# OP RENO LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 520126005
- **title:** OP RENO LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2012-02-29
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.505.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520126005.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520126005.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520126005
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520126005
**body:**

Notice of Probable Violation involving OP RENO LLC. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2012-02-29 and is reported as closed as of 2013-09-20. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520126005_Final Order_09202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_Final%20Order_09202013.pdf

520126005_Final Order_09202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_Final%20Order_09202013_text.pdf

520126005_NOPV PCO_02292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_NOPV%20PCO_02292012.pdf

520126005_NOPV PCO_02292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_NOPV%20PCO_02292012_text.pdf

520126005_Final Order_09202013_text.pdf

SEPTEMBER 20, 2013
Mr. John Niemi, Member
OP Reno, LLC
540 Maryville Center Dr., Suite 340
St. Louis, MO 63141
Re: CPF 5-2012-6005
Dear Mr. Niemi:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and finds that OP Reno, LLC, has completed the actions specified in the Notice to
comply with the pipeline safety regulations. Therefore, this case 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, Central Region, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
OP Reno, LLC, ) CPF No. 5-2012-6005
)
Respondent. )
____________________________________)
FINAL ORDER
On September 13, 2011, 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 inspection of the Operator Qualification (OQ) Program of OP Reno, LLC (OP
Reno or Respondent), in Sparks, Nevada.
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated February 29, 2012, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that OP Reno had violated 49 C.F.R. § 195.505 and proposed ordering Respondent to
take certain measures to correct the alleged violation.
OP Reno responded to the Notice by letter dated January 25, 2013 (Response). The company did
not contest the allegation of violation but provided information concerning the corrective actions
it had taken and submitted copies of its OQ Plan. Respondent did not request a hearing and
therefore has waived its right to one.
FINDING OF VIOLATION
In its Response, OP Reno did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.505, which states:
§ 195.505 Qualification program.
Each operator shall have and follow a written qualification program. The
program shall include provisions to:



2
(a) Identify covered tasks;
(b) Ensure through evaluation that individuals performing covered tasks
are qualified;
(c) Allow individuals that are not qualified pursuant to this subpart to
perform a covered task if directed and observed by an individual that is
qualified;
(d) Evaluate an individual if the operator has reason to believe that the
individual's performance of a covered task contributed to an accident as
defined in Part 195;
(e) Evaluate an individual if the operator has reason to believe that the
individual is no longer qualified to perform a covered task;
(f) Communicate changes that affect covered tasks to individuals
performing those covered tasks;
(g) Identify those covered tasks and the intervals at which evaluation of
the individual's qualifications is needed;
(h) After December 16, 2004, provide training, as appropriate, to ensure
that individuals performing covered tasks have the necessary knowledge
and skills to perform the tasks in a manner that ensures the safe operation
of pipeline facilities; and
(i) After December 16, 2004, notify the Administrator or a state agency
participating under 49 U.S.C. Chapter 601 if the operator significantly
modifies the program after the Administrator or state agency has verified
that it complies with this section.
The Notice alleged that Respondent violated 49 C.F.R. § 195.505 by failing to have a written
operator qualification program at the time of the inspection. Specifically, the Notice alleged that
although OP Reno provided copies of personnel training records from 2006 and 2009 which
listed some covered tasks, these documents do not constitute an OQ program that meets the
criteria in §195.505. Respondent did not contest this allegation of violation. Accordingly, based
upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.505 by
failing to have a written operator qualification program at the time of the inspection.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violations of
49 C.F.R. § 195.505. Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601. The Director
indicates that Respondent has taken the following actions specified in the proposed compliance
order:
1. With respect to the violation of § 195.505 (Item 1), Respondent created and is
following a written qualification program. The program includes provisions to:



3
(a) Identify covered tasks;
(b) Ensure through evaluation that individuals performing covered tasks are
qualified;
(c) Allow individuals that are not qualified pursuant to this subpart to perform a
covered task if directed and observed by an individual that is qualified;
(d) Evaluate an individual if there is a reason to believe that the individual’s
performance of a covered task contributed to an accident as defined in Part
195;
(e) Evaluate an individual if there is reason to believe that the individual is no
longer qualified to perform a covered task;
(f) Communicate changes that affect covered tasks to individuals performing
those covered tasks;
(g) Identify those covered tasks and the intervals at which evaluation of the
individual’s qualifications is needed;
(h) Provide training, as appropriate, to ensure that individuals performing covered
tasks have the necessary knowledge and skills to perform the tasks in a
manner that ensures the safe operation of pipeline facilities; and
(i) Notify the Administrator or a state agency participating under 49 U.S. C.
Chapter 601 if OP Reno, LLC significantly modifies the program.
Accordingly, I find that compliance has been achieved with respect to this violation. Therefore,
the compliance terms proposed in the Notice are not included in this Order.
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
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