhillips (E&P - L-48). PHMSA's enforcement data identifies the cited regulation as 191.22(c)(2)(iii). The case was opened on 2017-02-09 and is reported as closed as of 2017-02-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420171004W_Warning Letter_02092017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171004W/420171004W_Warning%20Letter_02092017.pdf\n\n420171004W_Warning Letter_02092017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171004W/420171004W_Warning%20Letter_02092017_text.pdf\n\n420171004W_Warning Letter_02092017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 9, 2017\nOracio Estrada\nRegulatory Specialist\nConoco Phillips (E&P-L-48)\nP.O. BOX 2197\nHouston, Texas 77252\nCPF 4-2017-1004W\nDear Mr. Estrada:\nIn December 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code reviewed the\nnotification reports filed electronically by Conoco Phillips. As a result of this review, it appears\nthat you have committed a probable violation of the Pipeline Safety Regulations, Title 49, Code\nof Federal Regulations. The item reviewed and the probable violation is:\n1. §191.22 National Registry of Pipeline and LNG Operators.\n(c) Changes. Each operator must notify PHMSA electronically through the\nNational Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov,\nof certain events.\n(2) An operator must notify PHMSA of any following event not later than 60\ndays after the event occurs:\n(iii) A change in the entity (e.g., company, municipality) responsible\nfor an existing pipeline, pipeline segment, pipeline facility,\nunderground natural gas storage facility, or LNG facility;\n\n\n\nConoco Phillips failed to file notification of divestiture for 30.23 miles of gas transmission\npipeline no later than 60 days following the divestiture. Conoco Phillips submitted an Operator\nRegistry Notification Type D for 30.23 miles of Onshore, Intrastate pipeline, located in Brazoria\nCounty, TX. According to the information submitted, the divestiture was completed on April 1,\n2016, and the notification was not received until July 25, 2016 (114 days). This notification was\nrequired by June 1, 2016.\nFor future filings, please be aware that the notification required for the divestiture of less than 50\nmiles would be a Type B. Attached for your convenience is a copy of the “Instructions (rev 5-\n2015) for Form PHMSA F 1000.2 (rev 5-2015) OPERATOR REGISTRY NOTIFICATION” to\nsubmit the correct notification type.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012,\nthe maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty\nnot to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item identified in this letter. Failure to do so will result in Conoco Phillips (E&P-L-\n48) being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2017-1004W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4405}