# HOLLY ENERGY PARTNERS - OPERATING, L.P. — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 195.442(c)(3).
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- **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.

Official case documents:

520085020W_warning letter_07082008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085020W/520085020W_warning%20letter_07082008.pdf

520085020w_warning letter_07082008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085020W/520085020w_warning%20letter_07082008_text.pdf

520085020w_warning letter_07082008_text.pdf

O
U. S. Department
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
12300 W Dakota Ave, Suite 110
Lakewood, CO 80228
WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT RE UESTED
July 8, 2008
Mark Cunningham
Vice President
Holly Energy Partners-Operating, L P
100 Crescent Court, Suite 1600
Dallas, TX 75201
CPF 5-2008-5020W
Dear Mr. Cunningham.
On March 24-28, 2008, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your
pipehne facilities and records in Mt. Home, Idaho.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations The item inspected and the
probable violation is.
$195. 442 Damage Prevention Program.
(c) The damage prevention program required by paragraph (a) of this section
must, at a minimum:
(3) Provide a means of receiving and recording notification of planned excavation
activities.
At the time of the inspection, the operator's one-call records only include the planned
excavation notices that may impact the pipehne right of way (ROW). The notices that
did not impact the ROW were not retained. There was no complete record of all one call
tickets and their dispositions. Therefore, PHMSA cannot thoroughly evaluate the
timehness of the operator's response.



Under 49 United States Code, $ 60122, you are subject to a civil penalty not to exceed $100, 000
for each violation for each day the violation persists up to a maximum of $1, 000, 000 for any
related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time We advise you to correct the items identified in this letter
Failure to do so will result in Holly Energy Partners-Operating, L P being subject to additional
enforcement action.
No reply to this letter is required If you choose to reply, in your correspondence please refer to
CPF 5-2008-5020W. Be advised that all material you submit in response to this enforcement
action is subject to being made pubhcly available. If you beheve that any portion of your
responsive material qualifies for confidential treatment under 5 U. S. C 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe quahfy for confidential treatment redacted and an explanation of why you believe
the redacted information quahfies for confidential treatment under 5 U. S. C. 552(b).
Sincerely,
Chris Ho a
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Comphance Registry
PHP-500 B. Brown (¹120794)
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