{"operation":"document","citation":"CPF 520020004","title":"LINN WESTERN OPERATING, INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-05-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.705(a), 192.745.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520020004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520020004","body":"Notice of Probable Violation involving LINN WESTERN OPERATING, INC. PHMSA's enforcement data identifies the cited regulations as 192.705(a),  192.745. The case was opened on 2002-05-20 and is reported as closed as of 2003-08-19. Proposed civil penalty: $15,000. Assessed civil penalty: $15,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520020004_Final Order_02052003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020004/520020004_Final%20Order_02052003.pdf\n\n520020004_Final Order_02052003.pdf\n\ne\no\nUS.Deporlmenl\nof Tronsportolron\nReseorch ond\nSpeciol Progroms\nAdministrotion\n400 Sevefrth Sl S f/\n\\ i r 3 s n l q l o n D C 2 C 5 9 0\nFEB - 5 2003\nMr. .lohn [)r'acon\nN,lanagcr. IrS&RC\nNrrcvo L.nclq] L'c nryrrl rly\n20 I Solrth []roa.ir',.t1\norcult. (..,\\ r)_r,15 5\nRe: C[)l; \\o 5-2002-0(104\nDcar N'Ir. I)caco n:\nirncloscd is thc F iual {)rclcr issr-recl bv the ;\\ssociatc Adniinislrator 1bl Pipeline S:rictv in lhc\nlbovc r-cf clcnc.-rl cusc It rnlkcs i tlrrdin!. o1'r iolution rurd lssesscs a civil l-'e Irr]t! oJ'S li.i)l)() IlLt\npenalt,v pa1'ntcnt tcnns are se t lbrLh in the t'inal Ordcr. -l'his cnibr cement actirrt clttse s autolttaticitlly\nuponpall)tent. Ytrur rcccipt ol'thc FinlLl OrderconstitutcsserviccoIthittclocutttctttltnciet'l9C F.lt\n$ 190.5\nS ir r ce rcly,\n( i'',,tndoll n N4. I Iill\nl';pc line C'orlpliancc Re grstlr\n( ) l'1lcc ol' Pipeline Saf cty\nEr-rclosure\n[]rrb lvlaLselck\n[)ipclinc Saiity' Coordinattir\nNrrcr. o lrne rg1' I ornparrv\n\n\n\n•\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nNuevo Energy Company,\nCPF No. 5-2002-0004\nRespondent.\nFINAL. ORDER\nOn February 26-28. 2002, pursuant to 49 U.S.C. § 60117. a representative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin Brea, California. As a result of the inspection. the Director, Western Region. OPS. issued to\nRespondent, by letter dated May 20. 2002 . a Notice of Probable Violation and Proposcd Civil\nPenalty (Notice). In accordance with 40 C.F.R. § 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. $$ 192.705 (Item 1) and 192.745 (Item 2 ) and proposed assessing\na civil penalty of $15.000 for the alleged violation in Item 2.\nRespondent responded to the Notice by letter dated June 28, 2002 (Response) and requested a\nhearing. A hearing was held via telephone conference on October 2, 2002. Respondent did not\ncontest the allegations of violation and presented information in mitigation of the proposed penalty\nFINDING OF VIOLATION\nAt the hearing. Respondent did not contest the alleged violations in the Notice. Accordingly. Hind\nthat Respondent violated the following section of 49 C.F.R. Part 192, as more fully described in the\nNotice\n49 C.F.R. $ 192.745 - failure to inspect transmission line valvo operation at threc separate\nlocations within the required intervals.\nThis finding of violation will be considered a prior offense in any subscquent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122. Respondent is subject to a civil penalty not to exceed $25.000 per\nviolation for cach day of the violation up to a maximum of $500.000 for any related series of\nviolations.\n49 U.S.C. $ 60122 and 49 C.F.R. § 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 tho\npenally, 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.\nAs for the violation of 49 C.F.R. § 192.745 (Item 2). failing to inspect the operation of certain\ntransmission line valves within the required intervals. a civil penalty of $15.000 was proposed in the\nNotice. At the hearing. Respondent acknowledged that the valve inspections were missed and\nexplained that in August 1999. responsibility for operations and maintenance of the subject facilities\nwas transferred fromthe Coast District to the Bakersfield District, which lacked a D.O.T. compliance\nforeman, resulting in the lapses. Respondent further explained that since the time of occurrence. it\nhad transferred operations and maintenance responsibility for these facilities back to the Coast\nDistrict and had made diligent efforts towards 100 percent compliance.\nTransmission line valves serve the critical function of stopping the flow of product when necessary\nduring relcase incidents. emergencies. and pipeline repairs. Pipeline operators are required to inspect\nand partially operate their transmission line valves at intervals not exceeding 15 months. but at least\nonce cach calendar year to ensure their proper operation. Failure to properly maintain transmission\nline valves can put the public safety at increased risk. Although Respondent has taken prompt\nremedial measures. including ensuring that its personnel rigorously verify the accuracy and\ncompleteness ofits automated inspection process, during the time frame at issue. Respondent failed\nto follow its own procedures. In fact. the inspection delay for each of the three subjeet valves\nexceeded the required 15-month intervai by several months for cach valve. Respondent has not\npresented information that warrants mitigation of the civil penalty. Accordingly. having reviewed\nthe record and considered the assessment criteria, L assess Respondent a civil penalty of $15,000 for\nfailure to comply with the requirements of 49 C.F.R. § 192.745. A determination has been made that\nRespondent has the ability to pay this penalty without impairing its ability to continue in basines»\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. $ 89.21(b)(3)) require this payment he made by wire 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 (A.MZ-120). Federal Aviation Administration. Mike Monroncy Acronautical\nCenter. P.O. Box 25770. Oklahema City: OK 73125: (405) 954-4719.\n\n\n\n3\nFailure to pay the $15,000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 LS.C. $ 3717,31 C.F.R. § 901.9 and 49 C.F.R. $ 89.23. Pursuant to those same\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 a United States District Court.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for the following Item, but warned\nRespondent that it should take appropriate corrective action. Respondent presented information at\nthe hearing showing that it is addressing the cited item:\n49 C.F.R. § 192.705 (Item 1) - failing to conduct adequate patrolling of the Richfield Gas\ntransmission line within the required interval.\nRespondent is again warned that if OPS finds a violation in a subsequent inspection, enforcement\naction will be taken.\nUnder 49 C.F.R. $ 190.215. Respondent has a right to petition for reconsideration of this finai\nOrder. However. if the civil ponalty is paid. the case closes automatically and Respondent waives\nthe right to petition for reconsideration. The filing of a petition automatically stays the payment of\nany civil penalty assessed. The petition must be received within 20 days of Respondent's receipt\nof this Final Order and must contain a brief statement of the issue(s).\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$25.000 per violation per day, or in the referral of the case for judicial enforcement. The terms and\nconditions of this Final Order are effective on receipt.\nJames KO an\nFEB - 5 2003\nStacey Gerard\nDate Issued\nto Associate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8297}