# BRIDGER LAKE, LLC — Corrective Action Order

- **operation:** document
- **citation:** CPF 520105012H
- **title:** BRIDGER LAKE, LLC — Corrective Action Order
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2010-04-30
- **effective on:** Not available
- **summary:** CLOSED corrective action order.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520105012h.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520105012h.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520105012h
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520105012H
**body:**

Corrective Action Order involving BRIDGER LAKE, LLC. The dataset does not identify a cited regulation for this case. The case was opened on 2010-04-30 and is reported as closed as of 2013-07-31. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520105012H_ Consent Agreement_02242011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_%20Consent%20Agreement_02242011_text.pdf

520105012H_CAO_04302010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_CAO_04302010.pdf

520105012H_CAO_04302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_CAO_04302010_text.pdf

520105012H_closure letter_07312013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_closure%20letter_07312013.pdf

520105012H_closure letter_07312013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_closure%20letter_07312013_text.pdf

520105012H_Consent Agreement_02242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_Consent%20Agreement_02242011.pdf

520105012H_Consent Order_02242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_Consent%20Order_02242011.pdf

520105012H_Consent Order_02242011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520105012H/520105012H_Consent%20Order_02242011_text.pdf

520105012H_ Consent Agreement_02242011_text.pdf

FEB 24 2011
U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
____________________________________
In the Matter of )
Bridger Lake, LLC, ) CPF No. 5-2010-5012H
)
)
)
Respondent. )
____________________________________)
CONSENT AGREEMENT
Bridger Lake, LLC (Bridger Lake or Respondent), is the owner or operator of a 27-mile
long, 65/8
-inch-diameter pipeline that transports crude oil from Summit County, Utah, to a
breakout tank in Uinta County, Wyoming (Affected Pipeline). On or about April 1, 2010,
the Affected Pipeline experienced a failure near Robertson, Wyoming (April 2010
Failure). Bridger Lake notified the National Response Center of that failure on April 10,
2010, when a pool of crude oil ignited at the site during cleanup operations.
On April 27, 2010, Respondent applied to participate in the Wyoming Department of
Environmental Quality’s (WDEQ) Voluntary Remediation Program (VRP). Bridger
Lake’s application included information about the April 2010 Failure and its eligibility to
participate in the VRP.
On April 30, 2010, the Associate Administrator, Pipeline and Hazardous Materials Safety
Administration (PHMSA), issued a Corrective Action Order (CAO) to Bridger Lake. In
that CAO, the Associate Administrator found that the continued operation of the Affected
Pipeline without corrective measures would be hazardous to life, property, or the
environment.
On May 7, 2010, the Director, Western Region, PHMSA (Director), sent Bridger Lake a
letter confirming that the terms of the CAO applied to the Affected Pipeline in its
entirety, including the breakout tank. The Director also specified the conditions needed
for Bridger Lake to resume operation of the tank.
On May 10, 2010, Bridger Lake, by counsel, submitted a written response to the CAO
and a request for an informal hearing. Bridger Lake also submitted a written restart plan
for the breakout tank, which the Director conditionally approved.



On May 19, 2010, Respondent requested that the hearing on the CAO be delayed pending
efforts to resolve the matter with the Western Region. On May 27, 2010, WDEQ notified
Bridger Lake that its application to participate in the VRP had been approved.
Since that time, Respondent has been successfully implementing the terms of its VRP.
Bridger Lake and PHMSA (Parties) have also engaged in good faith discussions to
resolve the CAO, and any associated matters, without any further litigation or
proceedings.
The Parties have concluded those discussions and agree that the entry of this Consent
Agreement is the most appropriate means of resolving the CAO without a hearing, of
finding that Respondent violated 49 C.F.R. Parts 195 and 199 without adjudicating any
issue of fact or law, of establishing the actions that must be taken to remedy those
violations, and of ensuring that the Affected Pipeline is not a risk to the public, property,
or the environment.
Accordingly, the Parties agree as follows:
I. General Provisions
1. For purposes of this Consent Agreement, Respondent agrees that Bridger Lake
and the Affected Pipeline are subject to the jurisdiction of the Pipeline Safety Laws (49
U.S.C. § 60101 et seq.), the Pipeline Safety Regulations (49 C.F.R. Parts 190-199), and
any orders issued thereunder.
2. For purposes of this Consent Agreement, Bridger Lake agrees that the Affected
Pipeline is or would be hazardous to life, property, or the environment without corrective
measures for purposes of the Pipeline Safety Laws (49 U.S.C. § 60112) and Pipeline
Safety Regulations (49 C.F.R. § 190.233).
3. PHMSA agrees that the April 30, 2010 CAO shall be rescinded if Bridger Lake
completes the requirements in Part II of this Consent Agreement, as and to the extent
determined by the Director under Part IX of this Consent Agreement.
4. For purposes of this Consent Agreement, Bridger Lake agrees that in owning or
operating the Affected Pipeline prior to the April 2010 Failure, it violated the Pipeline
Safety Regulations by failing to comply with the minimum federal safety standards for
the transportation of hazardous liquids by pipeline (49 C.F.R. Part 195) and the drug and
alcohol testing requirements (49 C.F.R. Part 199).
5. PHMSA agrees that if Bridger Lake completes the requirements in Part II of this
Consent Agreement, as determined by the Director under Part IX of this Consent
Agreement, Respondent will not be subject to any additional enforcement action under 49
C.F.R. Part 190 for violating the Pipeline Safety Regulations in owning or operating the
Affected Pipeline prior to the April 2010 Failure. Nothing in this Paragraph affects the
enforcement authorities available to PHMSA under Part V of this Consent Agreement.



6. This Consent Agreement does not constitute a finding of violation of any Federal
law or regulation and may not be used in any civil proceeding of any kind as evidence or
proof of any fact, fault or liability, or as evidence of the violation of any law, rule,
regulation or requirement, except in a proceeding to enforce the provisions of this
Consent Agreement or in future PHMSA enforcement actions.
7. Pursuant to 49 U.S.C. § 60112(c), PHMSA has provided appropriate state officials
notice and opportunity to comment on the agreement to resolve this matter.
8. After Bridger Lake signs and returns this Consent Agreement, PHMSA’s
representative will present it to the Associate Administrator for Pipeline Safety
recommending that the Associate Administrator adopt the terms of this agreement by
issuing an administrative order (Consent Order) incorporating the terms of this Consent
Agreement. The terms of this Consent Agreement constitute an offer of settlement until
accepted by the Associate Administrator.
9. Bridger Lake consents to the issuance of the Consent Order and waives any further
procedural requirements with respect to its issuance. Bridger Lake waives all rights to
contest the adequacy of the CAO, to receive notice of or an opportunity to be heard for
violating the Pipeline Safety Regulations prior to the April 2010 Failure, or the validity of
the Consent Order or this Consent Agreement, including all rights to administrative or
judicial hearings or appeals.
10. This Consent Agreement applies to, and is binding upon, PHMSA, and upon
Bridger Lake, its officers, directors, and employees, and its successors, assigns, or other
entities or persons otherwise bound by law. Respondent agrees to provide a copy of this
Consent Agreement and any incorporated work plans and schedules to all of Bridger
Lake’s officers, employees, contractors, and agents whose duties might reasonably
include compliance with this Consent Agreement.
11. No transfer of ownership or operation of the Affected Pipeline, whether in
compliance with the procedures of this Paragraph or otherwise, shall relieve Bridger Lake
of its obligation to ensure that the terms of this Consent Agreement are implemented. For
all transfers of ownership or operating responsibility of the Affected Pipeline, Bridger
Lake must provide a copy of this Consent Agreement to the prospective transferee at least
30 days prior to such transfer and simultaneously provide written notice of the
prospective transfer to the Director, Western Region, PHMSA. Any attempt to transfer
ownership or operation of the Affected Pipeline without complying with this Paragraph
constitutes a violation of this Consent Agreement.
12. This Consent Agreement constitutes the final, complete, and exclusive agreement
and understanding between the Parties with respect to the settlement embodied in this
Consent Agreement, and the Parties acknowledge that there are no representations,
agreements or understandings relating to the settlement other than those expressly
contained in this Consent Agreement, except that the terms of this Consent Agreement
may be construed by reference to the CAO.



13. Nothing in this Consent Agreement affects Bridger Lake’s obligation to comply
with all applicable requirements of the Pipeline Safety Laws, Regulations, and orders
issued thereunder. Nothing in this agreement alters PHMSA’s right of access, entry,
inspection, and information gathering or PHMSA’s authority to bring enforcement
actions against Bridger Lake pursuant to the Pipeline Safety Laws, Regulations, and
orders issued thereunder, or any other provision of Federal or State law.
14. This Consent Agreement does not waive or modify any Federal, State, or local
laws or regulations that are applicable to Bridger Lake or its pipeline systems. This
Consent Agreement is not a permit, or a modification of any permit, under any Federal,
State or local laws or regulations. Bridger Lake remains responsible for achieving and
maintaining compliance with all applicable Federal, State, and local laws, regulations and
permits.
15. This Consent Agreement does not create rights in, or grant any cause of action to,
any third party not party to this agreement. The U.S. Department of Transportation is not
liable for any injuries or damages to persons or property arising from acts or omissions of
Bridger Lake or its officers, employees, contractors, or agents carrying out the work
required by this agreement. The U.S. Department of Transportation, its officers,
employees, agents, and representatives are not liable for any cause of action arising from
any acts or omissions of Respondent or its contractors in carrying out any work required
by this agreement.
II. Compliance Requirements
16. Except for the times specified for completion, the Corrective Actions in the CAO
are incorporated into this Consent Agreement by reference.
17. Within 180 days following the issuance of the Consent Order, Bridger Lake will
complete Required Corrective Actions 2 through 8 in the CAO. That includes, but is not
limited to, submitting for the Director’s approval: a written restart plan for the Affected
Pipeline (Required Corrective Action 2); a full analysis and mechanical and metallurgical
testing of the pipe involved in the April 2010 Failure (Required Corrective Action 3); a
remedial work plan for the Affected Pipeline (Required Corrective Actions 4 and 5); a
compliance plan (Corrective Action 6) or, if appropriate, an abandonment plan for all or a
portion of the Affected Pipeline (Corrective Action 7); and provisions for ensuring that
such actions are performed by an individual who is qualified to perform the prescribed
tasks under Subpart G of Part 195 (Corrective Action 8). Any plan submitted to the
Director shall propose a schedule for completing all required actions within 24 months of
its approval.
18. Until all actions specified in an approved plan are complete, Bridger Lake agrees
to submit quarterly reports to the Regional Director that: (1) include all available data and
results of any testing and evaluations performed pursuant to the Required Corrective
Actions in the CAO or the Compliance Requirements in the Consent Agreement; and (2)
describe the progress of the repairs or other remedial actions being undertaken. The first
quarterly report for the period from October 2010 through December 2010 is due by



February 28, 2011.
19. Bridger Lake agrees to maintain documentation of the costs associated with
implementation of Part II of this Consent Agreement. Bridger Lake will include in each
quarterly report it submits the to-date total costs associated with: (1) testing, evaluations
and information analysis; (2) revisions of procedures and additional monitoring and
inspections; and (3) physical changes to pipeline infrastructure, including repairs,
replacements and other modifications.
20. Bridger Lake agrees to submit a final report to the Director of the total costs
associated with the implementation of the Required Corrective Actions in the CAO and
Part II of this Consent Agreement.
21. The Director may grant an extension of time for Bridger Lake to complete any of
the work to be performed upon submission of a timely written request demonstrating
good cause for an extension. Any extensions granted by the Director shall be in writing.
III. Review and Approval Process
22. Any submission under Part II of this Consent Agreement that requires the
Director’s approval may be approved in whole or in part and with or without conditions,
disapproved in whole or in part and with or without conditions, or in any combination
thereof. If a submission is approved, approved in part, or approved with conditions,
Bridger Lake will take all action as approved by the Director, subject to Bridger Lake’s
right to invoke the dispute resolution procedures in Part IV with respect to any conditions
identified by the Director. If the Director disapproves all or any portion of the
submission, the Director will provide Bridger Lake with a written notice of the
deficiencies. Bridger Lake will correct all deficiencies within the time specified by the
Director and resubmit it for approval.
IV. Dispute Resolution
23. The Director and Bridger Lake will informally attempt to resolve any disputes
arising under this Consent Agreement. If Bridger Lake and the Director are unable to
informally resolve the dispute within 15 days, Bridger Lake may request in writing,
within 10 days, a written determination resolving the dispute from the Associate
Administrator for Pipeline Safety providing all information that Bridger Lake believes is
relevant to the dispute. If the request is submitted as provided herein, the Associate
Administrator will issue a final determination in writing. The existence of a dispute and
PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any
term or timeframe for completion of any work to be performed under this agreement
during the pendency of the dispute resolution process, except as agreed by the Regional
Director or the Associate Administrator in writing.
V. Enforcement
24. This Consent Agreement, as adopted by the Consent Order, is subject to all
enforcement authorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49



C.F.R. Part 190, including the assessment of civil penalties as determined in accordance
with the requirements of 49 U.S.C. § 60122 and 49 C.F.R. §§ 190.223 to 190.225, if
PHMSA determines that Bridger Lake is not proceeding according to the terms of the
agreement, any determinations made by the Regional Director, or, if appealed, any
decisions of the Associate Administrator. Failure to comply with the terms of the
agreement may also result in referral to the Attorney General for appropriate relief in a
United States District Court pursuant to 49 U.S.C. § 60120. All work plans and
associated schedules set forth or referenced in Part II will be automatically incorporated
into this Consent Agreement and are enforceable in the same manner.
VI. Record Keeping and Information Disclosure
25. Bridger Lake agrees to maintain records demonstrating compliance with all
requirements of this Consent Agreement for a period of at least five years following
completion of all work to be performed. For any reports, plans, or other deliverables
required to be submitted to PHMSA pursuant to this Consent Agreement, Bridger Lake
may assert a claim of business confidentiality or other protections applicable to the
release of information by PHMSA, covering part or all of the information required to be
submitted to PHMSA pursuant to this agreement in accordance with 49 C.F.R. Part 7.
Bridger Lake must mark the claim of confidentiality in writing on each page, and include
a statement specifying the grounds for each claim of confidentially. PHMSA determines
release of any information submitted pursuant to this Consent Agreement in accordance
with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and/or
PHMSA policies, and other applicable regulations and Executive Orders.
VII. Effective Date
26. The “Effective Date” as used herein is the date on which this Consent Agreement
has been signed by both Bridger Lake and PHMSA.
VIII. Modification
27. The terms of this Consent Agreement may be modified by mutual agreement of
the parties. Such modifications must be in writing and signed by both parties.
IX. Termination
28. This Consent Agreement terminates upon completion of all terms set forth in Part
II (Compliance Requirements) as determined, in writing, by the Director, Western
Region. Bridger Lake may request written confirmation from PHMSA when this
Consent Agreement is terminated. To the extent ongoing monitoring is still required and
all other actions specified in a plan approved under Paragraph 17 are complete, PHMSA
may terminate this Consent Agreement with respect to all other requirements with the
exception of such monitoring. Nothing in this agreement prevents Bridger Lake from
completing any of the obligations earlier than the deadlines provided for in this Consent
Agreement.



X. Ratification
29. The Parties undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Consent Agreement and to execute and legally
bind such party to this document.
30. The Parties hereby agree to all conditions and terms of this Consent Agreement:
For PHMSA: For Respondent:
___________________________ ____________________________
Jeffrey D. Wiese Julio Rios
Associate Administrator President
for Pipeline Safety
_____________________ _____________________
Date Date

520105012H_closure letter_07312013_text.pdf

VIA CERTIFIED MAIL AND FAX TO: (318) 429-7103
July 31, 2013
Mr. Julio Rios
President
Bridger Lake, LLC
800 Spring Street, Suite 205
Shreveport, LA 71101
Re: CPF 5-2010-5012H- Consent Agreement
Close Out with Notification Stipulation
Dear Mr. Rios:
On July 1, 2013, I received your Quarterly Progress Report for the second quarter 2013 per the
Consent Agreement referenced above. In that report you state that there has been no change in the
status of the pipeline since the last quarterly report submitted on April 3, 2013, and that all repair
activities were completed in November of 2012. The pipeline is now complete and ready for service.
You have complied with all of the requirements of the original CAO and the Consent
Agreement. However, you have not been able to secure delivery of crude oil for your 6-inch pipeline
and you have reported that it may be a long time before you are ready to receive crude oil and thus
return your pipeline to service.
Since the imminent harm has been removed, I am terminating this Consent Agreement per Section
IX, paragraph 28. Bridger Lake will no longer have to submit quarterly reports. You are reminded
that Bridger Lake must notify the Western Region 30 days prior to resuming pipeline operations to
provide my staff suitable time to schedule a pre-return-to-service inspection of your facilities.
Please feel free to contact me at 720-963-3160 or Mr. Peter Katchmar at 303-807-8458 to discuss this
matter or if you have any questions.
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 P. Katchmar

520105012H_Consent Order_02242011_text.pdf

FEB 24 2011
Mr. Julio Rios
President
Bridger Lake, LLC
800 Spring Street, Suite 205
Shreveport, LA 71101
Re: CPF No. 5-2010-5012H
Dear Mr. Rios:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement that you
signed on January 31, 2011. Service of the Consent Order and Consent Agreement 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. Duane Siler, Counsel for Bridger Lake, LLC
Crowell & Moring LLP, 1001 Pennsylvania Avenue, N.W., Washington, DC 20004-2595
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0041 3665]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Bridger Lake, LLC, ) CPF No. 5-2010-5012H
)
Respondent. )
____________________________________)
CONSENT ORDER
On January 31, 2011, Mr. Julio Rios, President, Bridger Lake, LLC, signed a Consent
Agreement in this case. I have reviewed and signed that Consent Agreement on this date, the
terms of which are incorporated into this Consent Order by reference.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
.

520105012H_Consent Agreement_02242011.pdf

FEB 24 2011
U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
Bridger Lake, LLC,
CPF No. 5-2010-5012H
Respondent.
CONSENT AGREEMENT
long, 6518-inch-diameter pipeline that transports crude oil from Summit County, Utah, to a
Bridger Lake, LLC (Bridger Lake or Respondent), is the owner or operator of a 27-mile
breakout tank in Uinta County, Wyoming (Affected Pipeline). On or about April 1, 2010,
the Affected Pipeline experienced a failure near Robertson, Wyoming (April 2010
Failure). Bridger Lake notified the National Response Center of that failure on April 10,
2010. when a pool of crude oil ignited at the site during cleanup operations.
On April 27, 2010, Respondent applied to participate in the Wyoming Department of
Environmental Quality's (WDEQ) Voluntary Remediation Program (VRP). Bridger
Lake's application included information about the April 2010 Failure and its eligibility to
participate in the VRP.
Administration (PHMSA), issued a Corrective Action Order (CAO) to Bridger Lake. In
On April 30, 2010, the Associate Administrator, Pipeline and Hazardous Materials Safety
that CAO, the Associate Administrator found that the continued operation of the Affected
Pipeline without corrective measures would be hazardous to life, property, or the
environment.
On May 7, 2010, the Director, Western Region, PHMSA (Director), sent Bridger Lake a
letter confirming that the terms of the CAO applied to the Affected Pipeline in its
entirety, including the breakout tank. The Director also specified the conditions needed
for Bridger Lake to resume operation of the tank.
On May 10, 2010, Bridger Lake, by counsel, submitted a written response to the CAO
and a request for an informal hearing. Bridger Lake also submitted a written restart plan
for the breakout tank, which the Director conditionally approved.



On May 19, 2010, Respondent requested that the hearing on the CAO be delayed pending
efforts to resolve the matter with the Western Region. On May 27, 2010. WDEQ notified
Bridger Lake that its application to participate in the VRP had been approved.
Since that time, Respondent has been successfully implementing the terms of its VRP.
Bridger Lake and PHMSA (Parties) have also engaged in good faith discussions to
resolve the CAO, and any associated matters, without any further litigation or
proceedings.
The Parties have concluded those discussions and agree that the entry of this Consent
Agreement is the most appropriate means of resolving the CAO without a hearing, of
finding that Respondent violated 49 C.F.R. Parts 195 and 199 without adjudicating any
issue of fact or law, of establishing the actions that must be taken to remedy those
violations, and of ensuring that the Affected Pipeline is not a risk to the public, property,
or the environment.
Accordingly, the Parties agree as follows:
I. General Provisions
1. For purposes of this Consent Agreement, Respondent agrees that Bridger Lake
and the Affected Pipeline are subject to the jurisdiction of the Pipeline Safety Laws (49
U.S.C. § 60101 et seq.), the Pipeline Safety Regulations (49 C.F.R. Parts 190-199), and
any orders issued thereunder.
2. For purposes of this Consent Agreement, Bridger Lake agrees that the Affected
Pipeline is or would be hazardous to life, property, or the environment without corrective
measures for purposes of the Pipeline Safety Laws (49 U.S.C. § 60112) and Pipeline
Safety Regulations (49 C.F.R. § 190.233).
3. PHMSA agrees that the April 30, 2010 CAO shall be rescinded if Bridger Lake
completes the requirements in Part II of this Consent Agreement, as and to the extent
determined by the Director under Part IX of this Consent Agreement.
4. For purposes of this Consent Agreement, Bridger Lake agrees that in owning or
operating the Affected Pipeline prior to the April 2010 Failure, it violated the Pipeline
Safety Regulations by failing to comply with the minimum federal safety standards for
the transportation of hazardous liquids by pipeline (49 C.F.R. Part 195) and the drug and
alcohol testing requirements (49 C.F.R. Part 199).
5. PHMSA agrees that if Bridger Lake completes the requirements in Part II of this
Consent Agreement, as determined by the Director under Part IX of this Consent
Agreement, Respondent will not be subject to any additional enforcement action under 49
C.F.R. Part 190 for violating the Pipeline Safety Regulations in owning or operating the
Affected Pipeline prior to the April 2010 Failure. Nothing in this Paragraph affects the
enforcement authorities available to PHMSA under Part V of this Consent Agreement.



6. This Consent Agreement does not constitute a finding of violation of any Federal
law or regulation and may not be used in any civil proceeding of any kind as evidence or
proof of any fact, fault or liability, or as evidence of the violation of any law, rule,
regulation or requirement, except in a proceeding to enforce the provisions of this
Consent Agreement or in future PHMSA enforcement actions.
7. Pursuant to 49 U.S.C. § 60112(c), PHMSA has provided appropriate state officials
notice and opportunity to comment on the agreement to resolve this matter.
8. Atter Bridger Lake signs and returns this Consent Agreement, PHMSA's
representative will present it to the Associate Administrator for Pipeline Safety
recommending that the Associate Administrator adopt the terms of this agreement by
issuing an administrative order (Consent Order) incorporating the terms of this Consent
Agreement. The terms of this Consent Agreement constitute an offer of settlement until
accepted by the Associate Administrator.
9. Bridger Lake consents to the issuance of the Consent Order and waives any further
procedural requirements with respect to its issuance. Bridger Lake waives all rights to
contest the adequacy of the CAO, to receive notice of or an opportunity to be heard for
violating the Pipeline Safety Regulations prior to the April 2010 Failure, or the validity of
the Consent Order or this Consent Agreement, including all rights to administrative or
judicial hearings or appeals.
10. This Consent Agreement applies to, and is binding upon, PHMSA, and upon
Bridger Lake, its officers, directors, and employees, and its successors, assigns, or other
entities or persons otherwise bound by law. Respondent agrees to provide a copy of this
Consent Agreement and any incorporated work plans and schedules to all of Bridger
Lake's officers, employees, contractors, and agents whose duties might reasonably
include compliance with this Consent Agreement.
11. No transfer of ownership or operation of the Affected Pipeline, whether in
compliance with the procedures of this Paragraph or otherwise, shall relieve Bridger Lake
of its obligation to ensure that the terms of this Consent Agreement are implemented. For
all transfers of ownership or operating responsibility of the Affected Pipeline, Bridger
Lake must provide a copy of this Consent Agreement to the prospective transferee at least
30 days prior to such transfer and simultaneously provide written notice of the
prospective transfer to the Director, Western Region, PHMSA. Any attempt to transfer
ownership or operation of the Affected Pipeline without complying with this Paragraph
constitutes a violation of this Consent Agreement.
12. This Consent Agreement constitutes the final, complete, and exclusive agreement
and understanding between the Parties with respect to the settlement embodied in this
Consent Agreement, and the Parties acknowledge that there are no representations,
agreements or understandings relating to the settlement other than those expressly
contained in this Consent Agreement, except that the terms of this Consent Agreement
may be construed by reference to the CAO.



13. Nothing in this Consent Agreement affects Bridger Lake's obligation to comply
with all applicable requirements of the Pipeline Safety Laws, Regulations, and orders
issued thereunder. Nothing in this agreement alters PHMSA's right of access, entry,
inspection, and information gathering or PHMSA's authority to bring enforcement
actions against Bridger Lake pursuant to the Pipeline Safety Laws, Regulations, and
orders issued thereunder, or any other provision of Federal or State law.
14. This Consent Agreement does not waive or modify any Federal, State, or local
laws or regulations that are applicable to Bridger Lake or its pipeline systems. This
Consent Agreement is not a permit, or a modification of any permit, under any Federal,
State or local laws or regulations. Bridger Lake remains responsible for achieving and
maintaining compliance with all applicable Federal, State, and local laws, regulations and
permits.
15. This Consent Agreement does not create rights in, or grant any cause of action to.
any third party not party to this agreement. The U.S. Department of Transportation is not
liable for any injuries or damages to persons or property arising from acts or omissions of
Bridger Lake or its officers, employees, contractors, or agents carrying out the work
required by this agreement. The U.S. Department of Transportation, its officers,
employees, agents, and representatives are not liable for any cause of action arising from
any acts or omissions of Respondent or its contractors in carrying out any work required
by this agreement.
Il. Compliance Requirements
16. Except for the times specified for completion, the Corrective Actions in the CAO
are incorporated into this Consent Agreement by reference.
17. Within 180 days following the issuance of the Consent Order, Bridger Lake will
complete Required Corrective Actions 2 through 8 in the CAO. That includes, but is not
limited to, submitting for the Director's approval: a written restart plan for the Affected
Pipeline (Required Corrective Action 2); a full analysis and mechanical and metallurgical
testing of the pipe involved in the April 2010 Failure (Required Corrective Action 3); a
remedial work plan for the Affected Pipeline (Required Corrective Actions 4 and 5); a
compliance plan (Corrective Action 6) or, if appropriate, an abandonment plan for all or a
portion of the Affected Pipeline (Corrective Action 7); and provisions for ensuring that
such actions are performed by an individual who is qualified to perform the prescribed
tasks under Subpart G of Part 195 (Corrective Action 8). Any plan submitted to the
Director shall propose a schedule for completing all required actions within 24 months of
its approval.
18. Until all actions specified in an approved plan are complete, Bridger Lake agrees
to submit quarterly reports to the Regional Director that: (1) include all available data and
results of any testing and evaluations performed pursuant to the Required Corrective
Actions in the CAO or the Compliance Requirements in the Consent Agreement; and (2)
describe the progress of the repairs or other remedial actions being undertaken. The first
quarterly report for the period from October 2010 through December 2010 is due by
February 28, 2011.



19. Bridger Lake agrees to maintain documentation of the costs associated with
implementation of Part Il of this Consent Agreement. Bridger Lake will include in each
quarterly report it submits the to-date total costs associated with: (1) testing, evaluations
and information analysis; (2) revisions of procedures and additional monitoring and
inspections; and (3) physical changes to pipeline infrastructure, including repairs,
replacements and other modifications.
20. Bridger Lake agrees to submit a final report to the Director of the total costs
associated with the implementation of the Required Corrective Actions in the CAO and
Part II of this Consent Agreement.
21. The Director may grant an extension of time for Bridger Lake to complete any of
the work to be performed upon submission of a timely written request demonstrating
good cause for an extension. Any extensions granted by the Director shall be in writing.
I. Review and Approval Process
22. Any submission under Part II of this Consent Agreement that requires the
Director's approval may be approved in whole or in part and with or without conditions,
disapproved in whole or in part and with or without conditions, or in any combination
thereof. If a submission is approved, approved in part, or approved with conditions,
Bridger Lake will take all action as approved by the Director, subject to Bridger Lake's
right to invoke the dispute resolution procedures in Part IV with respect to any conditions
identified by the Director. If the Director disapproves all or any portion of the
submission, the Director will provide Bridger Lake with a written notice of the
deficiencies. Bridger Lake will correct all deficiencies within the time specified by the
Director and resubmit it for approval.
IV. Dispute Resolution
23. The Director and Bridger Lake will informally attempt to resolve any disputes
arising under this Consent Agreement. If Bridger Lake and the Director are unable to
informally resolve the dispute within 15 days, Bridger Lake may request in writing,
within 10 days, a written determination resolving the dispute from the Associate
Administrator for Pipeline Safety providing all information that Bridger Lake believes is
relevant to the dispute. If the request is submitted as provided herein, the Associate
Administrator will issue a final determination in writing. The existence of a dispute and
PHMSA's consideration of matters placed in dispute will not excuse, toll, or suspend any
term or timeframe for completion of any work to be performed under this agreement
Director or the Associate Administrator in writing.
during the pendency of the dispute resolution process, except as agreed by the Regional
V. Enforcement
enforcement authorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49
24. This Consent Agreement, as adopted by the Consent Order, is subject to all



C.F.R. Part 190, including the assessment of civil penalties as determined in accordance
with the requirements of 49 U.S.C. § 60122 and 49 C.F.R. §§ 190.223 to 190.225, if
PHMSA determines that Bridger Lake is not proceeding according to the terms of the
agreement, any determinations made by the Regional Director, or, if appealed, any
decisions of the Associate Administrator. Failure to comply with the terms of the
agreement may also result in referral to the Attorney General for appropriate relief in a
associated schedules set forth or referenced in Part II will be automatically incorporated
United States District Court pursuant to 49 U.S.C. § 60120. All work plans and
into this Consent Agreement and are enforceable in the same manner.
VI. Record Keeping and Information Disclosure
25. Bridger Lake agrees to maintain records demonstrating compliance with all
requirements of this Consent Agreement for a period of at least five years following
completion of all work to be performed. For any reports, plans, or other deliverables
required to be submitted to PHMSA pursuant to this Consent Agreement, Bridger Lake
may assert a claim of business confidentiality or other protections applicable to the
release of information by PHMSA, covering part or all of the information required to be
submitted to PHMSA pursuant to this agreement in accordance with 49 C.F.R. Part 7.
Bridger Lake must mark the claim of confidentiality in writing on each page, and include
a statement specifying the grounds for each claim of confidentially. PHMSA determines
release of any information submitted pursuant to this Consent Agreement in accordance
with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and/or
PHMSA policies, and other applicable regulations and Executive Orders.
VII. Effective Date
26. The "Effective Date" as used herein is the date on which this Consent Agreement
has been signed by both Bridger Lake and PHMSA.
VIII. Modification
27. The terms of this Consent Agreement may be modified by mutual agreement of
the parties. Such modifications must be in writing and signed by both parties.
IX. Termination
28. This Consent Agreement terminates upon completion of all terms set forth in Part
II (Compliance Requirements) as determined, in writing, by the Director, Western
Region. Bridger Lake may request written confirmation from PHMSA when this
Consent Agreement is terminated. To the extent ongoing monitoring is still required and
all other actions specified in a plan approved under Paragraph 17 are complete, PHMSA
may terminate this Consent Agreement with respect to all other requirements with the
exception of such monitoring. Nothing in this agreement prevents Bridger Lake from
completing any of the obligations earlier than the deadlines provided for in this Consent
Agreement.



X. Ratification
29. The Parties undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Consent Agreement and to execute and legally
bind such party to this document.
30. The Parties hereby agree to all conditions and terms of this Consent Agreement:
For PHMSA:
For Respondent:
Jeffrey I
). Wies:
Associate Administrator
for Pipeline Safety
FEB 2 4 2011
Date
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