{"operation":"document","citation":"CPF 520041013","title":"AERA ENERGY LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-03-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.281(e), 192.283(d), 192.285(d), 192.287.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520041013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520041013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520041013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520041013","body":"Notice of Probable Violation involving AERA ENERGY LLC. PHMSA's enforcement data identifies the cited regulations as 192.281(e),  192.283(d),  192.285(d),  192.287. The case was opened on 2004-03-26 and is reported as closed as of 2006-05-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520041013_final order_05172006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520041013/520041013_final%20order_05172006.pdf\n\nCPF_NO_5-2004-1013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520041013/CPF_NO_5-2004-1013.pdf\n\n520041013_final order_05172006.pdf\n\n400 Seventh Street, S.W.\nU.S. Department Washington, D.C. 20590\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\nMAY 1 7 2090\nMr. Eugene J. Voiland\nPresident and CEO\nAera Energy LLC\n10000 Ming Avenue\nBakersfield, CA 93 1 1\nRe: CPF No. 5-2004- 10 13\nDear Mr. Voiland:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and finds that Aera Energy LLC\nhas completed the actions specified in the Notice required to comply with the pipeline safety\nregulations. This case is now closed. Your receipt of the Final Order constitutes service\nunder 49 C.F.R. § 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Frank Curnmings\nManager, Environmental, Safety & Health\nAera Energy LLC\nMark K. Poe\nEnvironment, Health & Safety Advisor\nAera Energy LLC\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nAera Energy LLC, CPF NO. 5-2004-1013\nRespondent\nFINAL ORDER\nOn July 29,2003,' pursuant to 49 U.S.C. 9 601 17, a representative of the Pipeline and Hazardous\nMaterials Safety Administration's (PHMSA) Office of Pipeline Safety conducted an on-site\npipeline safety inspection of the Aera Energy LLC (Respondent) pipeline facilities and records in\nHuntington Beach, California.\nAs a result of the inspection, the Director, Western Region, PHMSA, issued to Respondent, by\nletter dated March 26, 2004, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. 9 190.207, the Notice proposed finding that Respondent\nhad violated sections of 49 C.F.R. Part 192 and proposed that Respondent take certain measures\nto correct the alleged violation.\nRespondent responded to the Notice by letter dated April 27,2004 (Response). Respondent did\nnot contest with the allegation of violation and submitted information concerning the corrective\nactions it has taken including copies of revised sections of its operations and maintenance\nprocedures manual. Respondent did not request a hearing, and therefore has waived its right to\none.\nFINDING OF VIOLATION\nRespondent did not contest the violation alleged in the notice. Accordingly, I find that\nRespondent violated the following sections of 49 C.F.R. Part 192 as more fully described in the\nNotice:\n1) 49 C.F.R. 192.605-failing to have in its written manual for operations, maintenance, and\nemergencies the following procedures:\n'\nThe March 26,2004 Notice of Proposed Violation and Proposed Compliance Order states that the on-site pipeline\nsafety inspection occurred on July 29,2003; however, the Respondent's April 27, 2004 Response states that the\ninspection occurred on April 29,2003.\n\n\n\nla) 49 C.F.R. 5 192.28 1-procedures for conducting plastic pipe joining;\nlb) 49 C.F.R. 5 192.283-procedures for qualifying plastic pipe joining methods;\nlc) 49 C.F.R. $192.285-procedures for qualifying personnel to make plastic pipe joints;\nand\nId) 49 C.F.R. 5192.287-procedures for inspecting and evaluating plastic pipe joints.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order for violation of the regulations listed above. Under\n49 U.S.C. 60118(a), each person who engages in the transportation of gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder Chapter 601. Respondent stated in its Response that, since the inspection, it has amended\nits procedures for the plastic pipelines, and included copies of the pertinent section of its\noperations and maintenance manual. The Regional Director has reviewed the revised manual\nsections and has determined that the revisions addressed the proposed compliance actions.\nAccordingly, since compliance has been achieved with respect to this violation, the compliance\nterms are not included in this Order.\nThe terms and conditions of this Final Order are effective on receipt.\nn\nfi Sta e Ger d\nMAY 1 7 306\nDate Issued","truncated":false,"body_characters":4870}