CPF 52022019NOPV
CPF 52022019NOPV
case documentOfficial PDF52022019NOPV_PCO_03072022_(21-201443).pdf#
case documentOfficial PDF52022019NOPV_PCO_03072022_(21-201443)_text.pdf#
52022019NOPV_Closure Letter_08192022_(21-201443)_text.pdf, page 1Official PDFVIA E-MAIL TO MR. CRAIG COLLINS August 19, 2022 Mr. Craig Collins Chief Operations Officer & Senior Vice President Western Midstream Partners, LP 9950 Woodloch Forest Drive, Suite 2800 The Woodlands, Texas 77380 CPF 5-2022-019-NOPV Closure Letter Dear Mr. Collins: On May 12, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Western Midstream Partners, LP (Western) a Final Order in the above-referenced case. This Order included a Compliance Order. On June 15, 2022, PHMSA granted a time extension of 30 days for Western to complete the remedial actions required in the Compliance Order. Based on our review of the documentation you provided, 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. Dunphy (#21-201443)#
52022019NOPV_Final Order_05122022_(21-201443)_text.pdf, page 1Official PDFMay 12, 2022 VIA ELECTRONIC MAIL TO: craig.collins@westernmidstream.com Mr. Craig Collins Chief Operations Officer & Senior Vice President Western Midstream Partners, LP 9950 Woodloch Forest Drive, Suite 2800 The Woodlands, Texas 77380 Re: CPF No. 5-2022-019-NOPV Dear Mr. Collins: Enclosed please find the Final Order issued in the above-referenced case. It makes findings 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, PHSMA Mr. Benjamin Malotte, Pipeline Safety Compliance Coordinator, Western Midstream Partners, benjamin.malotte@westernmidstream.com Mr. Ronald Speer, Health, Safety & Environmental Manager, Western Midstream Partners, ronnie.speer@westernmidstream.com CONFIRMATION OF RECEIPT REQUESTED#
52022019NOPV_Final Order_05122022_(21-201443)_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 ) Western Midstream Partners, LP, ) CPF No. 5-2022-019-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On March 7, 2022, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order (Notice) to Western Midstream Partners, LP (Respondent). The Notice proposed finding that Respondent violated the pipeline safety regulations in 49 C.F.R. part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of 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. § 195.446(c)(1) (Item 2) ─ Respondent failed to provide its controllers with the information, tools, processes, and procedures necessary for the controllers to carry out the roles and responsibilities the operator had defined by failing to implement API RP 1165 or demonstrate that certain provisions of API RP 1165 were not practical for its SCADA system. 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#
52022019NOPV_Final Order_05122022_(21-201443)_text.pdf, page 3CPF No. 5-2022-019-NOPV Page 2 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 Items With respect to Items 1 and 3, the Notice alleged probable violations of 49 C.F.R. §§ 195.446(c)(4) and 195.446(j)(1), respectively, but did not propose a civil penalty or compliance order for these items. Therefore, these are considered warning items. If OPS finds a violation of any of these items 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. May 12, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.