{"operation":"document","citation":"CPF 520025026","title":"MERIT ENERGY COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-07-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(10), 195.402(c)(3), 195.403(c), 195.404(c)(3), 195.412(a), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025026","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520025026","body":"Notice of Probable Violation involving MERIT ENERGY COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(10),  195.402(c)(3),  195.403(c),  195.404(c)(3),  195.412(a),  195.589(c). The case was opened on 2002-07-12 and is reported as closed as of 2005-03-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520025026_final order_12312002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520025026/520025026_final%20order_12312002.pdf\n\n520025026_final order_12312002.pdf\n\nU.S Department\nof Trnsportatii\nResearch and\nSpecial Program Administration\n400 Seventh St.. S W\nWashmgton. D.C 20590\nDEC 3 1 2232\nMr. Robert Matejek\nVice President - Operations\nMerit Energy Company\n12222 Merit Drive\nSuite 1500\nDallas, TX 7525 1\nRe: CPF No. 5-2002-5026\nDear Mr. Matejek:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and requires certain corrective action. When\nthe terns of the compliance order are completed, as determined by the Director, Western Region,\nOPS, this enforcement action will be closed. Your receipt of this Final Order constitutes service of\nthat document under 49 C.F.R. 5 190.5.\nSincerely,\n&xendolyn M. Hill\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of 1\nMerit Energy Company, 1\n1\n)\nRespondent. )\nCPF NO. 5-2002-5026\nFINAL ORDER\nOn June 26-28, 2002, pursuant to 49 U.S.C. 601 17, a rep~sentative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin Bairoil, Wyoming. As a result of the inspection, the Director, WesternsRegion, OPS, issued to\nRespondent, by letter dated July 12,2002, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 9 190.207, the Notice proposed finding that\nRespondent violated 49 C.F.R. $9 195.402(~)(3), 195.403, ,'195.404, 195389, 195.4 12, and\n195.402(~)(10) (Items 1-6 respectively), and proposed that Respondent ;take oertain measures to\ncorrect the alleged violations. . 3\nRespondent did not respond to the Notice within 30 days after it received the Notice. Respondent's\nfailure to respond waives its right to contest the Notice and authorizes me to find the facts as alleged\nin the Notice and issue a Final Order under 49 C.F.R. 9 190.213. Respondent did not request a\nhearing, consequently, Respondent waived its right to one.\nRespondent did not contest the alleged violations in the Notice. Accordingly, I find that Respondent\nviolated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice:\n49 C.F.R. 5 195.402(~)(3) -- failure to adequately prepare and follow a site-specific\noperations, maintenance, and emergencies procedural manual for Respondent's carbon\ndioxide pipeline that includes descriptive procedures for operating, maintaining, and\nrepairing the subject pipeline in accordance with the requirements of Part 195;\n49 C.F.R. § 195.403 -- failure to adequately establish and conduct a continuing personnel\ntraining program for its personnel that operate and maintain the carbon dioxide pipeline;\nI,,\n\n\n\n49 C.F.R. tj 195.404 -- failure to adequately maintain maps and records, including records\nof the date, location, and description of repairs and inspections performed on the subject\npipeline;\n49 C.F.R. 5 195.589 -- failure to maintain records demonstrating the adequacy of the\ncorrosion control measures required for Respondent's carbon dioxide pipeline that show,\namong other things, the location of cathodically protected pipeline, cathodic protection\nfacilities, and neighboring structures bonded to cathodic protection systems;\n49 C.F.R. 5 195.402(~)(10) -- failure to establish procedures for abandoning pipeline\nfacilities in Respondent's operations, maintenance, and emergencies procedural manual that\ninclude, among other things, procedures for safe disconnection from an operating pipeline\nsystem, purging of combustibles, and sealing abandoned facilities left in place.\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent. , . ,\nCOMPLIANCE ORDER\nUnder 49 U.S.C..,4 60 1 18(a), each person who engages in the transportation of hazardous liquids or\nwho owns or operates a pipeline facility is required to comply, with the applicable safety standards\nestablished unde~chapter 601. Pursuant to the authority of 48 U.S.C. 601 18(b) and 49 C.F.R.\n$ 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations:\n1. Prepare and follow a site-specific operations, maintenance, and emergencies procedural\nmanual for the carbon dioxide pipeline in accordance with Section 195.402 that includes\nsufficiently detailed written procedures to enable Respondent's personnel to recognize\nand respond to safety-related conditions and to operate, maintain and repair the subject\npipeline in a safe and reliable manner.\n2. Establish and conduct a continuing personnel training program in accordance with\nSection 195.403, including, among other things, periodic performance reviews\nevaluating whether the objectives of the training program set forth in paragraph (a) of\nthis section are being met. The training program must also provide for periodic\nmodifications to ensure the program's continuing effectiveness.\n3. Establish and maintain a record keeping system for the subject pipeline in accordance\nwith Section 195.404, including, among other things, records of the date, location, and\ndescription of pipeline repairs and inspections. The record keeping system must also\nensure that any records created by maintenance contractors are regularly reviewed by\nRespondent to ensure that the pipeline is being operated in compliance with the pipeline\nsafety regulations applicable to its operations.\n\n\n\n4. Determine the extent of the carbon dioxide pipeline system's cathodic protection\nfacilities by performing the necessary electrical field tests in coordination with the\nowners and operators of the other underground metallic structures in the vicinity of the\npipeline. After Respondent's cathodic protection facilities are identified, a\ndetermination is made as to their adequacy, and any necessary remedial measures are\ntaken, Respondent must establish operations and maintenance procedures for the\nongoing monitoring and maintaining of cathodic protection against corrosion in\naccordance with Part 195, Subpart H.\n5 . Establish and maintain arecord keeping system in accordance with Section 195.589 that\nshows, among other things, the location of Respondent's cathodically protected pipeline,\ncathodic protection facilities, and neighboring structures bonded to its cathodic\nprotection systems, and demonstrates the adequacy of the corrosion control measures\nrequired for the subject pipeline under Part 195, Subpart H.\n6. Establish comprehensive procedures for abandoning pipeline facilities in accordance with Section 195.402(~)(10) that include, among other things, a detailed purging process\nto ensure the integrity of any pipeline being abandoned.\n7. Respondent must accomplish the above iteiils within 60 days following receipt of this\nFinal Order. All documents, procedures, action glans, schedules, and evaluations\ndemonstrati~ng,compliance with this Order should be submitted to the Director, Western\nRegion, Office of Pipeline Safety, Golden Hills Centre, Suite A-250, 12600 West\nColfax Avenue, Lakewood, CO 802 15-3736.\nThe Director, Western Region, OPS, may grant an extension of time to comply with any of the\nrequired items upon a request by the Respondent demonstrating good cause for an extension.\n- ,\nWARNING ITEM I\nThe Notice did not propose a civil penalty or corrective action for Item 5 in the Notice, failure to\ninspect a pipeline right-of-way within the required interval; therefore, Respondent is warned that if\nit does not take appropriate corrective action to address the item and OPS finds a violation in a\nsubsequent inspection, enforcement action will be taken.\nUnder 49 C.F.R. 9 190.21 5, 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 Order and must\ncontain a brief statement of the issue(s). All terms of the Order, including any required corrective\naction, shall remain in full effect unless the Associate Administrator, upon request, grants a stay.\n\n\n\nFailure to comply with this Order may result in the assessment of civil penalties of up to $25,000 per\nviolation per day, or in the referral of the case for judicial enforcement. The terms and conditions\nof this Order are effective on receipt.\nDEC 3 1 2C02\nDate Issued\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9080}