# PHILLIPS 66 PIPELINE LLC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.567(b)(1), 195.577(a).
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- **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.

Official case documents:

520105002_Final Order_12132010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_Final%20Order_12132010.pdf

520105002_Final Order_12132010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_Final%20Order_12132010_text.pdf

520105002_NOPV PCO_02122010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_NOPV%20PCO_02122010.pdf

520105002_NOPV PCO_02122010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_NOPV%20PCO_02122010_text.pdf

520105002_operator_response_03112010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105002/520105002_operator_response_03112010.pdf

520105002_Final Order_12132010_text.pdf

DEC 13 2010
Mr. Brian Coffman
President
ConocoPhillips Pipe Line Company
Room TA 02-2010
600 North Dairy Ashford Road
Houston, TX 77079
Re: CPF No. 5-2010-5002
Dear Mr. Coffman:
Enclosed please find the Final Order issued in the above-referenced case. It withdraws the
allegation of violation and the proposed compliance order. This enforcement action is now
closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Chris Hoidal, Director, Western Region, PHMSA
Mr. Todd Tullio
Manager, Regulatory Compliance
ConocoPhillips Pipe Line Company
Room TN-5022
600 North Dairy Ashford Road
Houston, TX 77079
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0041 0824]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
ConocoPhillips Pipe Line Company, ) CPF No. 5-2010-5002
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On June 15-19, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities of ConocoPhillips Pipe Line
Company (ConocoPhillips or Respondent). Specifically, the inspection involved the Pioneer
Pipeline System in Utah and Wyoming.
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated February 12, 2010, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that ConocoPhillips had violated 49 C.F.R. § 195.577(a). The Notice also proposed
finding that Respondent had committed another probable violation of 49 C.F.R. Part 195 and
warning Respondent to take appropriate corrective action or be subject to future enforcement
action.
ConocoPhillips responded to the Notice by letter dated March 11, 2010 (Response). The
company contested the allegation and offered additional information in response to the Notice.
Respondent did not request a hearing and therefore has waived its right to one.
FINDING OF VIOLATION
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.577(a), which states in
relevant part:
§ 195.577 – What must I do to alleviate interference currents?
(a) For pipelines exposed to stray currents, you must have a program
to identify, test for, and minimize the detrimental effects of such currents.



2
The Notice alleged that ConocoPhillips violated § 195.577(a) by failing to have a program to
identify, test for, and minimize the detrimental effects of stray currents. Specifically, the Notice
alleged that, during the inspection, the company did not provide interference testing records or
polarized potential, close internal survey readings in an area that was likely exposed to stray
currents.
In its Response, ConocoPhillips objected to the allegation and provided evidence demonstrating
that it had in fact met the requirements of § 195.577(a). Specifically, the company submitted
records indicating that, since 2002, it has used a critical bond to alleviate interference currents in
the area of concern.
Accordingly, after considering all of the evidence, I find that Respondent did not violate
§ 195.577(a) as alleged in the Notice. Based upon the foregoing, I hereby order that Item 2 be
withdrawn. Because this Item is being withdrawn, the corresponding terms of the proposed
compliance order are not included in this Order.
Please be advised that operators must provide PHMSA inspectors with required records at the
time of inspection, and failure to do so could be a violation of § 195.589(c) that could result in a
separate allegation of violation and appropriate sanction.1
WARNING ITEM
With respect to Item 1, the Notice alleged a probable violation of Part 195 but did not propose a
civil penalty or compliance order for this item. Therefore, this is considered to be a warning
item. The warning was for:
49 C.F.R. § 195.567 (Item 1) ─ Respondent’s alleged failure to maintain the test
lead wires in a condition that enabled the operator to obtain electrical
measurements to determine whether cathodic protection complied with § 195.571.
Accordingly, I find, pursuant to 49 C.F.R. § 190.205, that a probable violation of 49 C.F.R.
§ 195.567 (Notice Item 1) has occurred, and Respondent is hereby advised to correct such
conditions. In the event that OPS finds a violation of this provision in a subsequent inspection,
Respondent may be subject to future enforcement action.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
1 See § 190.203(a).
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