# PACIFIC COAST ENERGY COMPANY, LP — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 192.465(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520020003.json
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- **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.

Official case documents:

520020003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020003/520020003.pdf

520020003_Final Order_04302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020003/520020003_Final%20Order_04302003.pdf

520020003_Final Order_04302003.pdf

o
USDeporhent
of Tronsportolion
Reseorch ond
Speciol Progrcmj
Adminl$10llon
400 Seventh St , S.W
washinglon. D.C 20590
APR 3 0 ?.C03
Steve Lilss
Westside Business Manager
BreitBurn Energy Company, LLC
515 South Flower Street, Suite 4800
Los Angeles, California 90071
Re: CPFNo.5-2002-0003
Dear Mr. Liles:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes findings of violation and assesses a civil penalty of $12,000. The
penalty payment terms are set forth in the Final Order. This enforcernent action closes automatically
upon payment. Your receipt ofthe Final Order constitutes service ofthat document under 49 C.F.R.
$ 190.s.
Sincerely,
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL - RETURN RECEIPT REOUESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
BreitBurn Energy Company, LLC
Respondent.
CPF No. 5-2002-0003
FINAL ORDER
On February 29, 2002, pwsuant to 49 U.S.C. $ 601 I 7, a representative of the Office of Pipeline
Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records
in Los Angeles, California. As a result of the inspection, the Director, Westem Region, OPS, issued
to Respondent, by letter dated May 6, 2002, 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. $192.a65(a) and proposed assessing a civil penalty of $17,000
for the alleged violation.
Respondent responded to the Notice by letter dated June 5,2002 (Response). Respondent did not
contestthe allegations ofviolationbut offeredan explanation andprovided informationinmitigation
ofthe proposed civil penalty and concerning the corrective actions it has taken. Respondent did not
request a hearing; consequently, Respondent waived its right to one.
FINDINGS OF VIOLATION
Respondent did not contest alleged violation in the Notice. Accordingly, I find that Respondent
violated 49 C.F.R. g 192.a65(a) by failing to test each pipeline that is under cathodic protection at
least once each calendar year, not to exceed 15 months.
This frnding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. 5 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.



2
49 U.S.C. 5 60122 and 49 C.F.R. fi 190.225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the 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.
The Notice alleged that Respondent had violated 49 C.F.R. $ 192.465(a),by failing in the 1998 and
2001 calendar years to test each pipeline that is under cathodic protection within the prescribed time
limits. In its response, Respondent submitted information demonstrating that it had completed the
1998testing. Basedonthisinformationdemonstratingcompliancewiththeregulationinl998, Iam
reducing the civil penalty from $17,000 to $12,000. Accordingly, having reviewed the record and
considered the assessment criteria, I assess Respondent a civil penalty of$12,000.
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. $ 89.21 (bX3)) require this palment be made bywire transfer, through the Federal Reserve
Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are
contained in the enclosure. Questions concerning wire transfers should be directed to: Financial
Operations Division (ANIZ-120), Federal Aviation Administration, Mike Monroney Aeronautical
Center, P.O. Box 25770, Oklahoma City, OK 73125; (a}fi 954-4719.
Failure to paythe $12,000 civil penaltywill result in accrual of interest at the current annual rate in
accordancewith3lU.S.C.53717,31C.F.R.$90l.9and49C.F.R.$89.23. Pursuanttothosesame
authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not
made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral
of the matter to the Attorney General for appropriate action in an United States District Court.
Under 49 C.F.R. $ 190.215, Respondent has a right to petition for reconsideration of this Final
Order. The petition must be received within 20 days of Respondent's receipt of this Final Order and
must contain a brief statement of the issue(s). The filing of the petition automatically stays the
payment of any civil penalty assessed. All other terms ofthe ordeq including any required corrective
action, remain in full effect unless the Associate Administrator, upon request, grants a stay. The
terms and conditions of this Final Order are effective on receipt.
APR 3 0 2Ctj3
Date Issued
. Stacev Gerard
dn *ro.iut. Administrator
for Pipeline Safety
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