CPF 52021057NOPV
CPF 52021057NOPV
case documentOfficial PDF52021057NOPV_PCO_12202021_(21-199974).pdf#
case documentOfficial PDF52021057NOPV_PCO_12202021_(21-199974)_text.pdf#
52021057NOPV_Final Order_03022022_(21-199974)_text.pdf, page 1Official PDFMarch 2, 2022 VIA ELECTRONIC MAIL TO: richard adkerson@fmi.com Mr. Richard C. Adkerson President and Chief Executive Officer Freeport-McMoRan Oil & Gas LLC 201 S. Broadway Orcutt, California 93455 Re: CPF No. 5-2021-057-NOPV Dear Mr. Adkerson: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation 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 e-mail is effective upon the date of transmission and acknowledgment of receipt 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. Todd Cantrall, Vice President, Operations, Freeport-McMoRan Oil & Gas LLC, todd_cantrall@fmi.com Mr. David Rose, Director, Environmental Health & Safety, Freeport-McMoRan Oil & Gas LLC, drose@fmi.com CONFIRMATION OF RECEIPT REQUESTED#
52021057NOPV_Final Order_03022022_(21-199974)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Freeport-McMoRan Oil & Gas LLC, ) CPF No. 5-2021-057-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On December 20, 2021, 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 Freeport-McMoRan Oil & Gas LLC (Respondent). 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 alleged violation. Respondent did not contest the allegation of violation or corrective measures. Based on a review of all the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.605(a) (Item 1) ─ Respondent failed to review and update its Emergency Response Plan manual at least once each calendar year, but at intervals not exceeding 15 months. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. 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 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.#
52021057NOPV_Final Order_03022022_(21-199974)_text.pdf, page 3CPF No. 5-2021-057-NOPV Page2 The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. March 2, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
52021057NOPV_Closure Letter_06162022_(21-199974)_text.pdf, page 1Official PDFVIA E-MAIL TO MR. RICHARD C. ADKERSON June 16, 2022 Mr. Richard C. Adkerson President and Chief Executive Officer Freeport-McMoRan Oil & Gas LLC 201 S. Broadway Orcutt, California 93455 CPF 5-2021-057-NOPV Closure Letter Dear Mr. Adkerson: On March 2, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Freeport-McMoRan Oil & Gas a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation you provided on May 17, 2022, 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. Gilliam, L. Green (#21-199974)#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.