{"operation":"document","citation":"CPF 520085020W","title":"HOLLY ENERGY PARTNERS - OPERATING, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-07-08","effective_on":null,"summary":"CLOSED warning letter citing 195.442(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520085020W","body":"Warning Letter involving HOLLY ENERGY PARTNERS - OPERATING, L.P.. PHMSA's enforcement data identifies the cited regulation as 195.442(c)(3). The case was opened on 2008-07-08 and is reported as closed as of 2008-07-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520085020W_warning letter_07082008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085020W/520085020W_warning%20letter_07082008.pdf\n\n520085020w_warning letter_07082008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085020W/520085020w_warning%20letter_07082008_text.pdf\n\n520085020w_warning letter_07082008_text.pdf\n\nO\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\nJuly 8, 2008\nMark Cunningham\nVice President\nHolly Energy Partners-Operating, L P\n100 Crescent Court, Suite 1600\nDallas, TX 75201\nCPF 5-2008-5020W\nDear Mr. Cunningham.\nOn March 24-28, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\npipehne facilities and records in Mt. Home, Idaho.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations The item inspected and the\nprobable violation is.\n$195. 442 Damage Prevention Program.\n(c) The damage prevention program required by paragraph (a) of this section\nmust, at a minimum:\n(3) Provide a means of receiving and recording notification of planned excavation\nactivities.\nAt the time of the inspection, the operator's one-call records only include the planned\nexcavation notices that may impact the pipehne right of way (ROW). The notices that\ndid not impact the ROW were not retained. There was no complete record of all one call\ntickets and their dispositions. Therefore, PHMSA cannot thoroughly evaluate the\ntimehness of the operator's response.\n\n\n\nUnder 49 United States Code, $ 60122, you are subject to a civil penalty not to exceed $100, 000\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 items identified in this letter\nFailure to do so will result in Holly Energy Partners-Operating, L P being subject to additional\nenforcement action.\nNo reply to this letter is required If you choose to reply, in your correspondence please refer to\nCPF 5-2008-5020W. Be advised that all material you submit in response to this enforcement\naction is subject to being made pubhcly available. If you beheve that any portion of your\nresponsive material qualifies for confidential treatment under 5 U. S. C 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe quahfy for confidential treatment redacted and an explanation of why you believe\nthe redacted information quahfies for confidential treatment under 5 U. S. C. 552(b).\nSincerely,\nChris Ho a\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Comphance Registry\nPHP-500 B. Brown (¹120794)","truncated":false,"body_characters":3479}