{"operation":"document","citation":"CPF 520126016M","title":"XTO ENERGY INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-10-24","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(b), 195.440(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126016m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126016m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126016m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520126016M","body":"Notice of Amendment involving XTO ENERGY INC. PHMSA's enforcement data identifies the cited regulations as 195.440(b),  195.440(d). The case was opened on 2012-10-24 and is reported as closed as of 2013-03-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520126016M_closure letter_03122013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126016M/520126016M_closure%20letter_03122013.pdf\n\n520126016M_closure letter_03122013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126016M/520126016M_closure%20letter_03122013_text.pdf\n\n520126016M_notice of amendment_10242012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126016M/520126016M_notice%20of%20amendment_10242012.pdf\n\n520126016M_notice of amendment_10242012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126016M/520126016M_notice%20of%20amendment_10242012_text.pdf\n\n520126016M_operator response_11162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126016M/520126016M_operator%20response_11162012.pdf\n\n520126016M_closure letter_03122013_text.pdf\n\nVIA UPS 2ND DAY AIR: 1Z WR2 588 02 9694 5550\nMarch 12, 2013\nMr. Dale Goleman\nDOT Compliance Coordinator\nXTO Energy Inc.\n810 Houston St.\nFort Worth, Texas 76102-6298\nCPF 5-2012-6016M\nDear Mr. Goleman:\nOn October 1, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of XTO Energy Inc.’s procedures in Anchorage, Alaska.\nAs a result of the inspection, XTO Energy Inc. was issued a Notice of Amendment on\nOctober 24, 2012, which proposed amendment of your procedures.\nXTO Energy Inc. submitted its amended procedures on February 13, 2013. My staff has\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice\nof Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#139754)\n\n520126016M_notice of amendment_10242012_text.pdf\n\nNOTICE OF AMENDMENT\nVIA UPS 2ND DAY AIR: 1Z WR2 588 02 9652 1472\nOctober 24, 2012\nMr. Timothy Friesenhahn\nVice President of Operations Permian Division\nXTO Energy Inc.\n810 Houston St.\nFort Worth, Texas 76102\nCPF 5-2012-6016M\nDear Mr. Friesenhahn:\nOn October 1, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected XTO\nEnergy Inc.’s (XTO) procedures and records for its Public Awareness Program in\nAnchorage, Alaska via teleconference.\nOn the basis of that inspection, PHMSA has identified the following apparent inadequacies\nfound within XTO’s plans and procedures, as described below:\n1. §195.440 Public Awareness\n(b) The operator's program must follow the general program recommendations of\nAPI RP 1162 and assess the unique attributes and characteristics of the operator's\npipeline and facilities.\nXTO’s public awareness program does not include the size and number of tanks at XTO’s\nNikiski tank farm or inform stakeholders that the natural gas transported is unodorized.\n2. §195.440 Public Awareness\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in excavation\nrelated activities on:\n\n\n\n(1) Use of a one-call notification system prior to excavation and other damage\nprevention activities;\n(2) Possible hazards associated with unintended releases from a hazardous liquid or\ncarbon dioxide pipeline facility;\n(3) Physical indications that such a release may have occurred;\n(4) Steps that should be taken for public safety in the event of a hazardous liquid or\ncarbon dioxide pipeline release; and\n(5) Procedures to report such an event.\nThe Operator Mailing and handouts need to state the following information:\n- Hazards of an unintended release of Natural Gas or Crude oil;\n- The physical indications of a release;\n- Steps that need to be taken for public safety;\n- Procedures to report a release.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 90 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that XTO Energy Inc. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Dennis Hinnah, Deputy Director, Western\nRegion, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2012-6016M and send all documents to our\n2\n\n\n\noffice at 188 W. Northern Lights Blvd., Suite 520, Anchorage, AK 99503. For each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#139754)\nRichard Golemon, XTO DOT Compliance Coordinator\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":6884}