# VENOCO, INC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 191.17(a), 192.465(b), 192.603(b), 192.605(a).
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- **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.

Official case documents:

520030011_FiinalOrderClosure_01242008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030011/520030011_FiinalOrderClosure_01242008.pdf

520030011_fiinalorderclosure_01242008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520030011/520030011_fiinalorderclosure_01242008_text.pdf

520030011_fiinalorderclosure_01242008_text.pdf

O
U S Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Ave 5 E
Washington DG 20590
JAN 24 Zao8
William Schneider
President
Venoco, Inc.
370 17'" Street, Suite 390
Denver, CO 80202-1370
Re: CPF No, 5-2003-0011
Dear Mr. Schneider:
Enclosed is the Final Order issued in the above-referenced case, It makes findings of violation
and finds that the actions specified in the Notice have been completed as required to comply with
the pipeline safety regulations, This case is now closed. Your receipt of the Final Order
constitutes service of that document under 49 C. F. R. ) 190. 5.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Chris Hoidal, P. E.
, Director, Western Region, PHMSA
Mr. Keith Wenal
Safety Manager
Venoco, Inc.
6267 Carpinteria Avenue, Suite 100
Carpinteria, CA 93013
CERTIFIED MAIL — RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
Venoco, Inc.
,
1
Respondent
)
)
)
)
)
)
)
) CPF No. 5-2003-0011
FINAL ORDER
From April 29 to May 2, 2002 and July 8 to July 10, 2002, pursuant to $ 49 U. S. C.
60117, representatives of the Pipeline and Hazardous Materials Safety Administration's
(PHMSA's) Office of Pipeline Safety conducted an on-site pipeline safety inspection of
the facilities and records of Respondent's Union Island pipeline and Bay Point to Avon
Refinery pipeline near Tracy, California. As a result of the inspection, the Director,
Western Region, PHMSA, issued to Respondent, by letter dated July 11, 2003, a Notice
of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49
C. F, R. ) 190. 207, the Notice proposed finding that Respondent had committed violations
of 49 C. F. R. Part 192 and ordering Respondent to take certain measures to correct the
alleged violations, In addition, the Notice contained a warning that Respondent had
committed certain other probable violations of 49 C. F. R. $$ 191. 17 and 192. 465(b) and
advised Respondent to take appropriate corrective action.
' This action was origmally brought against Tesoro Corporation In a September 15, 2003 correspondence
to PHMSA, ConocoPhillips Company stated that it "acquired the Phillips Petroleum Company, which had
previously acquned the Tosco Corporation, which was operating the Umon Island and Bay Pomt to Avon
pipelmes " As a result of this acquisition, ConocoPhillips became the operator of the two pipeline systems
By letter dated February 2, 2006, Venoco, Inc.
,
informed PHMSA that it had acquired the two subject
pipeline segments, effective December 2005, and that the Bay Point to Avon Refinery pipeline had been
deactivated.
Effectiv February 20, 2005, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
succeeded Research and Special Programs Admimstration as the agency responsible for regulatmg safety in
pipeline transportation and hazardous matenals transportation, See, section 108 of the Norman Y Mineta
Research and Special Programs Improvement Act (Public Law 108-426, 118 Stat. 2423-2429 (November
30, 2004)) See also, 70 Fed Reg 8299 (February 18, 2005) redelegating the pipeline safety authonties
and functions to the PHMSA Administrator



ConocoPhillips Company responded to the Notice by letter dated September 15, 2003
(Response). Respondent did not contest the allegations of violation but provided
information concerning the corrective actions it had taken. Respondent did not request a
hearing, and therefore has waived its right to one,
FINDINGS OF VIOLATION
In its Response, Respondent did not contest the allegations in the Notice that it had
violated 40 C. F. R. Part 192, as follows
Item 1 in the Notice alleged that Respondent violated 49 C. F. R. $ 192. 605(a), which
states:
g 192. 605 Procedural manual for operations, maintenance,
and emergencies.
(a) General Each operator shall prepare and follow for each pipeline, a
manual of written procedures for conducting normal operations and maintenance
activities and for emergency response. For transmission lines, the manual must
also include procedures for handling abnormal operations. This manual must be
reviewed and updated by the operator at intervals not exceeding 15 months, but at
least once each calendar year. This manual must be prepared before operations of
a pipeline system commence. Appropriate parts of the manual must be kept at
locations where operations and maintenance activities are conducted. .
Specifically, the Notice alleged that Respondent's operations and maintenance manual
required under $ 192. 605(a) failed to include various safety procedures required under 49
C. F. R. $$ 192. 605(b)(2), 192, 453, 192. 455, 192. 457, 192. 471, 192. 605(c)(2),
192. 615(a)(9), and 192. 615(c). Inasmuch as the Respondent did not contest these
allegations, I find that Respondent, at the time of inspection, violated 49 C. F. R. )
192. 605(a) by failing to have a written procedural manual for conducting operations and
maintenance activities and for emergency response, as more fully described in the Notice.
Also, Respondent could not produce documentation that it had reviewed and updated its
manual at intervals not exceeding 15 months, but at least once each calendar year, for the
Union Island pipeline between 1996 and 2002 and for the Bay Point to Avon Refinery
pipeline for the year 2000.
Item 2 in the Notice alleged that Respondent violated 49 C. F. R. $ 192. 603(b), which
states:
g 192. 603 General provisions.
(a) "
(b) Each operator shall keep records necessary to admimster the
procedures established under ) 192. 605.



Specifically, the Notice alleged that Respondent failed to provide documentation that it
had maintained liaison with appropriate fire, police, and other public officials between
1996 and 2002 for the Union Island pipeline and between 2000 and 2002 for the Bay
Point to Avon Refinery pipeline. Accordingly, I find that Respondent violated 49 C, F. R.
$ 192. 603(b) for failing to keep records necessary to administer the procedures
established under 49 C. F. R. ) 192. 605.
These findings of violation will be considered prior offenses in any subsequent
enforcement action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a Compliance Order with respect to Items 1 and 2 for violations of
49 C. F. R. $$ 192. 605 and 192. 615. Under 49 U. S. C. $ 60118(a), each person who
engages in the transportation of gas, hazardous liquids, or who owns or operates a
pipeline facility is required to comply with the applicable safety standards established
under Chapter 601. The Director, Western Region, PHMSA has indicated that
Respondent has taken the following actions specified in the Proposed Compliance Order:
Item 1: Respondent satisfactorily amended its procedural manual to meet the
requirements of 49 C. F. R. $$ 192. 605(a), 192. 605(b), and 192, 605(c), as more
fully described in the Notice. On April 22, 2005, a PHMSA inspector reviewed
the amended procedural manual for compliance with this Item.
Item 2: Respondent instituted and documented an active and continuing liaison
program to meet the requirements of 49 C. F. R. $$ 192. 603 and 192. 605, as more
fully described in the Notice. On April 22, 2005, PHMSA's inspector reviewed
the amended procedural manual for this Item.
Accordingly, since compliance has been achieved with respect to these violations, the
compliance terms are not included in this Order.
WARNING ITEMS
With respect to Items 3 and 4, the Notice alleged probable violations of 49 C. F. R. $$
191. 17 and 192. 465, as more fully described in the Notice, but did not propose a civil
penalty or compliance order for these items. Therefore, these are considered to be
warning items. The warnings were for:
Item 3: 49 C, F. R. $ 191. 17 — Respondent's alleged failure to submit
Annual Reports for specified years; and
Item 4: 49 C. F. R. $ 192. 465(b) — Respondent allegedly exceeded the
maximum interval for inspections of rectifier monitoring on the Union
Island pipeline.



In the Response, Respondent indicated that it would take actions to address the
cited items. Having considered such information, I find, pursuant to 49 C F. R. $
190. 205, that probable violations of 49 C, F. R. $ $ 191. 17 (Notice Item 3) and
192. 465(b) (Notice Item 4) have occurred and Respondent is hereby advised to
correct such conditions. In the event that PHMSA finds a violation of either of
these Items in a subsequent inspection, Respondent may be subject to future
enforcement action.
The terms and conditions of this Final Order are effective on receipt.
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Date Issued
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