CPF 520165001W
CPF 520165001W
520165001W_Warning Letter_02092016_text.pdf, page 1Official PDFWARNING LETTER CERTIFIED MAIL - RETURN RECEIPT REQUESTED February 9, 2016 Mr. Ken Dockweiler Director-Land, Government and Compliance Bridger Pipeline, LLC PO Drawer 2360 Casper, WY 82602 CPF 5-2016-5001W Dear Mr. Dockweiler: On February 2, 2016, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, received a supplemental accident report. The revised report included an accounting of property damage caused by your January 17, 2015 crude oil release from your Yellowstone River pipeline crossing near Glendive, Montana. As a result of the inspection, it appears that you have committed a probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violation is: 1. §195.54 Accident reports. (b) Whenever an operator receives any changes in the information reported or additions to the original report on DOT Form 7000-1, it shall file a supplemental report within 30 days.#
520165001W_Warning Letter_02092016_text.pdf, page 2On February 13, 2015, Bridger submitted a written report for the crude oil release that occurred on January 17, 2015. This initial report was preliminary due to the fact that there was ice on the river and much of the information as to the apparent cause and costs associated with the release was not available. On February 2, 2016, Bridger submitted a supplemental report which included estimated costs to the operator totaling $7,367,683. PHMSA does not consider a supplemental report one year after the original report to be timely. Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a 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 cause of the late reporting identified in this letter. Future late reporting will result in Bridger Pipeline, LLC 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 5-2016-5001W. 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, For Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 P. Katchmar (#149545)#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.