{"operation":"document","citation":"CPF 520070014W","title":"FREEPORT-MCMORAN OIL & GAS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-04-17","effective_on":null,"summary":"CLOSED warning letter citing 192.614.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520070014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520070014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520070014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520070014W","body":"Warning Letter involving FREEPORT-MCMORAN OIL & GAS. PHMSA's enforcement data identifies the cited regulation as 192.614. The case was opened on 2007-04-17 and is reported as closed as of 2007-04-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520070014W_warning letter_04172007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070014W/520070014W_warning%20letter_04172007.pdf\n\n520070014w_warning letter_04172007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070014W/520070014w_warning%20letter_04172007_text.pdf\n\n520070014w_warning letter_04172007_text.pdf\n\nU. S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n12300 W Dakota Ave, Suite 110\nLakewood, CO 80228\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nApril 17, 2007\nMr. Steven P. Rusch\nVice President\nPlains Exploration & Production Company (PXP)\n5640 South Fairfax Ave\nLos Angeles, CA 90056\nSENT TO COMPLIANCE REGISTRY\nHardcopy Electronic all\n0 of Copies 3 I Date 4 ~/0'7\nCPF 5-2007-0014W\nDear Mr. Rusch:\nOn March 2, 2007, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) was notified by a representative of the state of California Division\nof Oil, Gas and Geothermal Resources that a pipeline release occurred due to third party\ndamage on February 14, 2007 in Inglewood, CA. Pursuant to Chapter 601 of 49 United States\nCode our staff contacted your personnel at the Inglewood facility to determine the\ncircumstances surrounding the incident.\nAs a result of the inquiry, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation is:\n1. 192. 614 Damage Prevention Program.\n(a) except as provided in paragraphs (d) and (e) of this section, each operator of a\nburied pipeline must carry out, in accordance with this section, a written program\nto prevent damage to that pipeline from excavation activities.\nPXP personnel were working on a road within the PXP Inglewood facility when they\nhit a 12\" natural gas line owned by the Gas Company. Natural gas was released, and\nfortunately there were no injuries, fatalities, explosion or fire. The Gas Company was\n\n\n\nnot notified of the intended excavation either by the One-Call system or directly by\nPXP. PXP knew the existence of the gas line owned by the Gas Company, but\nwrongly assumed the depth of the cover.\nUnder 49 United States Code, $ 60122, you are subject to a civil penalty not to exceed $100, 00\nfor each violation for each day the violation persists up to a maximum of $1, 000, 000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item identified in this letter.\nFailure to do so will result PXP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2007-0014W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material quali6es for confidential treatment under 5 U. S. C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U. S. C.\n552(b).\nSincerely,\nC ' oidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen","truncated":false,"body_characters":3871}