CPF 520095014M
CPF 520095014M
party submissionOfficial PDF520095014M_operator response_04152009.pdf#
520095014M_notice of amendment_03172009_text.pdf, page 1Official PDFNOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 17, 2009 Ms. Meg A. Yaege General Manager of Pipelines and Terminals ConocoPhillips Pipe Line Company 600 North Dairy Ashford St., TA 2010 Houston, TX 77079-1100 CPF 5-2009-5014M Dear Ms. Yaege: On October 31, 2008, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, met with your staff to discuss pending repairs to the Denver-Chase pipeline system. On the basis of this meeting and subsequent correspondence dated November 17, 2008 from ConocoPhillips (CPPL) with regard to this matter, PHMSA has identified the apparent inadequacy found within CPPL’s plans or procedures, as described below: 1. § 195.452 Pipeline integrity management in high consequence areas. (h) What actions must an operator take to address integrity issues? (3) Schedule for evaluation and remediation. An operator must complete remediation of a condition according to a schedule prioritizing the conditions for evaluation and remediation. If an operator cannot meet the schedule for any condition, the operator must explain the reasons why it cannot meet the schedule#
520095014M_notice of amendment_03172009_text.pdf, page 2and how the changed schedule will not jeopardize public safety or environmental protection. CPPL procedures do not ensure that in the event an anomaly condition is not repaired according to the schedule for the condition, and the operator is unable to reduce pressure, that the operator explains the reasons why it cannot meet the schedule and how the changed schedule will not jeopardize public safety or environmental protection. CPPL procedures are not in compliance with § 195.452 (h)(3). Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. 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). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. In correspondence concerning this matter, please refer to CPF 5-2009-5014M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 2#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.