{"operation":"document","citation":"CPF 520110002","title":"FREEPORT-MCMORAN OIL & GAS — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-01-13","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.463.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520110002","body":"Notice of Probable Violation involving FREEPORT-MCMORAN OIL & GAS. PHMSA's enforcement data identifies the cited regulation as 192.463. The case was opened on 2011-01-13 and is reported as closed as of 2012-07-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520110002_Final Order_07272012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110002/520110002_Final%20Order_07272012.pdf\n\n520110002_Final Order_07272012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110002/520110002_Final%20Order_07272012_text.pdf\n\n520110002_NOPV PCO_01132011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110002/520110002_NOPV%20PCO_01132011.pdf\n\n520110002_NOPV PCO_01132011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110002/520110002_NOPV%20PCO_01132011_text.pdf\n\n520110002_operator response_02072011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110002/520110002_operator%20response_02072011.pdf\n\n520110002_Final Order_07272012_text.pdf\n\nJULY 27, 2012\nMr. James C. Flores\nChairman, President & Chief Executive Officer\nPlains Exploration & Production Company\n700 Milam, Suite 3100\nHouston, TX 77002\nRe: CPF No. 5-2011-0002\nDear Mr. Flores:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that Plains Exploration & Production Company has completed the actions\nspecified in the Notice to comply with the pipeline safety regulations. Therefore, this case is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or 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. Steven P. Rusch, Vice President, Environmental, Health & Safety and Government\nAffairs – Plains Exploration & Production Company –\n5640 S. Fairfax Ave., Los Angeles, CA 90056\nMr. Chris Hoidal, Director, Western Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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)\nPlains Exploration & Production Co., ) CPF No. 5-2011-0002\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn October 12, 2010, 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 records of Plains Exploration & Production\nCompany (Plains or Respondent) in Los Angeles, CA. Respondent’s Stocker gas gathering\nsystem is composed of 3.6 miles of natural gas gathering and transmission lines located in a high\nconsequence area.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated January 13, 2011, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Plains violated 49 C.F.R. § 192.463 and proposed ordering Respondent to take\ncertain measures to correct the alleged violation.\nPlains responded to the Notice by letter dated February 7, 2011 (Response). The company did\nnot contest the allegations of violation but provided information concerning its corrective action.\nRespondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Plains did not contest the allegation in the Notice that it violated\n49 C.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.463, which states:\n§ 192.463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must\n1 Class 3, light population area. See 49 C.F.R. § 192.5.\n\n\n\n2\nprovide a level of cathodic protection that complies with one or more of\nthe applicable criteria contained in appendix D of this part. If none of\nthese criteria is applicable, the cathodic protection system must provide a\nlevel of cathodic protection at least equal to that provided by compliance\nwith one or more of these criteria.\n(b) If amphoteric metals are included in a buried or submerged\npipeline containing a metal of different anodic potential−\n(1) The amphoteric metals must be electrically isolated from the\nremainder of the pipeline and cathodically protected; or\n(2) The entire buried or submerged pipeline must be cathodically\nprotected at a cathodic potential that meets the requirements of appendix\nD of this part for amphoteric metals.\n(c) The amount of cathodic protection must be controlled so as not to\ndamage the protective coating or the pipe.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.463 by failing to provide a level of\ncathodic protection that complies with one or more of the applicable criteria contained in\nappendix D or that is at least equal to one or more of the criteria outlined in § 192.463(b)-(c).\n2\nSpecifically, the Notice alleged that the segment of pipeline from Plains’ Packard drill site to its\nInglewood processing plant had insufficient levels of cathodic protection according to the pipe-\nto-soil potential monitoring conducted by Farwest Corrosion Control Company3 in August 2010.\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.463 by failing to have a level of cathodic protection that complies with one or\nmore of the applicable criteria contained in appendix D of Part 192.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 192.463. Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director indicates that\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.463 (Item 1), Respondent has established a\ncathodic protection level that meets the criteria contained in Appendix D of Part 192.\n2 The criteria contained in Appendix D of Part 192 apply in this case.\n3 Respondent also contracted with Farwest to perform the November 2010 depolarization survey that established\ncompliance with § 192.463.\n\n\n\n3\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7212}