# AIX ENERGY LLC — Notice of Amendment

- **operation:** document
- **citation:** CPF 520180009M
- **title:** AIX ENERGY LLC — Notice of Amendment
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2018-11-06
- **effective on:** Not available
- **summary:** CLOSED notice of amendment citing 192.615(a)(10), 192.631(a)(1)(ii), 192.909(b), 192.915(a), 192.915(b), 192.917(b), 192.933(a), 192.935(b)(1)(iv), 192.937(c)(2).
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520180009m.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520180009m
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520180009M
**body:**

Notice of Amendment involving AIX ENERGY LLC. PHMSA's enforcement data identifies the cited regulations as 192.615(a)(10),  192.631(a)(1)(ii),  192.909(b),  192.915(a),  192.915(b),  192.917(b),  192.933(a),  192.935(b)(1)(iv),  192.937(c)(2). The case was opened on 2018-11-06 and is reported as closed as of 2019-04-08. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520180009M_Closure Letter_04082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Closure%20Letter_04082019.pdf

520180009M_Closure Letter_04082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Closure%20Letter_04082019_text.pdf

520180009M_Notice of Amendment Revised Version_11062018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Notice%20of%20Amendment%20Revised%20Version_11062018.pdf

520180009M_Notice of Amendment Revised Version_11062018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Notice%20of%20Amendment%20Revised%20Version_11062018_text.pdf

520180009M_Notice of Amendment_08292018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Notice%20of%20Amendment_08292018.pdf

520180009M_Notice of Amendment_08292018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Notice%20of%20Amendment_08292018_text.pdf

520180009M_Operator Response to Notice_12042018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180009M/520180009M_Operator%20Response%20to%20Notice_12042018.pdf

520180009M_Notice of Amendment Revised Version_11062018_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
November 6, 2018
Mr. Ronald C. Nutt
Chief Operating Officer
AIX Energy LLC
2441 High Timbers
Suite 120
The Woodlands, Texas 77380
CPF 5-2018-0009M
Dear Mr. Nutt:
On March 12 through 15, 2018, a representative of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,
inspected AIX Energy, LLC’s procedures for Operations and Maintenance, Emergency
Response, Control Room Management, and Integrity Management in Kenai, Alaska.
On the basis of the inspection, PHMSA has identified apparent inadequacies found within
AIX’s plans or procedures, as described below:
1. § 192.615 Emergency plans.
(a) Each operator shall establish written procedures to minimize the hazard
resulting from a gas pipeline emergency. At a minimum, the procedures must
provide for the following:
…
(10) Beginning action under § 192.617, if applicable, as soon after the end of the
emergency as possible.
AIX's Emergency Response Plan does not have provisions for "Beginning action under
§ 192.617, if applicable, as soon after the end of the emergency as possible” AIX failed to



produce written procedures describing how AIX will conduct accident investigations
consistent with § 192.617, and failed to include provisions in their Emergency Response Plan
for conducting accident investigations following emergencies.
2. § 192.631 Control room management.
(a) General. (1) This section applies to each operator of a pipeline facility with a
controller working in a control room who monitors and controls all or part of a
pipeline facility through a SCADA system. Each operator must have and follow
written control room management procedures that implement the requirements
of this section, except that for each control room where an operator's activities
are limited to either or both of:
…
(ii) Transmission without a compressor station, the operator must have and
follow written procedures that implement only paragraphs (d) (regarding
fatigue), (i) (regarding compliance validation), and (j) (regarding compliance and
deviations) of this section.
AIX’s written control room management procedures lack the fatigue training and education
process required by §§ 192.631(d)(2) and 192.631(d)(3). Their document titled “Control
Room Management, Kenai Loop Pipeline” contains general provisions for fatigue mitigation
and states that “Operators must train controllers and their supervisors to recognize the effects
of fatigue and implement fatigue mitigation strategies,” but has no specific process describing
how AIX will implement such training.
3. § 192.909 How can an operator change its integrity management program?
…
(b) Notification. An operator must notify OPS, in accordance with § 192.949, of
any change to the program that may substantially affect the program's
implementation or may significantly modify the program or schedule for
carrying out the program elements. An operator must also notify a State or local
pipeline safety authority when either a covered segment is located in a State
where OPS has an interstate agent agreement, or an intrastate covered segment is
regulated by that State. An operator must provide the notification within 30 days
after adopting this type of change into its program.
AIX's written Integrity Management Plan (Revision 2, dated March 9, 2018) (“the IMP”) does
not have written procedures consistent with § 192.909(b) for notifying PHMSA of changes to
their integrity management program. The IMP has a process for making changes to the IMP
(specifically located in “Section 1 – Changing This IMP”), but fails to describe how and
under what circumstance AIX must notify PHMSA of the changes made.
4. § 192.915 What knowledge and training must personnel have to carry out an
integrity management program?
(a) Supervisory personnel. The integrity management program must provide
that each supervisor whose responsibilities relate to the integrity management
program possesses and maintains a thorough knowledge of the integrity
2



management program and of the elements for which the supervisor is
responsible. The program must provide that any person who qualifies as a
supervisor for the integrity management program has appropriate training or
experience in the area for which the person is responsible.
AIX failed to establish written procedures to "provide that any person who qualifies as a
supervisor for the integrity management program has appropriate training or experience in the
area for which the person is responsible" in their IMP. The IMP includes table which cross-
references paragraphs of 192 Subpart O with the applicable section of the IMP. Regarding §
192.915, the cross refence table states “Experience or training Required” without elaboration
or cross-reference to other parts of the IMP. The IMP does not describe how AIX will
provide supervisory training and experience consistent with § 192.915(a).
5. § 192.915 What knowledge and training must personnel have to carry out an
integrity management program?
…
(b) Persons who carry out assessments and evaluate assessment results. The
integrity management program must provide criteria for the qualification of any
person—
(1) Who conducts an integrity assessment allowed under this subpart; or
(2) Who reviews and analyzes the results from an integrity assessment and
evaluation; or
(3) Who makes decisions on actions to be taken based on these assessments.
AIX failed to specify criteria for personnel who conduct integrity assessments, review and
analyze their results, or make decisions based on those results in their IMP. The IMP includes
table which cross-references paragraphs of 192 Subpart O with the applicable section of the
IMP. Regarding § 192.915, the cross refence table states “Experience or training Required”
without elaboration or cross-reference to other parts of the IMP. The IMP does not describe
how AIX will provide knowledge and training to personnel who carry out an integrity
management program consistent with § 192.915(b).
6. § 192.917 How does an operator identify potential threats to pipeline integrity
and use the threat identification in its integrity program?
…
(b) Data gathering and integration. To identify and evaluate the potential
threats to a covered pipeline segment, an operator must gather and integrate
existing data and information on the entire pipeline that could be relevant to the
covered segment. In performing this data gathering and integration, an operator
must follow the requirements in ASME/ANSI B31.8S, section 4. At a minimum,
an operator must gather and evaluate the set of data specified in Appendix A to
ASME/ANSI B31.8S, and consider both on the covered segment and similar non-
covered segments, past incident history, corrosion control records, continuing
surveillance records, patrolling records, maintenance history, internal inspection
records and all other conditions specific to each pipeline.
3



AIX failed to follow the requirements of ASME/ANSI B31.8S, Section 4 in preparing their
IMP. Section 3.2 of the AIX’s IMP, “Data Gathering and Integration” incorrectly identifies
the Kenai Loop Pipeline as an HDPE pipeline. “Material properties” is one required
minimum data element in specified in ASME/ANSI B31.8S, Section 4.
7. § 192.933 What actions must be taken to address integrity issues?
(a) General requirements. An operator must take prompt action to address all
anomalous conditions the operator discovers through the integrity assessment.
In addressing all conditions, an operator must evaluate all anomalous conditions
and remediate those that could reduce a pipeline's integrity. An operator must be
able to demonstrate that the remediation of the condition will ensure the
condition is unlikely to pose a threat to the integrity of the pipeline until the next
reassessment of the covered segment.
AIX failed to establish a process in their IMP to "address all anomalous conditions the
operator discovers through the integrity assessment" consistent with §§ 192.933(a) through
192.933(d). On Page 8 under the table “Cross-Reference with 49 CFR 192 Subpart O,” the
IMP directs the reader to “Section 5 – Additional Preventative and Mitigative Measures” for a
discussion of how the IMP address the requirements of § 192.933. However, the IMP has no
written procedures for address anomalous conditions consistent with §§ 192.933(a) through
192.933(d) in Section 5 nor elsewhere in the IMP.
8. § 192.935 What additional preventive and mitigative measures must an operator
take?
…
(b) Third party damage and outside force damage—
(1) Third party damage. An operator must enhance its damage prevention
program, as required under § 192.614 of this part, with respect to a covered
segment to prevent and minimize the consequences of a release due to third party
damage. Enhanced measures to an existing damage prevention program include,
at a minimum—
(iv) Monitoring of excavations conducted on covered pipeline segments by
pipeline personnel. If an operator finds physical evidence of encroachment
involving excavation that the operator did not monitor near a covered segment,
an operator must either excavate the area near the encroachment or conduct an
above ground survey using methods defined in NACE SP0502 (incorporated by
reference, see §192.7). An operator must excavate, and remediate, in accordance
with ANSI/ASME B31.8S and § 192.933 any indication of coating holidays or
discontinuity warranting direct examination.
AIX failed to enhance their damage prevention program to include a written process for
monitoring excavations on the covered segment consistent with § 192.935(b)(1)(iv). Neither
AIX’s IMP nor their written damage prevention program describe how AIX will excavate the
area near the encroachment or conduct an above ground survey using methods defined in
NACE SP0502 if the AIX finds physical evidence of encroachment.
4



9. § 192.937 What is a continual process of evaluation and assessment to maintain
a pipeline's integrity?
…
(c) Assessment methods. In conducting the integrity reassessment, an operator
must assess the integrity of the line pipe in the covered segment by any of the
following methods as appropriate for the threats to which the covered segment is
susceptible (see § 192.917), or by confirmatory direct assessment under the
conditions specified in § 192.931.
(2) Pressure test conducted in accordance with subpart J of this part. An
operator must use the test pressures specified in Table 3 of section 5 of
ASME/ANSI B31.8S, to justify an extended reassessment interval in accordance
with § 192.939.
AIX failed to specify correct assessment methods for conducting integrity reassessments in
their IMP. Section 6.2.2 of AIX’s IMP incorrectly specifies “§ 192.513 Test Requirements
for Plastic Pipelines” as the applicable pressure test assessment method for the Kenai Loop
Pipeline, which is a steel pipeline.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed
as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. 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).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days
of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in
this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as
alleged in this Notice without further notice to you and to issue an Order Directing
Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you
may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §
190.206). If you are not contesting this Notice, we propose that you submit your amended
procedures to my office within 90 days of receipt of this Notice. This period may be extended
by written request for good cause. Once the inadequacies identified herein have been
addressed in your amended procedures, this enforcement action will be closed.
It is requested (not mandated) that AIX maintain documentation of the safety improvement
costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,
5



procedures) and submit the total to Kim West, Director, Western, Pipeline and Hazardous
Materials Safety Administration. In correspondence concerning this matter, please refer to
CPF 5-2018-0009M and, for each document you submit, please provide a copy in electronic
format whenever possible.
Sincerely,
Kim West
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Gano (#155860)
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
6

520180009M_Closure Letter_04082019_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 8, 2019
Mr. Ronald C. Nutt
Chief Operating Officer
AIX Energy LLC.
2441 High Timbers Drive., Suite 120
The Woodlands, Texas 77380
CPF 5-2018-0009M
Case Closure
Dear Mr. Nutt:
On March 12 through 15, 2018, a representative from the Pipeline and Hazardous Materials
Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,
conducted an on-site pipeline safety inspection of AIX Energy LLC’s (AIX) operations,
maintenance and emergency procedures for its pipeline facilities in Kenai, Alaska. As a result
of the inspection, AIX was issued a Notice of Amendment on November 6, 2018 which
proposed amendment of your procedures.
AIX submitted its amended procedures dated February 6, 2019. Our staff reviewed the
amended procedures. We determined that the inadequacies outlined in this Notice of
Amendment have been corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank
you for your cooperation.
Sincerely,
Chris Hoidal
Acting Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 Jake Gano (#155860)

520180009M_Notice of Amendment_08292018_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 29, 2018
Mr. Randy Bates
Managing Director
Branta E&P
2441 High Timbers, Suite 120
The Woodlands, TX 77380
CPF 5-2018-0009M
Dear Mr. Bates:
On March 12 through 15, 2018, a representative of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,
inspected AIX Energy, LLC’s procedures for Operations and Maintenance, Emergency
Response, Control Room Management, and Integrity Management in Kenai, Alaska.
On the basis of the inspection, PHMSA has identified apparent inadequacies found within
AIX’s plans or procedures, as described below:
1. § 192.615 Emergency plans.
(a) Each operator shall establish written procedures to minimize the hazard
resulting from a gas pipeline emergency. At a minimum, the procedures must
provide for the following:
…
(10) Beginning action under § 192.617, if applicable, as soon after the end of the
emergency as possible.
AIX's Emergency Response Plan does not have provisions for "Beginning action under
§ 192.617, if applicable, as soon after the end of the emergency as possible” AIX failed to
produce written procedures describing how AIX will conduct accident investigations
consistent with § 192.617, and failed to include provisions in their Emergency Response Plan



for conducting accident investigations following emergencies.
2. § 192.631 Control room management.
(a) General. (1) This section applies to each operator of a pipeline facility with a
controller working in a control room who monitors and controls all or part of a
pipeline facility through a SCADA system. Each operator must have and follow
written control room management procedures that implement the requirements
of this section, except that for each control room where an operator's activities
are limited to either or both of:
…
(ii) Transmission without a compressor station, the operator must have and
follow written procedures that implement only paragraphs (d) (regarding
fatigue), (i) (regarding compliance validation), and (j) (regarding compliance and
deviations) of this section.
AIX’s written control room management procedures lack the fatigue training and education
process required by §§ 192.631(d)(2) and 192.631(d)(3). Their document titled “Control
Room Management, Kenai Loop Pipeline” contains general provisions for fatigue mitigation
and states that “Operators must train controllers and their supervisors to recognize the effects
of fatigue and implement fatigue mitigation strategies,” but has no specific process describing
how AIX will implement such training.
3. § 192.909 How can an operator change its integrity management program?
…
(b) Notification. An operator must notify OPS, in accordance with § 192.949, of
any change to the program that may substantially affect the program's
implementation or may significantly modify the program or schedule for
carrying out the program elements. An operator must also notify a State or local
pipeline safety authority when either a covered segment is located in a State
where OPS has an interstate agent agreement, or an intrastate covered segment is
regulated by that State. An operator must provide the notification within 30 days
after adopting this type of change into its program.
AIX's written Integrity Management Plan (Revision 2, dated March 9, 2018) (“the IMP”) does
not have written procedures consistent with § 192.909(b) for notifying PHMSA of changes to
their integrity management program. The IMP has a process for making changes to the IMP
(specifically located in “Section 1 – Changing This IMP”), but fails to describe how and
under what circumstance AIX must notify PHMSA of the changes made.
4. § 192.915 What knowledge and training must personnel have to carry out an
integrity management program?
(a) Supervisory personnel. The integrity management program must provide
that each supervisor whose responsibilities relate to the integrity management
program possesses and maintains a thorough knowledge of the integrity
management program and of the elements for which the supervisor is
responsible. The program must provide that any person who qualifies as a
2



supervisor for the integrity management program has appropriate training or
experience in the area for which the person is responsible.
AIX failed to establish written procedures to "provide that any person who qualifies as a
supervisor for the integrity management program has appropriate training or experience in the
area for which the person is responsible" in their IMP. The IMP includes table which cross-
references paragraphs of 192 Subpart O with the applicable section of the IMP. Regarding §
192.915, the cross refence table states “Experience or training Required” without elaboration
or cross-reference to other parts of the IMP. The IMP does not describe how AIX will
provide supervisory training and experience consistent with § 192.915(a).
5. § 192.915 What knowledge and training must personnel have to carry out an
integrity management program?
…
(b) Persons who carry out assessments and evaluate assessment results. The
integrity management program must provide criteria for the qualification of any
person—
(1) Who conducts an integrity assessment allowed under this subpart; or
(2) Who reviews and analyzes the results from an integrity assessment and
evaluation; or
(3) Who makes decisions on actions to be taken based on these assessments.
AIX failed to specify criteria for personnel who conduct integrity assessments, review and
analyze their results, or make decisions based on those results in their IMP. The IMP includes
table which cross-references paragraphs of 192 Subpart O with the applicable section of the
IMP. Regarding § 192.915, the cross refence table states “Experience or training Required”
without elaboration or cross-reference to other parts of the IMP. The IMP does not describe
how AIX will provide knowledge and training to personnel who carry out an integrity
management program consistent with § 192.915(b).
6. § 192.917 How does an operator identify potential threats to pipeline integrity
and use the threat identification in its integrity program?
…
(b) Data gathering and integration. To identify and evaluate the potential
threats to a covered pipeline segment, an operator must gather and integrate
existing data and information on the entire pipeline that could be relevant to the
covered segment. In performing this data gathering and integration, an operator
must follow the requirements in ASME/ANSI B31.8S, section 4. At a minimum,
an operator must gather and evaluate the set of data specified in Appendix A to
ASME/ANSI B31.8S, and consider both on the covered segment and similar non-
covered segments, past incident history, corrosion control records, continuing
surveillance records, patrolling records, maintenance history, internal inspection
records and all other conditions specific to each pipeline.
AIX failed to follow the requirements of ASME/ANSI B31.8S, Section 4 in preparing their
IMP. Section 3.2 of the AIX’s IMP, “Data Gathering and Integration” incorrectly identifies
3



the Kenai Loop Pipeline as an HDPE pipeline. “Material properties” is one required
minimum data element in specified in ASME/ANSI B31.8S, Section 4.
7. § 192.933 What actions must be taken to address integrity issues?
(a) General requirements. An operator must take prompt action to address all
anomalous conditions the operator discovers through the integrity assessment.
In addressing all conditions, an operator must evaluate all anomalous conditions
and remediate those that could reduce a pipeline's integrity. An operator must be
able to demonstrate that the remediation of the condition will ensure the
condition is unlikely to pose a threat to the integrity of the pipeline until the next
reassessment of the covered segment.
AIX failed to establish a process in their IMP to "address all anomalous conditions the
operator discovers through the integrity assessment" consistent with §§ 192.933(a) through
192.933(d). On Page 8 under the table “Cross-Reference with 49 CFR 192 Subpart O,” the
IMP directs the reader to “Section 5 – Additional Preventative and Mitigative Measures” for a
discussion of how the IMP address the requirements of § 192.933. However, the IMP has no
written procedures for address anomalous conditions consistent with §§ 192.933(a) through
192.933(d) in Section 5 nor elsewhere in the IMP.
8. § 192.935 What additional preventive and mitigative measures must an operator
take?
…
(b) Third party damage and outside force damage—
(1) Third party damage. An operator must enhance its damage prevention
program, as required under § 192.614 of this part, with respect to a covered
segment to prevent and minimize the consequences of a release due to third party
damage. Enhanced measures to an existing damage prevention program include,
at a minimum—
(iv) Monitoring of excavations conducted on covered pipeline segments by
pipeline personnel. If an operator finds physical evidence of encroachment
involving excavation that the operator did not monitor near a covered segment,
an operator must either excavate the area near the encroachment or conduct an
above ground survey using methods defined in NACE SP0502 (incorporated by
reference, see §192.7). An operator must excavate, and remediate, in accordance
with ANSI/ASME B31.8S and § 192.933 any indication of coating holidays or
discontinuity warranting direct examination.
AIX failed to enhance their damage prevention program to include a written process for
monitoring excavations on the covered segment consistent with § 192.935(b)(1)(iv). Neither
AIX’s IMP nor their written damage prevention program describe how AIX will excavate the
area near the encroachment or conduct an above ground survey using methods defined in
NACE SP0502 if the AIX finds physical evidence of encroachment.
4



9. § 192.937 What is a continual process of evaluation and assessment to maintain
a pipeline's integrity?
…
(c) Assessment methods. In conducting the integrity reassessment, an operator
must assess the integrity of the line pipe in the covered segment by any of the
following methods as appropriate for the threats to which the covered segment is
susceptible (see § 192.917), or by confirmatory direct assessment under the
conditions specified in § 192.931.
(2) Pressure test conducted in accordance with subpart J of this part. An
operator must use the test pressures specified in Table 3 of section 5 of
ASME/ANSI B31.8S, to justify an extended reassessment interval in accordance
with § 192.939.
AIX failed to specify correct assessment methods for conducting integrity reassessments in
their IMP. Section 6.2.2 of AIX’s IMP incorrectly specifies “§ 192.513 Test Requirements
for Plastic Pipelines” as the applicable pressure test assessment method for the Kenai Loop
Pipeline, which is a steel pipeline.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed
as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. 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).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days
of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in
this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as
alleged in this Notice without further notice to you and to issue an Order Directing
Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you
may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §
190.206). If you are not contesting this Notice, we propose that you submit your amended
procedures to my office within 90 days of receipt of this Notice. This period may be extended
by written request for good cause. Once the inadequacies identified herein have been
addressed in your amended procedures, this enforcement action will be closed.
It is requested (not mandated) that AIX maintain documentation of the safety improvement
costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,
procedures) and submit the total to Kim West, Director, Western, Pipeline and Hazardous
Materials Safety Administration. In correspondence concerning this matter, please refer to
CPF 5-2018-0009M and, for each document you submit, please provide a copy in electronic
5



format whenever possible.
Sincerely,
Kim West
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Gano (#155860)
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
6
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