# HARVEST ALASKA, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 520190026
- **title:** HARVEST ALASKA, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2019-12-26
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.179(c), 192.707(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520190026.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520190026.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520190026
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520190026
**body:**

Notice of Probable Violation involving HARVEST ALASKA, LLC. PHMSA's enforcement data identifies the cited regulations as 192.179(c),  192.707(a). The case was opened on 2019-12-26 and is reported as closed as of 2021-08-04. Proposed civil penalty: $50,100. Assessed civil penalty: $50,100. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520190026_Closure Letter_08042021_(19-165166S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_Closure%20Letter_08042021_(19-165166S).pdf

520190026_Closure Letter_08042021_(19-165166S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_Closure%20Letter_08042021_(19-165166S)_text.pdf

520190026_Final Order_02112020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_Final%20Order_02112020.pdf

520190026_Final Order_02112020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_Final%20Order_02112020_text.pdf

520190026_NOPV PCP PCO_12262019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_NOPV%20PCP%20PCO_12262019.pdf

520190026_NOPV PCP PCO_12262019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_NOPV%20PCP%20PCO_12262019_text.pdf

520190026_Operator Response to Notice_01232020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190026/520190026_Operator%20Response%20to%20Notice_01232020.pdf

520190026_Final Order_02112020_text.pdf

February 11, 2020
Mr. Jason C. Rebrook
Chief Executive Officer
Harvest Midstream Company
1111 Travis Street
Houston, Texas 77002
Re: CPF No. 5-2019-0026
Dear Mr. Rebrook:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation against your subsidiary, Harvest Alaska, LLC, finds that the civil penalty amount of
$50,100 has been paid in full, and specifies actions that need to be taken to comply with the
pipeline safety regulations. When the terms of the compliance order are completed, as
determined by the Director, Western Region, this enforcement action will be closed. Service of
the Final Order by certified mail is effective upon the date of mailing as provided under 49
C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures (Final Order and NOPV)
cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Richard Novcaski, Vice President, Harvest Alaska, LLC, 3800 Centerpoint Drive,
Anchorage, Alaska 99524
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 )
Harvest Alaska, LLC, ) CPF No. 5-2019-0026
a subsidiary of Harvest Midstream Company, )
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
On December 26, 2019, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office
of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Harvest Alaska, LLC
(Respondent).1 The Notice proposed finding that Respondent had violated the pipeline safety
regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the
violations. Respondent did not contest the allegations of violation or corrective measures and
paid the proposed civil penalty on January 23, 2020.
Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the
pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is
incorporated by reference:
49 C.F.R. § 192.179(c) (Item 1) ─ Respondent failed to equip its pipeline with a
blowdown valve with enough capacity to allow the pipeline to be blown down as
rapidly as practicable.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed the
proposed civil penalty amount of $50,100, which Respondent has already paid in full.
COMPLIANCE ACTIONS
Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
actions proposed in the enclosed Notice to correct the violation. The Director may grant an
extension of time to comply with any of the required items upon a written request timely
1 Harvest Alaska, LLC is a subsidiary of Harvest Midstream Company. Harvest Midstream Company website,
available at http://www harvestmidstream.com/affiliate/harvest-alaska/ (last accessed January 24, 2020).



CPF No. 5-2019-0026
Page 2
submitted by the Respondent and demonstrating good cause for an extension. Upon completion
of ordered actions, Respondent may request that the Director close the case. Failure to comply
with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in
referral to the Attorney General for appropriate relief in a district court of the United States.
WARNING ITEM
With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 192.707(a), but did
not propose a civil penalty or compliance order for this item. Therefore, this is considered to be
a warning item. If OPS finds a violation of this provision in a subsequent inspection,
Respondent may be subject to future enforcement action.
The terms and conditions of this order are effective upon service in accordance with 49 C.F.R.
§ 190.5.
February 11, 2020
___________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

520190026_NOPV PCP PCO_12262019_text.pdf

NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
December 26, 2019
Mr. Greg Lalicker
Chief Executive Officer
Hilcorp Energy Company
1111 Travis Street
Houston, Texas 77002
CPF 5-2019-0026
Dear Mr. Lalicker:
On July 29 through August 1, 2019, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected
Harvest Alaska, LLC’s (Harvest)1 Kenai-Nikiski Pipeline (KNPL) system near Kenai, Alaska.
As a result of the inspection, it is alleged that you have committed probable violations of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected and the
probable violations are:
1. § 192.179 Transmission line valves.
(a) .…
(c) Each section of a transmission line, other than offshore segments, between main line
valves must have a blowdown valve with enough capacity to allow the transmission line
to be blown down as rapidly as practicable. Each blowdown discharge must be located so
the gas can be blown to the atmosphere without hazard and, if the transmission line is
adjacent to an overhead electric line, so that the gas is directed away from the electrical
1 Harvest is a wholly-owned subsidiary of Hilcorp Alaska, LLC, which is a wholly-owned subsidiary of Hilcorp
Energy Company.



conductors.
Harvest failed to equip the KNPL with a blowdown valve between main line valves VD-1 and VF-1 as
required by § 192.179(c). The pipeline was constructed in 1965 and valve VF-1 was installed in 1979.
Section 192.13(b) requires that no person operate a segment of pipeline that is replaced, relocated, or
otherwise changed after November 12, 1970, unless the replacement, relocation or change has been
made according to the requirements in Part 192. As such, a blowdown valve consistent with
§ 192.179(c) was required when valve VF-1 was installed. Records provided by the operator show
that KNPL was, at one time, equipped with a blowdown valve but that sometime around 2012 the
prior operator removed the blowdown and, as of the August 1, 2019 inspection, Harvest failed to
replace the blowdown valve.
2. § 192.707 Line markers for mains and transmission lines.
(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line marker
must be placed and maintained as close as practical over each buried main and
transmission line:
(1) At each crossing of a public road and railroad; and
(2) Wherever necessary to identify the location of the transmission line or main to reduce
the possibility of damage or interference.
Harvest failed to place and maintain line markers as close as practicable over the KNPL at
each crossing of a public road as required by 192.707(a). The KNPL lacked markers in the
vicinity of Forest Drive and the Kenai Spur Highway. Neither the nearest upstream nor
downstream markers were visible from the intersection, where the KNPL crossed under the
Kenai Spur Highway, then turned and crossed Forest Drive.
Proposed Civil Penalty
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related
series of violations. For violation occurring on or after November 27, 2018 and before July 31, 2019,
the maximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to
exceed $2,132,679. For violation occurring on or after November 2, 2015 and before November 27,
2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty
not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty
may not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for
a related series of violations. The Compliance Officer has reviewed the circumstances and supporting
documentation involved for the above probable violation and has recommended that you be
preliminarily assessed a civil penalty of $50,100 as follows:
Item number PENALTY
1 $50,100
Warning Item
With respect to item 2 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
2



at this time. We advise you to promptly correct this item. Failure to do so may result in additional
enforcement action.
Proposed Compliance Order
With respect to item 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety
Administration proposes to issue a Compliance Order to Harvest Alaska LLC. Please refer to the
Proposed Compliance Order, which is enclosed and made a part of this Notice.
Response to this Notice
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. All material
you submit in response to this enforcement action may be 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, or request a
hearing under 49 CFR § 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 a Final Order. If you are responding to this Notice, we propose that you submit your
correspondence to my office within 30 days from receipt of this Notice. This period may be extended
by written request for good cause.
In your correspondence on this matter, please refer to CPF 5-2019-0026 and, for each document you
submit, please provide a copy in electronic format whenever possible.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedings
cc: PHP-60 Compliance Registry
PHP-500 J. Gano (#165166)
Richard Novcaski, Vice President, Harvest Alaska, LLC, 3800 Centerpoint Drive, Suite 1400,
Anchorage, Alaska 99503
Ben Wasson, Hilcorp Alaska (Via Email)
3



PROPOSED COMPLIANCE ORDER
Pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
proposes to issue to Harvest Alaska, LLC (Harvest) a Compliance Order incorporating the following
remedial requirements to ensure the compliance of Harvest Alaska, LLC with the pipeline safety
regulations:
1. 2. 3. In regard to Item Number 1 of the Notice pertaining to the alleged violation of
§ 192.179(c), Harvest must install a blowdown valve that can deinventory the Kenai-
Nikiski Pipeline between mainline block valves VD-1 and VF-1 as rapidly as
practicable and without hazard.
Harvest must complete paragraph 1 of the Proposed Compliance Order within 90 days
of receipt of the Final Order. Within 30 days of completing paragraph 1, Harvest
must notify the Director of the Western Region, in writing, of the completion. This
notification must include records demonstrating that the installation is in accordance
with the applicable portions of 49 CFR Part 192. These records must show, at a
minimum:
 How Harvest determined the blowdown system’s capacity, and how it determined
that the capacity is sufficient to blow down the pipeline as rapidly as practicable;
 How Harvest selected the location for the blowdown to ensure the gas will be
blown to the atmosphere without hazard;
 The records must show that the materials, pipe design, and design of pipeline
components used in the blowdown system met the applicable requirements of 49
CFR Part 192 Subparts B, C, and D; that welding and non-destructive
examination was completed consistent with Subpart E; and that pressure testing of
the blowdown system was completed consistent with Subpart J.
Within 30 days of completing paragraph 1, Harvest must amend its operations and
maintenance procedures and emergency response plan, as relevant, to include the new
blowdown.
It is requested (not mandated) that Harvest Alaska, LLC maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the total to Dustin
Hubbard, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. It is
requested that these costs be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated with
replacements, additions and other changes to pipeline infrastructure.
4

520190026_Closure Letter_08042021_(19-165166S)_text.pdf

VIA E-MAIL TO MR. SEAN KOLASSA
August 4, 2021
Mr. Sean Kolassa
President
Harvest Midstream Company
1111 Travis Street
Houston, Texas 77002
CPF 5-2019-0026
Closure Letter
Dear Mr. Kolassa:
On February 11, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Harvest Midstream Company a Final Order in the above-referenced case. This Order
included a Compliance Order and Civil Penalty assessment. Based on our review of the
documentation you provided and confirmation of payment of the civil penalty, it has been
determined that you have complied with the terms of this Order.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Gano (#165166)
Mr. Andrew Limmer, Vice President, Harvest Alaska, LLC (via email)
Mr. Harold Colgrove, Integrity and Regulatory Compliance Manager, Harvest Alaska
LLC, (via email)
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