{"operation":"document","citation":"CPF 52023057WL","title":"NUTAAQ PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-19","effective_on":null,"summary":"CLOSED warning letter citing 192.161(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023057wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023057wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023057wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023057WL","body":"Warning Letter involving NUTAAQ PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 192.161(c). The case was opened on 2023-12-19 and is reported as closed as of 2023-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023057WL_Warning Letter_12192023_(23-265655).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023057WL/52023057WL_Warning%20Letter_12192023_(23-265655).pdf\n\n52023057WL_Warning Letter_12192023_(23-265655)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023057WL/52023057WL_Warning%20Letter_12192023_(23-265655)_text.pdf\n\n52023057WL_Warning Letter_12192023_(23-265655)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: DPASCAL@GLACIEROIL.COM\nDecember 19, 2023\nMr. David Pascal\nChief Operating Officer\nNutaaq Pipeline, LLC\n188 W. Northern Lights Blvd, Suite 510\nAnchorage, AK 99503\nCPF 5-2023-057-WL\nDear Mr. Pascal:\nOn July 31, 2023, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nNutaaq Pipeline, LCC’s (Nutaaq or Operator) Badami offshore gas gathering pipeline in\nAnchorage, Alaska.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. § 192.161 Supports and anchors.\n(a) . . . .…\n\n\n\n(c) Each support or anchor on an exposed pipeline must be made of durable,\nnoncombustible material and must be designed and installed as follows:...\nNutaaq failed to use durable, noncombustible material as a support or anchor on its exposed\npipeline as required. Specifically, photos presented by the Operator during the inspection\nrevealed that wood cribbing was used to support the upstream anchors, which is not permitted\npursuant to § 192.161(c).\nTherefore, Nutaaq failed to use durable, noncombustible material as an anchor on its pipeline as\nrequired by the pipeline safety regulations.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022, and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021, and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021, and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018, and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015, and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nNutaaq Pipeline, LLC being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply in your correspondence, please refer to\nCPF 5-2023-057-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document, you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gano, C. Dolchok (#23-265655)","truncated":false,"body_characters":4859}