{"operation":"document","citation":"CPF 520020003","title":"PACIFIC COAST ENERGY COMPANY, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-05-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520020003","body":"Notice of Probable Violation involving PACIFIC COAST ENERGY COMPANY, LP. PHMSA's enforcement data identifies the cited regulation as 192.465(a). The case was opened on 2002-05-06 and is reported as closed as of 2003-07-08. Proposed civil penalty: $17,000. Assessed civil penalty: $12,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520020003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020003/520020003.pdf\n\n520020003_Final Order_04302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020003/520020003_Final%20Order_04302003.pdf\n\n520020003_Final Order_04302003.pdf\n\no\nUSDeporhent\nof Tronsportolion\nReseorch ond\nSpeciol Progrcmj\nAdminl$10llon\n400 Seventh St , S.W\nwashinglon. D.C 20590\nAPR 3 0 ?.C03\nSteve Lilss\nWestside Business Manager\nBreitBurn Energy Company, LLC\n515 South Flower Street, Suite 4800\nLos Angeles, California 90071\nRe: CPFNo.5-2002-0003\nDear Mr. Liles:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and assesses a civil penalty of $12,000. The\npenalty payment terms are set forth in the Final Order. This enforcernent action closes automatically\nupon payment. Your receipt ofthe Final Order constitutes service ofthat document under 49 C.F.R.\n$ 190.s.\nSincerely,\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nBreitBurn Energy Company, LLC\nRespondent.\nCPF No. 5-2002-0003\nFINAL ORDER\nOn February 29, 2002, pwsuant to 49 U.S.C. $ 601 I 7, a representative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin Los Angeles, California. As a result of the inspection, the Director, Westem Region, OPS, issued\nto Respondent, by letter dated May 6, 2002, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. $192.a65(a) and proposed assessing a civil penalty of $17,000\nfor the alleged violation.\nRespondent responded to the Notice by letter dated June 5,2002 (Response). Respondent did not\ncontestthe allegations ofviolationbut offeredan explanation andprovided informationinmitigation\nofthe proposed civil penalty and concerning the corrective actions it has taken. Respondent did not\nrequest a hearing; consequently, Respondent waived its right to one.\nFINDINGS OF VIOLATION\nRespondent did not contest alleged violation in the Notice. Accordingly, I find that Respondent\nviolated 49 C.F.R. g 192.a65(a) by failing to test each pipeline that is under cathodic protection at\nleast once each calendar year, not to exceed 15 months.\nThis frnding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 5 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n\n\n\n2\n49 U.S.C. 5 60122 and 49 C.F.R. fi 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice alleged that Respondent had violated 49 C.F.R. $ 192.465(a),by failing in the 1998 and\n2001 calendar years to test each pipeline that is under cathodic protection within the prescribed time\nlimits. In its response, Respondent submitted information demonstrating that it had completed the\n1998testing. Basedonthisinformationdemonstratingcompliancewiththeregulationinl998, Iam\nreducing the civil penalty from $17,000 to $12,000. Accordingly, having reviewed the record and\nconsidered the assessment criteria, I assess Respondent a civil penalty of$12,000.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. $ 89.21 (bX3)) require this palment be made bywire transfer, through the Federal Reserve\nCommunications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are\ncontained in the enclosure. Questions concerning wire transfers should be directed to: Financial\nOperations Division (ANIZ-120), Federal Aviation Administration, Mike Monroney Aeronautical\nCenter, P.O. Box 25770, Oklahoma City, OK 73125; (a}fi 954-4719.\nFailure to paythe $12,000 civil penaltywill result in accrual of interest at the current annual rate in\naccordancewith3lU.S.C.53717,31C.F.R.$90l.9and49C.F.R.$89.23. Pursuanttothosesame\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action in an United States District Court.\nUnder 49 C.F.R. $ 190.215, Respondent has a right to petition for reconsideration of this Final\nOrder. The petition must be received within 20 days of Respondent's receipt of this Final Order and\nmust contain a brief statement of the issue(s). The filing of the petition automatically stays the\npayment of any civil penalty assessed. All other terms ofthe ordeq including any required corrective\naction, remain in full effect unless the Associate Administrator, upon request, grants a stay. The\nterms and conditions of this Final Order are effective on receipt.\nAPR 3 0 2Ctj3\nDate Issued\n. Stacev Gerard\ndn *ro.iut. Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6008}