{"operation":"document","citation":"CPF 520105002","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":"2010-02-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.567(b)(1), 195.577(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520105002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520105002","body":"Notice of Probable Violation involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.567(b)(1),  195.577(a). The case was opened on 2010-02-12 and is reported as closed as of 2010-12-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520105002_Final Order_12132010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_Final%20Order_12132010.pdf\n\n520105002_Final Order_12132010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_Final%20Order_12132010_text.pdf\n\n520105002_NOPV PCO_02122010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_NOPV%20PCO_02122010.pdf\n\n520105002_NOPV PCO_02122010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_NOPV%20PCO_02122010_text.pdf\n\n520105002_operator_response_03112010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_operator_response_03112010.pdf\n\n520105002_Final Order_12132010_text.pdf\n\nDEC 13 2010\nMr. Brian Coffman\nPresident\nConocoPhillips Pipe Line Company\nRoom TA 02-2010\n600 North Dairy Ashford Road\nHouston, TX 77079\nRe: CPF No. 5-2010-5002\nDear Mr. Coffman:\nEnclosed please find the Final Order issued in the above-referenced case. It withdraws the\nallegation of violation and the proposed compliance order. This enforcement action is now\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided 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: Mr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Todd Tullio\nManager, Regulatory Compliance\nConocoPhillips Pipe Line Company\nRoom TN-5022\n600 North Dairy Ashford Road\nHouston, TX 77079\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0041 0824]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nConocoPhillips Pipe Line Company, ) CPF No. 5-2010-5002\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn June 15-19, 2009, 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 of ConocoPhillips Pipe Line\nCompany (ConocoPhillips or Respondent). Specifically, the inspection involved the Pioneer\nPipeline System in Utah and Wyoming.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated February 12, 2010, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that ConocoPhillips had violated 49 C.F.R. § 195.577(a). The Notice also proposed\nfinding that Respondent had committed another probable violation of 49 C.F.R. Part 195 and\nwarning Respondent to take appropriate corrective action or be subject to future enforcement\naction.\nConocoPhillips responded to the Notice by letter dated March 11, 2010 (Response). The\ncompany contested the allegation and offered additional information in response to the Notice.\nRespondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.577(a), which states in\nrelevant part:\n§ 195.577 – What must I do to alleviate interference currents?\n(a) For pipelines exposed to stray currents, you must have a program\nto identify, test for, and minimize the detrimental effects of such currents.\n\n\n\n2\nThe Notice alleged that ConocoPhillips violated § 195.577(a) by failing to have a program to\nidentify, test for, and minimize the detrimental effects of stray currents. Specifically, the Notice\nalleged that, during the inspection, the company did not provide interference testing records or\npolarized potential, close internal survey readings in an area that was likely exposed to stray\ncurrents.\nIn its Response, ConocoPhillips objected to the allegation and provided evidence demonstrating\nthat it had in fact met the requirements of § 195.577(a). Specifically, the company submitted\nrecords indicating that, since 2002, it has used a critical bond to alleviate interference currents in\nthe area of concern.\nAccordingly, after considering all of the evidence, I find that Respondent did not violate\n§ 195.577(a) as alleged in the Notice. Based upon the foregoing, I hereby order that Item 2 be\nwithdrawn. Because this Item is being withdrawn, the corresponding terms of the proposed\ncompliance order are not included in this Order.\nPlease be advised that operators must provide PHMSA inspectors with required records at the\ntime of inspection, and failure to do so could be a violation of § 195.589(c) that could result in a\nseparate allegation of violation and appropriate sanction.1\nWARNING ITEM\nWith respect to Item 1, the Notice alleged a probable violation of Part 195 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 195.567 (Item 1) ─ Respondent’s alleged failure to maintain the test\nlead wires in a condition that enabled the operator to obtain electrical\nmeasurements to determine whether cathodic protection complied with § 195.571.\nAccordingly, I find, pursuant to 49 C.F.R. § 190.205, that a probable violation of 49 C.F.R.\n§ 195.567 (Notice Item 1) has occurred, and Respondent is hereby advised to correct such\nconditions. In the event that OPS finds a violation of this provision in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n1 See § 190.203(a).","truncated":false,"body_characters":6200}