{"operation":"document","citation":"CPF 520095013","title":"PHILLIPS 66 PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-02-19","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.401(b), 195.402(c)(13), 195.420(a), 195.420(b), 195.428(a), 195.54(b), 195.583(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095013","body":"Notice of Probable Violation involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.401(b),  195.402(c)(13),  195.420(a),  195.420(b),  195.428(a),  195.54(b),  195.583(c). The case was opened on 2009-02-19 and is reported as closed as of 2009-10-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520095013_Final Order_10292009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095013/520095013_Final%20Order_10292009.pdf\n\n520095013_Final Order_10292009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095013/520095013_Final%20Order_10292009_text.pdf\n\n520095013_NOPV PCO_02192009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095013/520095013_NOPV%20PCO_02192009.pdf\n\n520095013_NOPV PCO_02192009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095013/520095013_NOPV%20PCO_02192009_text.pdf\n\n520095013_operator response_03062009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095013/520095013_operator%20response_03062009.pdf\n\n520095013_Final Order_10292009_text.pdf\n\nOCT 29 2009\nMs. Meg Yeage\nPresident\nConocoPhillips Pipe Line Company\n600 North Dairy Ashford\nTA 2010\nHouston, TX 77079\nRe: CPF No. 5-2009-5013\nDear Ms. Yeage:\nEnclosed is the Final Order issued in the above-referenced case. It makes a finding of violation\nand finds that the ConocoPhillips Pipe Line Company has completed the actions specified in the\nNotice required to comply with the pipeline safety regulations. This case is now closed. Your\nreceipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Chris Hoidal, Director, Western Region\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2464 5744]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n________________________________\n)\nIn the Matter of )\n)\nConocoPhillips Pipe Line Company, ) CPF No. 5-2009-5013\n)\nRespondent. )\n________________________________)\nFINAL ORDER\nFrom August 11-15, 2008, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS)\nconducted an on-site pipeline safety inspection of the facilities and records of ConocoPhillips\nPipe Line Company (CPPL or Respondent) in Montana. CPPL operates over 11,000 miles of\ncrude oil and petroleum products pipelines throughout the United States. The inspection was\nfocused on CPPL’s Glacier pipeline system between Billings and Cut Bank, Montana.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated February 19, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent had violated 49 C.F.R. § 195.54 and proposed ordering Respondent to\ntake certain measures to correct the alleged violation. The Notice also proposed finding that\nRespondent had committed certain probable violations of 49 C.F.R. Part 195 and warning\nRespondent to take appropriate corrective action to address them or be subject to future\nenforcement action.\nCPPL responded to the Notice by letter dated March 6, 2009 (Response). Respondent did not\ncontest the allegation of violation and provided information concerning the corrective actions it\nhas taken. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.54(a), which states:\n§ 195.54 Accident reports.\n\n\n\n2\n(a) Each operator that experiences an accident that is required to be\nreported under § 195.50 shall as soon as practicable but not later than 30\ndays after discovery of the accident, prepare and file an accident report on\nDOT Form 7000-1, or a facsimile.\nThe Notice alleged that Respondent failed to comply with § 195.54(a) by failing to accurately\nprepare an accident report on DOT Form 7000-1. Specifically, the Notice alleged that CPPL\nmarked its accident report “complete,” when the company had not determined the cause of a leak\nof crude oil from the Glacier Pipeline on the grounds of the Billings refinery, discovered on\nOctober 9, 2007.\n1\nCPPL did not contest this allegation. In its Response, CPPL explained that it had conducted\ntesting of the pipeline to attempt to determine the location of the leak, but was unable to fully\nexcavate the area due to the presence of other pipes, cement piers, and electrical conduits in the\narea of the line, and a concrete slab immediately above the line. CPPL explained that the leak\nwas likely caused by external corrosion, brought on by a coating defect that undermined the\neffectiveness of cathodic protection on the pipe. Respondent stated that it would submit an\nupdated accident report to reflect that external corrosion was the suspected cause of the leak.\nAfter the leak, Respondent took the line out of service and filled it with grout.\nRespondent should have indicated the cause of the leak in its original accident report. Instead,\nCPPL listed the cause of the leak as “unknown” and stated that its investigation was “complete.”\nIt is important that CPPL determine the cause of failures so that actions can be taken to prevent\nsimilar failures in the future.\nAccordingly, I find that Respondent violated 49 C.F.R. § 195.54(a) by failing to accurately\nprepare an accident report on DOT Form 7000-1. This finding of violation will be considered a\nprior offense in any subsequent enforcement action taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49\nC.F.R. § 195.54(a). Under 49 U.S.C. § 60118(a), each person who engages in the transportation\nof hazardous liquids or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director has indicated that\nRespondent has taken the following actions specified in the proposed compliance order:\nOn August 25, 2009, CPPL submitted a revision to its accident report to reflect the\nsuspected cause of the Glacier Pipeline leak.\nAccordingly, since compliance has been achieved with respect to this violation, the compliance\nterms are not included in this Order.\n1 See Hazardous Liquid Pipeline System Accident Report No. 20070305, filed with OPS on October 31, 2007.\n\n\n\n3\nWARNING ITEMS\nWith respect to Items 2, 3, 4, 5, 6, and 7, the Notice alleged probable violations of Part 195 but\ndid not propose a civil penalty or compliance order for these items. Therefore, these are\nconsidered to be warning items. The warnings were for:\n49 C.F.R. § 195.401(b) (Notice Item 2) ─ Respondent’s alleged failure to evaluate\nthe condition of pipe whose coating had been damaged during a pipeline\nmodification project;\n49 C.F.R. § 195.402(c)(13) (Notice Item 3) ─ Respondent’s alleged failure to\nhave an adequate process for conducting periodic reviews of the work done by\nCPPL personnel to determine the effectiveness of operation and maintenance\nprocedures;\n49 C.F.R. § 195.420(a) (Notice Item 4) ─ Respondent’s alleged failure to\nmaintain several pipeline valves in good working order by failing to have valve\nposition indicators on the valves;\n49 C.F.R. § 195.420(a) - (b) (Notice Item 5) ─ Respondent’s alleged failure to\nmaintain certain valves in good working order or failure to document any\ncorrective actions taken as a result of known valve deficiencies;\n49 C.F.R. § 195.428(a) (Notice Item 6) ─ Respondent’s alleged failure to inspect\nand test certain pressure control devices within the prescribed time period; and\n49 C.F.R. § 195.583(c) (Notice Item 7) ─ Respondent’s alleged failure to take\naction to monitor or correct known atmospheric pipeline corrosion.\nI find, pursuant to 49 C.F.R. § 190.205, that probable violations of 49 C.F.R. Part 195 have\noccurred and Respondent is hereby advised to correct such conditions. In the event that OPS\nfinds a violation for any of these items in a subsequent inspection, Respondent may be subject to\nfuture enforcement action.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8579}