# LINN WESTERN OPERATING, INC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 520050022
- **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:** 2005-10-26
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.227(b), 192.465(d), 192.475(b)(3), 192.479(c)(2), 192.605(a), 192.605(b)(8), 192.605(c)(4), 192.616, 192.743(c), 192.745(a), 192.745(b), 192.751(c).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520050022
**body:**

Notice of Probable Violation involving LINN WESTERN OPERATING, INC. PHMSA's enforcement data identifies the cited regulations as 192.227(b),  192.465(d),  192.475(b)(3),  192.479(c)(2),  192.605(a),  192.605(b)(8),  192.605(c)(4),  192.616,  192.743(c),  192.745(a),  192.745(b),  192.751(c). The case was opened on 2005-10-26 and is reported as closed as of 2007-02-20. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520050022_final order_02202007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050022/520050022_final%20order_02202007.pdf

520050022_final order_02202007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050022/520050022_final%20order_02202007_text.pdf

CPF_NO_5-2005-0022.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050022/CPF_NO_5-2005-0022.pdf

520050022_final order_02202007_text.pdf

U. S. Department
of Transportation
Pipeline and
Hazardous HLaterials Safety
Administration
FEB 20 2007
400 Seventh Street, S W
Washington, 0 C 20590
Timothy Collins
President
Blacksand Energy, Inc
1801 Broadway, Suite 600
Denver, CO 80202
Re: CPF No. 5-2005-0022
Dear Mr. Collins;
Enclosed is the Final Order issued by the Acting Associate Administrator for Pipeline Safety
in the above-referenced case. It makes findmgs of violation and finds that you have completed
the actions specified in the Notice required to comply with the pipehne safety regulations. The
Final Order also finds that you have addressed the inadequacies in your procedures that were
cited m the Notice of Amendment. This case is now closed. Your receipt of the Final Order
constitutes service under 49 C. F. R. f 190. 5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
PHMSA-Office of Pipehne Safety
Enclosure
cc: Mr. Chris Hoidal, P. E.
,
Director Western Region, PHMSA
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
Blacksand Energy, Inc.
,
Respondent
CPF No. 5-2005-0022
FINAL ORDER
Between March 28 through March 31, 2005, pursuant to 49 U. S. C. $ 60117, a representative of
the Pipeline and Hazardous Materials Safety Admmistration's (PHMSA's)' Office of Pipeline
Safety conducted an on-site pipehne safety inspection of Respondent's Brea to Olinda Pipeline
facilities, manuals, and records m Brea, California, As a result of the inspection, the Director,
Western Region, PHMSA, issued to Respondent, by letter dated October 26, 2005, a Notice of
Probable Violation, Proposed Compliance Order, and Notice of Amendment (Notice). In
accordance with 49 C. F. R. ) 190. 207, the Notice proposed findmg that Respondent committed
violations of 49 C. F. R. Part 192 and proposed ordering Respondent to take certain measures to
correct the alleged violations The Notice also proposed, in accordance with 49 C, F. R.
$ 190. 237, that Respondent amend its procedures/plans.
On November 23, 2005, Respondent requested an extension and PHMSA's Regional Director
granted a 60-day extension of time to respond in a letter dated December 1, 2005 Respondent
responded to the Notice by letter dated January 25, 2006 (Response). Respondent did not contest
the allegations of violation and offered information concerning the corrective actions it has
taken. Respondent did not request a hearing, and therefore has waived its right to one.
' Effective February 20, 2005, the Pipeline and Hazardous Matenals Safety Adnunistranon (PHMSA) succeeded
Research and Special Programs Adnnnistration as the agency responsible for regulating safety in pipehne
transportation and hazardous materials transportation See, section 108 of the Norman Y Mmeta Research and
Special Programs Improvement Act (Pubhc Law 108426, 118 Stat. 2423-2429 (November 30, 2004)) See also, 70
Fed. Reg. 8299 (February 18, 2005) redelegating the pipeline safety authorities and functions to the PHMSA
Adnunistrator.



FINDINGS OF VIOLATION
(Uncontested)
In its Response, Respondent did not contest the alleged violations m the Notice. Accordingly, I
find that Respondent violated the following sections of 49 C. F. R. Part 192, as more fully
described in the Notice:
Item 1 - 49 C. F. R. f 192. 745(a-b) — failing to properly maintain transmission line valve;
Item 2 - 49 C. F. R. $ 192 479(a-c) — failmg to maintain the appropriate atmospheric
protection on a short above ground section of pipeline,
Item 6 - 49 C. F. R. $ 192. 605(a) — failing to follow its procedures that were in place at the
time; and
Item 12 - 49 C. F. R. $ 192. 475(b)(1-3) -failing to inspect for atmospheric corrosion
within rnaxirnum intervals,
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
C MPLIANCE ORDER
The Notice proposed a Compliance Order with respect to Items 1, 2, 6, and 12 in the Notice for
violations of 49 C. F. R. f 192. 745(a-b) (Notice Item 1), 49 C. F. R. f 192. 479(a-c) (Notice Item 2),
49 C. F. R. f 192. 605(a) (Notice Item 6), and 49 C. F. R. f 192 475(b)(l-3) (Notice Item 12)
Under 49 U. S. C. f 60118(a), each person who engages in the transportation of gas 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 - 49 C. F. R. f 192. 745(a-b) — new valve has been installed;
Item 2 - 49 C, F. R. $ 192. 479(a-c) — pipeline has been cleaned and coated for atmosphere
corrosion;
Item 6 - 49 C F R. $ 192 605(a) — procedure 11 01, section 4. 2 has been removed from
manual (not required); and
Item 12 - 49 C. F. R. f 192. 475(b)(1-3) — the latest corrosion coupon evaluation reports
showed minimal loss and Respondent is currently looking mto options such as injecting
corrosion inhibitors with its contract chemical company
Accordingly, since compliance has been achieved with respect to these violations, the
compliance terms are not included in this Order.



AMENDMENT OF PROCEDURES
Notice Items 3, 5, 8, 9, and 13 alleged inadequacies in Respondent's procedures/plans and
proposed to require amendment of Respondent's procedures to comply with the requirements of
49 C. F. R $ 192 227(a-b) (Notice Item 3), 49 C F. R. $ 192. 743(a-c) (Notice Item 5), 49 C. F. R.
$ 192. 605(c)(2) and (4) (Notice Item 8), 49 C. F. R. ) 192. 605 (b)(8) (Notice Item 9), 192. 751(a-
c) (Notice Item 13), as fully described in the Notice
In its Response, Respondent submitted copies of its amended procedures, which the Director,
Western Region, PHMSA reviewed. Accordingly, based on the results of this review, I find that
portions of Respondent's original procedures as described in the Notice were inadequate
according to the requirements of )190. 237, but that Respondent has corrected the identified
inadequacies. No need exists to issue an Order Directing Amendment.
WARNING ITEMS
The Notice did not propose a civil penalty or corrective action for Notice Item 4 (49 C. F. R.
) 192. 745(a), Notice Item 7 (49 C. F. R. ) 192. 616), Notice Item 10 (49 C. F. R. ( 192. 605(a)) and
Notice Item 11 (49 C. F. R. ( 192. 465(d)) but warned Respondent that it should take appropriate
corrective action to correct the items. In its Response, Respondent stated that it has taken action
towards addressing the Notice Items 4 and 10. With respect to Notice Items 7 and 11,
Respondent indicates it is working to develop the proper action for comphance. Respondent is
again warned that if PHMSA finds a violation for any of these items in a subsequent inspection,
enforcement action will be taken.
The terms and conditions of this Final Order are effective on receipt.
FEB 20 007
Date Issued
Je
A in
r
y Wiese
Associate Administrator
ipeline Safety
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