{"operation":"document","citation":"CPF 52023025NOPV","title":"BETA OFFSHORE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(g), 195.573(a)(1), 195.573(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023025nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023025nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023025nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023025NOPV","body":"Notice of Probable Violation involving BETA OFFSHORE. PHMSA's enforcement data identifies the cited regulations as 195.452(g),  195.573(a)(1),  195.573(c). The case was opened on 2023-04-06 and is reported as closed as of 2025-09-05. Proposed civil penalty: $58,400. Assessed civil penalty: $46,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023025NOPV_Closure Letter_09052025_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_Closure%20Letter_09052025_(21-200502).pdf\n\n52023025NOPV_Closure Letter_09052025_(21-200502)_txt.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_Closure%20Letter_09052025_(21-200502)_txt.pdf\n\n52023025NOPV_Consent Agreement and Order_05102024_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_Consent%20Agreement%20and%20Order_05102024_(21-200502).pdf\n\n52023025NOPV_Consent Agreement and Order_05102024_(21-200502)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_Consent%20Agreement%20and%20Order_05102024_(21-200502)_text.pdf\n\n52023025NOPV_Operator RtN RfH Req for Inf Consult_05042023_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_Operator%20RtN%20RfH%20Req%20for%20Inf%20Consult_05042023_(21-200502).pdf\n\n52023025NOPV_PCP PCO_04062023_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PCP%20PCO_04062023_(21-200502).pdf\n\n52023025NOPV_PCP PCO_04062023_(21-200502)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PCP%20PCO_04062023_(21-200502)_text.pdf\n\n52023025NOPV_PHC Hearing Canceled_05142024_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PHC%20Hearing%20Canceled_05142024_(21-200502).pdf\n\n52023025NOPV_PHC Hearing Canceled_05142024_(21-200502)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PHC%20Hearing%20Canceled_05142024_(21-200502)_text.pdf\n\n52023025NOPV_PHC Hearing Rescheduled_02202024_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PHC%20Hearing%20Rescheduled_02202024_(21-200502).pdf\n\n52023025NOPV_PHC Hearing Rescheduled_02202024_(21-200502)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PHC%20Hearing%20Rescheduled_02202024_(21-200502)_text.pdf\n\n52023025NOPV_PHC Hearing Scheduled_07132023_(21-200502).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PHC%20Hearing%20Scheduled_07132023_(21-200502).pdf\n\n52023025NOPV_PHC Hearing Scheduled_07132023_(21-200502)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023025NOPV/52023025NOPV_PHC%20Hearing%20Scheduled_07132023_(21-200502)_text.pdf\n\n52023025NOPV_Consent Agreement and Order_05102024_(21-200502)_text.pdf\n\nMay 10, 2024\nVIA ELECTRONIC MAIL TO: martyn.willsher@amplifyenergy.com\nMr. Martyn Willsher\nPresident and Chief Executive Officer\nAmplify Energy Corp.\n500 Dallas Street, Suite 1700\nHouston, Texas 77002\nRe: CPF No. 5-2023-025-NOPV\nDear Mr. Willsher:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Beta\nOffshore, a subsidiary of Amplify Energy Corp., which was executed on May 9, 2024. Service\nof the Consent Order and Consent Agreement by electronic mail is deemed effective upon the\ndate of transmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R.\n§ 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Order and Consent Agreement\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Daniel Furbee, Senior Vice President and Chief Operating Officer, Amplify Energy,\ndan.furbee@amplifyenergy.com\nMr. Eric M. Willis, Senior Vice President and General Counsel, Amplify Energy Corp.,\neric.willis@amplifyenergy.com\n\n\n\nMr. Christopher Keegan, outside counsel for Beta Offshore, Kirkland & Ellis LLP,\nchris.keegan@kirkland.com\nMr. James Curry, outside counsel for Beta Offshore, Babst Calland,\njcurry@babstcalland.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nBeta Operating Company, LLC, ) CPF No. 5-2023-025-NOPV\nd/b/a Beta Offshore, )\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated April 6, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty and Proposed Compliance Order (Notice) to Beta Offshore (Beta or Respondent).\nIn response to the Notice, Respondent requested a hearing contesting all underlying violations,\nthe proposed civil penalty and portions of the proposed compliance order for Items 1, 2, and 3\n(Response). Beta also asked for the opportunity to meet informally with PHMSA to discuss all\nItems in the Notice. Respondent and PHMSA (The Parties) subsequently met to discuss the\nissues raised in the Response. As a result of those discussions, as explained in more detail\nbelow, the Parties have agreed to a Consent Agreement which makes findings of violation for\nItems 1, 2 and 3, assesses a reduced civil penalty of $46,600, and requires a series of compliance\nprovisions.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Beta is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49\nC.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of\nthe United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMay 10, 2024\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nBeta Offshore, ) CPF No. 5-2023-025-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom August 31 to September 3, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), inspected Beta Offshore’s (Beta or Respondent) San Pedro Bay\nPipeline (SPBPL), a pipeline that transports crude oil from Platform Elly, located off the coast of\nCalifornia in Federal waters, to Beta Pump Station located onshore in the City of Long Beach,\nCalifornia.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated April 6, 2023, a Notice of Probable Violation, Proposed Civil\nPenalty and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the\nNotice proposed finding that Respondent violated 49 C.F.R. § 195.452(g) (Item 1), § 195.573(a)\n(Item 2), and § 195.573(c) (Item 3) and proposed ordering Respondent to take certain measures\nto correct the alleged violations and a civil penalty of $58,400.\nBeta responded to the Notice by letter dated May 4, 2023 (Response). The company contested\nthe underlying violations, the proposed civil penalty, and portions of the proposed compliance\norder.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, the Parties\nhave agreed to a Consent Agreement which includes findings of violation for Items 1, 2 and 3, a\ncivil penalty of $46,600, and a series of compliance provisions.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent\nand agreement, the Parties hereby agree as follows:\nI. General Provisions\n\n\n\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except as provided in the Dispute\nResolution provisions set forth herein. Upon issuance of the Consent Order, Respondent agrees\nto withdraw its request for an administrative hearing regarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n\n\n\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Respondent neither admits nor denies any allegation or conclusion in the Notice\nor this Agreement but agrees for purposes of this Agreement to comply with the terms of this\nAgreement.\n11. This Agreement does not constitute a finding of violation of any federal law or\nregulation and may not be used in any civil proceeding of any kind as evidence or proof of any\nfact, fault or liability, or as evidence of a violation of any law, rule, regulation, or requirement,\nexcept in a proceeding to enforce the provisions of this Agreement or in future PHMSA\nenforcement actions.\nII. Findings of Violation:\n12. Item 1 - 49 C.F.R. § 195.452(g)(1-4): The Notice alleged that Respondent failed\nto integrate all the data elements set forth in 49 C.F.R. § 195.452(g)(1)-(4) when evaluating the\nintegrity of the Pipeline as required. In its Response, Beta recognized that its integrity management\nprogram could be improved and provided additional information on its plans for updating the\nprogram. As such, PHMSA finds a violation of 49 C.F.R. § 195.452(g)(1-4).\n13. Item 2 - 49 C.F.R. § 195.573(a)(1): The Notice alleged that Respondent failed to\nconduct tests on the Pipeline once each calendar year, at intervals not exceeding 15 months, to\ndetermine whether cathodic protection complies with 49 C.F.R. § 195.571. During settlement\ndiscussions the parties discussed Beta’s cathodic protection program, and Beta provided\nadditional related documentation. However, PHMSA finds a violation of 49 C.F.R. §\n195.573(a)(1).\n14. Item 3 - 49 C.F.R. § 195.573(c): The Notice alleged that Respondent failed to\nelectrically check rectifiers at the interval required by 49 C.F.R. § 195.573(c). During settlement\ndiscussions the parties discussed Beta’s external corrosion control program and its practices\naround rectifier inspections. As such, PHMSA finds a violation of 49 C.F.R. § 195.573(c).\n15. Items 1, 2, and 3 will be considered prior offenses in any future PHMSA\nenforcement action taken against Respondent for the five (5)-year period following the Effective\nDate of this Agreement.\n\n\n\nIII. Civil Penalty:\n16. Item 2: The Notice proposed assessing a civil penalty in the amount of $58,400\nfor Item 2. During settlement discussions, Beta provided PHMSA with additional\ndocumentation related to its cathodic protection program. Based on the documentation provided,\nPHMSA agrees to reduce the number of instances of violation from three (3) to one (1). This\nreduces the civil penalty to $46,600.\nIV. Compliance Plan:\n17. Item 1: Respondent agrees to complete and submit a new Integrity Management\nrisk assessment that incorporates and analyzes the data elements in § 195.452(g)(1)-(4) and\nsubmit to the Director within 60 days of the Effective Date.\n18. Item 2: Respondent agrees to implement the following measures:\n(a) As part of its annual cathodic protection surveys going forward (from the\nEffective Date), Respondent will:\ni. Include Test Points 16 and 17 as monitored points; and\nii. Evaluate cathodic protection at the location of Test Point 14 (on the\ncarrier pipe) using a trailing wire survey or equivalent technology.\n(b) Conduct a close interval survey (CIS) for the onshore portion of the San Pedro\nBay Pipeline marked in Attachment 1 at a minimum of three foot spacing in\nnon-paved areas and ten (10) foot spacing in paved areas to verify that\nadequate CP has been maintained on the pipeline within 730 days from the\nEffective Date.\n(c) Provide the Director a copy of all test results from the CIS within 60 days of\ncompleting the CIS.\n(d) Revise and implement rectifier reading and critical bond inspection forms to\nimprove monitoring and the ability to capture potential interference currents.\nTo satisfy this requirement Respondent may adopt a form from its corrosion\ncontrol contractor. Update and begin using these forms no later than the\nEffective Date.\n(e) Revise its IM Plan to require the evaluation of future ILI run data for external\ncorrosion that may be an indicator of interference currents, and documentation\nof this evaluation. Respondent is to complete these revisions and submit this\ndocumentation to the Director within 90 days of the Effective Date.\n(f) Submit a summary implementation report with supporting documentation\ndemonstrating compliance with the requirements set out in paragraphs 17(a)\n\n\n\nthrough (e) to the Director within 90 days of the Effective Date. The report\nshall include:\ni. The most recent cathodic protection survey report which includes Test\nPoints 16 and 17, and results for the location of Test Point 14.\nii. The revised rectifier reading and critical bond inspection form, which\nmay be a completed form from a recent inspection in which that form\nwas used.\niii. A progress report on the CIS referenced in 17(b).\niv. The revised IM plan risk assessment referenced in 17(e).\n19. Item 3: Respondent agrees to use NACE/AMPP-certified technicians to conduct\nall rectifier inspections required by § 195.573(c), beginning no later than on the Effective Date.\nWithin 30 days of the Effective Date, Respondent will submit documentation to the Director\ndemonstrating compliance with this requirement.\nV. Extensions of Time\n20. The Director may grant an extension of time for compliance with any of the terms\nof this Agreement, including the Compliance Plan in Section IV, upon a written request timely\nsubmitted demonstrating good cause for an extension. Except for the provisions in paragraph\n18(b), absent unexpected delays, Beta will submit any requests for extension no less than 14 days\nbefore the applicable deadline. The Director shall respond to any such requests within 14 days of\nreceipt.\n21. With respect to the CIS provision in paragraph 18(b), Beta will submit any\nrequests for an extension no less than 90 days before the applicable deadline. The request must\nbe in writing and include documentation demonstrating good cause. The Director shall respond\nto any such request within 60 days of receipt.\nVI. Enforcement:\n22. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $266,015 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and\nassociated schedules set forth or referenced in Section IV are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVII. Review and Approval Process:\n\n\n\n23. With respect to any submission under Section IV (Compliance Plan) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all\nactions as approved by the Director, subject to Respondent’s right to invoke the dispute\nresolution procedures with respect to any conditions the Director identifies. If the Director\ndisapproves all or any portion of the submission, the Director will provide Respondent a written\nnotice of the deficiencies. Respondent will correct all deficiencies within the time specified by\nthe Director and resubmit it for approval.\nVIII. Dispute Resolution:\n24. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Section\nIV. If Respondent and the Director are unable to informally resolve the dispute within 15\ncalendar days after the dispute is first raised, in writing, to the Director, Respondent may submit\na written request for a determination resolving the dispute from the Associate Administrator for\nPipeline Safety, PHMSA. Such request must be made in writing and provided to the Director,\ncounsel for the Western Region, and to the Associate Administrator for Pipeline Safety, no later\nthan 10 calendar days from the 15-day deadline for informal resolution referenced in this\nparagraph. Along with its request, Respondent must provide the Associate Administrator with\nall information Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a\ndispute and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend\nany term or timeframe for completion of any work to be performed under this Agreement during\nthe pendency of the dispute resolution process except as agreed by the Director or Associate\nAdministrator in writing.\nIX. Effective Date:\n25. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\n\n\n\nX. Recordkeeping and Information Disclosure:\n26. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed. For any reports, plans, or\nother deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must\nmark the claim of confidentiality in writing on each page, and include a statement specifying the\ngrounds for each claim of confidentially. PHMSA determines release of any information\nsubmitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nXI. Modification:\n27. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXII. Termination:\n28. This Agreement shall terminate on completion of all required tasks in the\nCompliance Plan in Section IV, as determined by the Director. Once Beta has completed all\nsuch tasks, Beta may request written confirmation of termination from PHMSA, and the Director\nwill provide such confirmation. Nothing in this Agreement prevents Respondent from\ncompleting any of the obligations earlier than the deadlines provided for in this Agreement.\nXIII. Ratification:\n29. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n30. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Beta Offshore\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\n________________________\nDate\n\n52023025NOPV_Closure Letter_09052025_(21-200502).pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nVIA ELECTRONIC MAIL TO: dan.furbee@amplifyenergy.com\n12300 W. Dakota Ave., Suite 340\nLakewood, CO 80228\nSeptember 5, 2025\nMr. Daniel Furbee\nChief Executive Officer\nAmplify Energy Corp.\n500 Dallas Street, Suite 1700\nHouston, Texas 77002\nCPF 5-2023-025-NOPV\nClosure Letter\nDear Mr. Furbee:\nOn May 10, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\na Consent Order incorporating the terms of the Consent Agreement between PHMSA and the\nBeta Operating Company, LLC, d/b/a Beta Offshore in the above-referenced case. This Order\nincluded a Compliance Order requirement for the Beta Offshore to take certain corrective actions\non its pipeline.\nPer the terms of the Consent Agreement, the Consent Agreement would terminate once the Beta\nOffshore addressed all the tasks listed in the Consent Agreement, which was completed August\n14, 2025.\nAccordingly, the Consent Agreement is terminated, and this case is now closed. Thank you for\nyour cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam (#21-200502)\nMr. Eric M. Willis, Senior Vice President and General Counsel, Amplify Energy Corp.,\neric.willis@amplifyenergy.com\nMr. Christopher Keegan, Outside Counsel for Beta Offshore, Kirkland & Ellis LLP,\nchris.keegan@kirkland.com\nMr. James Curry, Outside Counsel for Beta Offshore, Babst Calland,\njcurry@babstcalland.com\n\n52023025NOPV_PHC Hearing Rescheduled_02202024_(21-200502)_text.pdf\n\nDate: February 20, 2024\nFrom: Larry White\nTo: File\nRe: Continuance of Hearing, Amplify Energy/Beta Offshore\nCPF No. 5-2023-025-NOPV\nBy letter dated February 13, 2024, Alexandra Iorio, Counsel for OPS Western Region, and James\nCurry, Counsel for Amplify Energy/Beta Offshore, submitted a joint request for a continuance of\nthe hearing previously scheduled for March 6, 2024. The request explained that the parties were\nengaged in settlement discussions to resolve the case which would make a hearing unnecessary and\nadditional time was needed to conclude the negotiations due to the complexity of the case.\nI granted the request for a continuance until May 8, 2024 which will be the new hearing date if\nresolution by consent agreement is not completed by that time.\n\n52023025NOPV_PHC Hearing Canceled_05142024_(21-200502)_text.pdf\n\nDate: May 14, 2024\nFrom: Larry White\nTo: File\nRe: Cancelation of Hearing, Amplify Energy/SFPP\nCPF No. 5-2023-025-NOPV\nOn May 10, 2024, PHMSA issued a Consent Agreement and Order which resolved this case\nwithout any need for a hearing. Therefore, the previously scheduled hearing is automatically\ncanceled.\n\n52023025NOPV_PHC Hearing Scheduled_07132023_(21-200502)_text.pdf\n\nJuly 13, 2023\nVIA ELECTRONIC MAIL TO: chris.keegan@kirkland.com.com and\ndustin.hubbard@dot.gov\nMr. Christopher W. Keegan, Esq.\nCounsel for Amplify Energy Corporation\nKirkland & Ellis, LLP\n555 California Street\nSan Francisco, CA 94104\nMr. Dustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n12300 W. Dakota Avenue, Suite 110\nLakewood, CO 80228\nRe: Notice of Hearing, Amplify Energy Corporation\nCPF No. 5-2023-025-NOPV\nDear Mr. Keegan and Mr. Hubbard:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the Pipeline\nand Hazardous Materials Safety Administration in the above-referenced case. The hearing will take\nplace on March 6th, 2024, immediately following the hearing in Case No. 5-2023-011-NOPV or\nbeginning at 1:00 p.m. Mountain Time.\nThe hearing will be held at the PHMSA Western Region office, 12300 W. Dakota Ave, Suite 110,\nLakewood, CO 80228. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (720) 963-\n3160.\nAt least 10 calendar days prior to the hearing (or by February 26, 2024), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and the name and email\naddress of each attendee. This information should be provided electronically. Materials not submitted\nby this date may be excluded. If you have any questions, please do not hesitate to contact me.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Dan Steward, Vice President, Beta Offshore, Amplify Energy Corporation,\ndan.steward@amplifyenergy.com\nMs. Kathleen Maitland, Counsel, Western Region, Office of Pipeline Safety,\nkathleen.maitland@dot.gov\n\n52023025NOPV_Closure Letter_09052025_(21-200502)_txt.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nVIA ELECTRONIC MAIL TO: dan.furbee@amplifyenergy.com\n12300 W. Dakota Ave., Suite 340\nLakewood, CO 80228\nSeptember 5, 2025\nMr. Daniel Furbee\nChief Executive Officer\nAmplify Energy Corp.\n500 Dallas Street, Suite 1700\nHouston, Texas 77002\nCPF 5-2023-025-NOPV\nClosure Letter\nDear Mr. Furbee:\nOn May 10, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\na Consent Order incorporating the terms of the Consent Agreement between PHMSA and the\nBeta Operating Company, LLC, d/b/a Beta Offshore in the above-referenced case. This Order\nincluded a Compliance Order requirement for the Beta Offshore to take certain corrective actions\non its pipeline.\nPer the terms of the Consent Agreement, the Consent Agreement would terminate once the Beta\nOffshore addressed all the tasks listed in the Consent Agreement, which was completed August\n14, 2025.\nAccordingly, the Consent Agreement is terminated, and this case is now closed. Thank you for\nyour cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam (#21-200502)\nMr. Eric M. Willis, Senior Vice President and General Counsel, Amplify Energy Corp.,\neric.willis@amplifyenergy.com\nMr. Christopher Keegan, Outside Counsel for Beta Offshore, Kirkland & Ellis LLP,\nchris.keegan@kirkland.com\nMr. James Curry, Outside Counsel for Beta Offshore, Babst Calland,\njcurry@babstcalland.com","truncated":false,"body_characters":31208}