# LINN WESTERN OPERATING, INC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

520020004_Final Order_02052003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520020004/520020004_Final%20Order_02052003.pdf

520020004_Final Order_02052003.pdf

e
o
US.Deporlmenl
of Tronsportolron
Reseorch ond
Speciol Progroms
Administrotion
400 Sevefrth Sl S f/
\ i r 3 s n l q l o n D C 2 C 5 9 0
FEB - 5 2003
Mr. .lohn [)r'acon
N,lanagcr. IrS&RC
Nrrcvo L.nclq] L'c nryrrl rly
20 I Solrth []roa.ir',.t1
orcult. (..,\ r)_r,15 5
Re: C[)l; \o 5-2002-0(104
Dcar N'Ir. I)caco n:
irncloscd is thc F iual {)rclcr issr-recl bv the ;\ssociatc Adniinislrator 1bl Pipeline S:rictv in lhc
lbovc 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
penalt,v pa1'ntcnt tcnns are se t lbrLh in the t'inal Ordcr. -l'his cnibr cement actirrt clttse s autolttaticitlly
uponpall)tent. Ytrur rcccipt ol'thc FinlLl OrderconstitutcsserviccoIthittclocutttctttltnciet'l9C F.lt
$ 190.5
S ir r ce rcly,
( i'',,tndoll n N4. I Iill
l';pc line C'orlpliancc Re grstlr
( ) l'1lcc ol' Pipeline Saf cty
Er-rclosure
[]rrb lvlaLselck
[)ipclinc Saiity' Coordinattir
Nrrcr. o lrne rg1' I ornparrv



•
DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
Nuevo Energy Company,
CPF No. 5-2002-0004
Respondent.
FINAL. ORDER
On February 26-28. 2002, pursuant to 49 U.S.C. § 60117. a representative of the Office of Pipeline
Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records
in Brea, California. As a result of the inspection. the Director, Western Region. OPS. issued to
Respondent, by letter dated May 20. 2002 . a Notice of Probable Violation and Proposcd Civil
Penalty (Notice). In accordance with 40 C.F.R. § 190.207, the Notice proposed finding that
Respondent had violated 49 C.F.R. $$ 192.705 (Item 1) and 192.745 (Item 2 ) and proposed assessing
a civil penalty of $15.000 for the alleged violation in Item 2.
Respondent responded to the Notice by letter dated June 28, 2002 (Response) and requested a
hearing. A hearing was held via telephone conference on October 2, 2002. Respondent did not
contest the allegations of violation and presented information in mitigation of the proposed penalty
FINDING OF VIOLATION
At the hearing. Respondent did not contest the alleged violations in the Notice. Accordingly. Hind
that Respondent violated the following section of 49 C.F.R. Part 192, as more fully described in the
Notice
49 C.F.R. $ 192.745 - failure to inspect transmission line valvo operation at threc separate
locations within the required intervals.
This finding of violation will be considered a prior offense in any subscquent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122. Respondent is subject to a civil penalty not to exceed $25.000 per
violation for cach day of the violation up to a maximum of $500.000 for any related series of
violations.
49 U.S.C. $ 60122 and 49 C.F.R. § 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 tho
penally, 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.
As for the violation of 49 C.F.R. § 192.745 (Item 2). failing to inspect the operation of certain
transmission line valves within the required intervals. a civil penalty of $15.000 was proposed in the
Notice. At the hearing. Respondent acknowledged that the valve inspections were missed and
explained that in August 1999. responsibility for operations and maintenance of the subject facilities
was transferred fromthe Coast District to the Bakersfield District, which lacked a D.O.T. compliance
foreman, resulting in the lapses. Respondent further explained that since the time of occurrence. it
had transferred operations and maintenance responsibility for these facilities back to the Coast
District and had made diligent efforts towards 100 percent compliance.
Transmission line valves serve the critical function of stopping the flow of product when necessary
during relcase incidents. emergencies. and pipeline repairs. Pipeline operators are required to inspect
and partially operate their transmission line valves at intervals not exceeding 15 months. but at least
once cach calendar year to ensure their proper operation. Failure to properly maintain transmission
line valves can put the public safety at increased risk. Although Respondent has taken prompt
remedial measures. including ensuring that its personnel rigorously verify the accuracy and
completeness ofits automated inspection process, during the time frame at issue. Respondent failed
to follow its own procedures. In fact. the inspection delay for each of the three subjeet valves
exceeded the required 15-month intervai by several months for cach valve. Respondent has not
presented information that warrants mitigation of the civil penalty. Accordingly. having reviewed
the record and considered the assessment criteria, L assess Respondent a civil penalty of $15,000 for
failure to comply with the requirements of 49 C.F.R. § 192.745. A determination has been made that
Respondent has the ability to pay this penalty without impairing its ability to continue in basines»
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. $ 89.21(b)(3)) require this payment he made by wire 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 (A.MZ-120). Federal Aviation Administration. Mike Monroncy Acronautical
Center. P.O. Box 25770. Oklahema City: OK 73125: (405) 954-4719.



3
Failure to pay the $15,000 civil penalty will result in accrual of interest at the current annual rate in
accordance with 31 LS.C. $ 3717,31 C.F.R. § 901.9 and 49 C.F.R. $ 89.23. Pursuant to those same
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 a United States District Court.
WARNING ITEM
The Notice did not propose a civil penalty or corrective action for the following Item, but warned
Respondent that it should take appropriate corrective action. Respondent presented information at
the hearing showing that it is addressing the cited item:
49 C.F.R. § 192.705 (Item 1) - failing to conduct adequate patrolling of the Richfield Gas
transmission line within the required interval.
Respondent is again warned that if OPS finds a violation in a subsequent inspection, enforcement
action will be taken.
Under 49 C.F.R. $ 190.215. Respondent has a right to petition for reconsideration of this finai
Order. However. if the civil ponalty is paid. the case closes automatically and Respondent waives
the right to petition for reconsideration. The filing of a petition automatically stays the payment of
any civil penalty assessed. 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).
Failure to comply with this Final Order may result in the assessment of civil penalties of up to
$25.000 per violation per day, or in the referral of the case for judicial enforcement. The terms and
conditions of this Final Order are effective on receipt.
James KO an
FEB - 5 2003
Stacey Gerard
Date Issued
to Associate Administrator
for Pipeline Safety
- **truncated:** false
- **body characters:** 8297