# FREEPORT-MCMORAN OIL & GAS — Warning Letter

- **operation:** document
- **citation:** CPF 520090026W
- **title:** FREEPORT-MCMORAN OIL & GAS — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2009-11-09
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.616(g).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520090026w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520090026w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520090026w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520090026W
**body:**

Warning Letter involving FREEPORT-MCMORAN OIL & GAS. PHMSA's enforcement data identifies the cited regulation as 192.616(g). The case was opened on 2009-11-09 and is reported as closed as of 2009-11-09. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520090026W_operator response_11202009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090026W/520090026W_operator%20response_11202009.pdf

520090026W_warning letter_11092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090026W/520090026W_warning%20letter_11092009.pdf

520090026W_warning letter_11092009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090026W/520090026W_warning%20letter_11092009_text.pdf

520090026W_warning letter_11092009_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
November 9, 2009
Mr. David Rose
Environmental Health and Safety
Plains Exploration and Production (PXP)
201 South Broadway
Orcutt, CA 93455
CPF 5-2009-0026W
Dear Mr. Rose:
On September 1-2, 2009, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your
written procedures contained within your Operations and Maintenance (O&M) Procedural
Manuals for the LOGP to SOCAL gas system. Our representative also reviewed records to
ensure that the O&M procedures were properly implemented. These procedures and records
review were conducted at your Orcutt, California office.
As a result of the inspection, it appears that Plains Exploration and Production (PXP) has
committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal
Regulations. The item inspected and the probable violation is:
1. §192.616 Public Awareness
(g) The program must be conducted in English and in other languages commonly
understood by a significant number and concentration of the non-English
speaking population in the operator's area.



PXP must ensure the public awareness messages are delivered in both English and
Spanish languages. PXP follows API 1162 recommended message deliveries for its
stakeholders. However, these messages are delivered in the English language only.
The other commonly language understood by a significant number of the population in
the LOGP to SOCAL area is Spanish.
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 Plains Exploration and Production 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 5-2009-0026W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe 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 qualify for confidential treatment redacted and an explanation of why
you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 H. Monfared (#123247)
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