# XTO ENERGY INC — Warning Letter

- **operation:** document
- **citation:** CPF 520126017W
- **title:** XTO ENERGY INC — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2012-10-24
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 195.440(c).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520126017w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520126017w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520126017w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520126017W
**body:**

Warning Letter involving XTO ENERGY INC. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2012-10-24 and is reported as closed as of 2012-10-24. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520126017W_operator response_11162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126017W/520126017W_operator%20response_11162012.pdf

520126017W_warning letter_10242012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126017W/520126017W_warning%20letter_10242012.pdf

520126017W_warning letter_10242012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126017W/520126017W_warning%20letter_10242012_text.pdf

520126017W_warning letter_10242012_text.pdf

WARNING LETTER
VIA UPS 2ND DAY AIR: 1Z WR2 588 02 9652 1472
October 24, 2012
Mr. Timothy Friesenhahn
Vice President of Operations Permian Division
XTO Energy Inc.
810 Houston St.
Fort Worth, Texas 76102
CPF 5-2012-6017W
Dear Mr. Friesenhahn:
On October 1, 2012 a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected XTO
Energy Inc.’s (XTO) Public Awareness Program in Anchorage, Alaska via teleconference.
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and
the probable violation is:
1. §195.440 Public awareness
(c) The operator must follow the general program recommendations, including
baseline and supplemental requirements of API RP 1162, unless the operator
provides justification in its program or procedural manual as to why compliance
with all or certain provisions of the recommended practice is not practicable and
not necessary for safety.
XTO Energy Inc. (XTO) did not evaluate the effectiveness of its public awareness program
as specified in API RP 1162, Section 8.4. Specifically, XTO did not evaluate the percentage
of each intended audience reached with the desired messages, the percentage of each
stakeholder audience understanding XTO’s program messages, the desired behaviors by each
stakeholder audience, or the bottom line results. Neither did XTO justify why these
evaluations were not conducted.



Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of
$1,000,000 for any related series of violations. We have reviewed the circumstances and
supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to correct
the items identified in this letter. Failure to do so will result in XTO Energy Inc. being
subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 5-2012-6017W and send all documents to our office at 188 W. Northern Lights
Blvd., Suite 520, Anchorage, AK 99503. Be advised that all material you submit in response
to this enforcement action is subject to being made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C.
552(b), along with the complete original document you must provide a second copy of the
document with the portions you believe qualify for confidential treatment redacted and an
explanation of why you believe the redacted information qualifies for confidential treatment
under 5 U.S.C. 552(b).
Sincerely,
Dennis Hinnah
Deputy Director, Western
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 B. Flanders (#139754)
Richard Golemon, XTO DOT Compliance Coordinator
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