{"operation":"document","citation":"CPF 520030011","title":"VENOCO, INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-07-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.17(a), 192.465(b), 192.603(b), 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520030011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520030011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520030011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520030011","body":"Notice of Probable Violation involving VENOCO, INC. PHMSA's enforcement data identifies the cited regulations as 191.17(a),  192.465(b),  192.603(b),  192.605(a). The case was opened on 2003-07-11 and is reported as closed as of 2008-01-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520030011_FiinalOrderClosure_01242008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030011/520030011_FiinalOrderClosure_01242008.pdf\n\n520030011_fiinalorderclosure_01242008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030011/520030011_fiinalorderclosure_01242008_text.pdf\n\n520030011_fiinalorderclosure_01242008_text.pdf\n\nO\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave 5 E\nWashington DG 20590\nJAN 24 Zao8\nWilliam Schneider\nPresident\nVenoco, Inc.\n370 17'\" Street, Suite 390\nDenver, CO 80202-1370\nRe: CPF No, 5-2003-0011\nDear Mr. Schneider:\nEnclosed is the Final Order issued in the above-referenced case, It makes findings of violation\nand finds that the actions specified in the Notice have been completed as required to comply with\nthe pipeline safety regulations, This case is now closed. Your receipt of the Final Order\nconstitutes service of that document under 49 C. F. R. ) 190. 5.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, P. E.\n, Director, Western Region, PHMSA\nMr. Keith Wenal\nSafety Manager\nVenoco, Inc.\n6267 Carpinteria Avenue, Suite 100\nCarpinteria, CA 93013\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nVenoco, Inc.\n,\n1\nRespondent\n)\n)\n)\n)\n)\n)\n)\n) CPF No. 5-2003-0011\nFINAL ORDER\nFrom April 29 to May 2, 2002 and July 8 to July 10, 2002, pursuant to $ 49 U. S. C.\n60117, representatives of the Pipeline and Hazardous Materials Safety Administration's\n(PHMSA's) Office of Pipeline Safety conducted an on-site pipeline safety inspection of\nthe facilities and records of Respondent's Union Island pipeline and Bay Point to Avon\nRefinery pipeline near Tracy, California. As a result of the inspection, the Director,\nWestern Region, PHMSA, issued to Respondent, by letter dated July 11, 2003, a Notice\nof Probable Violation and Proposed Compliance Order (Notice). In accordance with 49\nC. F, R. ) 190. 207, the Notice proposed finding that Respondent had committed violations\nof 49 C. F. R. Part 192 and ordering Respondent to take certain measures to correct the\nalleged violations, In addition, the Notice contained a warning that Respondent had\ncommitted certain other probable violations of 49 C. F. R. $$ 191. 17 and 192. 465(b) and\nadvised Respondent to take appropriate corrective action.\n' This action was origmally brought against Tesoro Corporation In a September 15, 2003 correspondence\nto PHMSA, ConocoPhillips Company stated that it \"acquired the Phillips Petroleum Company, which had\npreviously acquned the Tosco Corporation, which was operating the Umon Island and Bay Pomt to Avon\npipelmes \" As a result of this acquisition, ConocoPhillips became the operator of the two pipeline systems\nBy letter dated February 2, 2006, Venoco, Inc.\n,\ninformed PHMSA that it had acquired the two subject\npipeline segments, effective December 2005, and that the Bay Point to Avon Refinery pipeline had been\ndeactivated.\nEffectiv February 20, 2005, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nsucceeded Research and Special Programs Admimstration as the agency responsible for regulatmg safety in\npipeline transportation and hazardous matenals transportation, See, section 108 of the Norman Y Mineta\nResearch and Special Programs Improvement Act (Public Law 108-426, 118 Stat. 2423-2429 (November\n30, 2004)) See also, 70 Fed Reg 8299 (February 18, 2005) redelegating the pipeline safety authonties\nand functions to the PHMSA Administrator\n\n\n\nConocoPhillips Company responded to the Notice by letter dated September 15, 2003\n(Response). Respondent did not contest the allegations of violation but provided\ninformation concerning the corrective actions it had taken. Respondent did not request a\nhearing, and therefore has waived its right to one,\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it had\nviolated 40 C. F. R. Part 192, as follows\nItem 1 in the Notice alleged that Respondent violated 49 C. F. R. $ 192. 605(a), which\nstates:\ng 192. 605 Procedural manual for operations, maintenance,\nand emergencies.\n(a) General Each operator shall prepare and follow for each pipeline, a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and for emergency response. For transmission lines, the manual must\nalso include procedures for handling abnormal operations. This manual must be\nreviewed and updated by the operator at intervals not exceeding 15 months, but at\nleast once each calendar year. This manual must be prepared before operations of\na pipeline system commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted. .\nSpecifically, the Notice alleged that Respondent's operations and maintenance manual\nrequired under $ 192. 605(a) failed to include various safety procedures required under 49\nC. F. R. $$ 192. 605(b)(2), 192, 453, 192. 455, 192. 457, 192. 471, 192. 605(c)(2),\n192. 615(a)(9), and 192. 615(c). Inasmuch as the Respondent did not contest these\nallegations, I find that Respondent, at the time of inspection, violated 49 C. F. R. )\n192. 605(a) by failing to have a written procedural manual for conducting operations and\nmaintenance activities and for emergency response, as more fully described in the Notice.\nAlso, Respondent could not produce documentation that it had reviewed and updated its\nmanual at intervals not exceeding 15 months, but at least once each calendar year, for the\nUnion Island pipeline between 1996 and 2002 and for the Bay Point to Avon Refinery\npipeline for the year 2000.\nItem 2 in the Notice alleged that Respondent violated 49 C. F. R. $ 192. 603(b), which\nstates:\ng 192. 603 General provisions.\n(a) \"\n(b) Each operator shall keep records necessary to admimster the\nprocedures established under ) 192. 605.\n\n\n\nSpecifically, the Notice alleged that Respondent failed to provide documentation that it\nhad maintained liaison with appropriate fire, police, and other public officials between\n1996 and 2002 for the Union Island pipeline and between 2000 and 2002 for the Bay\nPoint to Avon Refinery pipeline. Accordingly, I find that Respondent violated 49 C, F. R.\n$ 192. 603(b) for failing to keep records necessary to administer the procedures\nestablished under 49 C. F. R. ) 192. 605.\nThese findings of violation will be considered prior offenses in any subsequent\nenforcement action taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Items 1 and 2 for violations of\n49 C. F. R. $$ 192. 605 and 192. 615. Under 49 U. S. C. $ 60118(a), each person who\nengages in the transportation of gas, hazardous liquids, or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established\nunder Chapter 601. The Director, Western Region, PHMSA has indicated that\nRespondent has taken the following actions specified in the Proposed Compliance Order:\nItem 1: Respondent satisfactorily amended its procedural manual to meet the\nrequirements of 49 C. F. R. $$ 192. 605(a), 192. 605(b), and 192, 605(c), as more\nfully described in the Notice. On April 22, 2005, a PHMSA inspector reviewed\nthe amended procedural manual for compliance with this Item.\nItem 2: Respondent instituted and documented an active and continuing liaison\nprogram to meet the requirements of 49 C. F. R. $$ 192. 603 and 192. 605, as more\nfully described in the Notice. On April 22, 2005, PHMSA's inspector reviewed\nthe amended procedural manual for this Item.\nAccordingly, since compliance has been achieved with respect to these violations, the\ncompliance terms are not included in this Order.\nWARNING ITEMS\nWith respect to Items 3 and 4, the Notice alleged probable violations of 49 C. F. R. $$\n191. 17 and 192. 465, as more fully described in the Notice, but did not propose a civil\npenalty or compliance order for these items. Therefore, these are considered to be\nwarning items. The warnings were for:\nItem 3: 49 C, F. R. $ 191. 17 — Respondent's alleged failure to submit\nAnnual Reports for specified years; and\nItem 4: 49 C. F. R. $ 192. 465(b) — Respondent allegedly exceeded the\nmaximum interval for inspections of rectifier monitoring on the Union\nIsland pipeline.\n\n\n\nIn the Response, Respondent indicated that it would take actions to address the\ncited items. Having considered such information, I find, pursuant to 49 C F. R. $\n190. 205, that probable violations of 49 C, F. R. $ $ 191. 17 (Notice Item 3) and\n192. 465(b) (Notice Item 4) have occurred and Respondent is hereby advised to\ncorrect such conditions. In the event that PHMSA finds a violation of either of\nthese Items in a subsequent inspection, Respondent may be subject to future\nenforcement action.\nThe terms and conditions of this Final Order are effective on receipt.\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":9460}