{"operation":"document","citation":"CPF 52024016NOPV","title":"ALASKA PIPELINE COMPANY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-05-23","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.201(a)(2)(i), 192.605(b)(1), 192.615(a)(2), 192.739(a), 192.743(a), 192.807, 192.925(a), 192.925(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024016nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024016nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024016nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024016NOPV","body":"Notice of Probable Violation involving ALASKA PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192.201(a)(2)(i),  192.605(b)(1),  192.615(a)(2),  192.739(a),  192.743(a),  192.807,  192.925(a),  192.925(b). The case was opened on 2024-05-23 and is reported as closed as of 2025-10-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024016NOPV_Closure Letter_10232025_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Closure%20Letter_10232025_(23-264378).pdf\n\n52024016NOPV_Closure Letter_10232025_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Closure%20Letter_10232025_(23-264378)_text.pdf\n\n52024016NOPV_Consent Agreement and Order_06242025_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Consent%20Agreement%20and%20Order_06242025_(23-264378).pdf\n\n52024016NOPV_Consent Agreement and Order_06242025_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Consent%20Agreement%20and%20Order_06242025_(23-264378)_text.pdf\n\n52024016NOPV_Operator Response to Notice and Request for Hearing and Informal Consultation_08232024_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Informal%20Consultation_08232024_(23-264378).pdf\n\n52024016NOPV_Operator Withdrawal of Hearing Request_06252025_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_06252025_(23-264378).pdf\n\n52024016NOPV_PCO_05232024_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PCO_05232024_(23-264378).pdf\n\n52024016NOPV_PCO_05232024_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PCO_05232024_(23-264378)_text.pdf\n\n52024016NOPV_PHC Hearing Rescheduled_03032025_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PHC%20Hearing%20Rescheduled_03032025_(23-264378).pdf\n\n52024016NOPV_PHC Hearing Rescheduled_03032025_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PHC%20Hearing%20Rescheduled_03032025_(23-264378)_text.pdf\n\n52024016NOPV_PHC Hearing Scheduled_10092024_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PHC%20Hearing%20Scheduled_10092024_(23-264378).pdf\n\n52024016NOPV_PHC Hearing Scheduled_10092024_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PHC%20Hearing%20Scheduled_10092024_(23-264378)_text.pdf\n\n52024016NOPV_PHC Hearing Rescheduled_03032025_(23-264378)_text.pdf\n\nDate: March 3, 2025\nFrom: Joseph St. Peter\nTo: File\nRe: Continuance of Informal Hearing in CPF No. 5-2024-016-NOPV (Alaska Pipeline\nCompany)\nBy electronic mail on February 27, 2025, Jim Curry, outside counsel for Alaska Pipeline\nCompany, and Katy Maitland, counsel for Western Region, provided a joint status update\nindicating that the parties are engaged in settlement discussions and therefore requested a\ncontinuance of the scheduled March 19, 2025 hearing date. The request is granted, and the\ninformal hearing in this case will be held via videoconference on Monday May 19, 2025, at 9:00\na.m. Alaska Daylight Time. Pre-hearing submissions under 49 CFR § 190.211(d) are due no\nlater than May 9, 2025. The videoconference information will be provided to the parties prior to\nthe hearing.\n\n52024016NOPV_Closure Letter_10232025_(23-264378)_text.pdf\n\nVIA ELECTRONIC MAIL TO: john.sims@enstarnaturalgas.com\nOctober 23, 2025\nMr. John Sims\nPresident\nAlaska Pipeline Company\nPO Box 190288\nAnchorage, AK 99519\nCPF 5-2024-016-NOPV\nClosure Letter\nDear Mr. Sims:\nOn June 24, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto the Alaska Pipeline Company a Consent Order in the above-referenced case. This Order\nincluded a Compliance Term. Based on our review of the documentation you provided it has\nbeen determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Lyon (#23-264378)\nHailey J. Imlach, Risk & Comm Supervisor, Hailey.Imlach@enstarnaturalgas.com\n\n52024016NOPV_PHC Hearing Scheduled_10092024_(23-264378)_text.pdf\n\nOctober 9, 2024\nVIA ELECTRONIC MAIL TO: steve.cooper@enstarnaturalgas.com and\ndustin.hubbard@dot.gov\nMr. Steve Cooper\nVP of Operations & Engineering\nAlaska Pipeline Company, LLC\nP.O. Box 190288\nAnchorage, AK 99519\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, Alaska Pipeline Company\nCPF No. 5-2024-016-NOPV\nDear Mr. Cooper and Mr. Hubbard:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will be held via videoconference\non March 19, 2025, beginning at 8:30 a.m. Alaska Time. The videoconference information will be\nprovided prior to the hearing.\nAt least 10 calendar days prior to the hearing (or by March 10, 2025), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and the name and\nemail address of each attendee. This information should be provided electronically. Materials not\nsubmitted by this date may be excluded. If you have any questions, please do not hesitate to contact\nme.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. John Sims, President, Alaska Pipeline Company, john.sims@enstarnaturalgas.com\nMs. Alexandra Iorio, OPS Western Region Counsel, PHMSA, alexandra.iorio@dot.gov\nMs. Kathleen Maitland, OPS Western Region Counsel, PHMSA,\nkathleen.maitland@dot.gov\n\n52024016NOPV_Consent Agreement and Order_06242025_(23-264378)_text.pdf\n\nJune 24, 2025\nELECTRONIC MAIL TO: john.sims@enstarnaturalgas.com\nMr. John Sims\nPresident\nAlaska Pipeline Company\nPO Box 190288\nAnchorage, Alaska 99519\nCPF No. 5-2024-016-NOPV\nDear Mr. Sims:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Alaska Pipeline\nCompany, which was executed on June 11, 2025. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure: (Consent Order and Consent Agreement)\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Jim Curry, Esq., Babst Calland\nMr. Steve Cooper, VP of Operations & Engineering, Alaska Pipeline Company\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 )\nAlaska Pipeline Company, ) CPF No. 5-2024-016-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated May 23, 2024, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed\nCompliance Order (Notice) to Alaska Pipeline Company (APC or Respondent).\nIn response to the Notice, Respondent requested a hearing on Items 1, 4, 5, 6, 7, contesting the\nunderlying violation and proposed compliance order related to each Item (Response). APC also\nasked for the opportunity to meet informally with PHMSA to discuss Items 1, 4, 5, 6, and 7 in\nthe Notice. Respondent and PHMSA (The Parties) subsequently met to discuss the issues raised\nin the Response. As a result of those discussions, as explained in more detail below, the Parties\nhave agreed to a Consent Agreement by which makes findings of violation, withdraws two\nallegations within the Notice, and reduces an Item to a warning.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. APC 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\nCFR § 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 CFR § 190.5.\n______________________ ______________________\nLinda Daugherty Date Issued\nActing Associate 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 )\nAlaska Pipeline Company ) CPF No. 5-2024-016-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom January 18, 2023, through May 10, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of Title 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of\nthe facilities and records of Alaska Pipeline Company’s (APC or Respondent) Beluga Gas\nNatural Gas Transmission Line System in the Matanuska-Susitna and Anchorage Boroughs of\nAlaska.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated May 23, 2024, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included two warnings pursuant to 49 CFR § 190.205.\nIn accordance with 49 CFR § 190.207, the Notice proposed finding that APC committed\nviolations of six provisions of 49 CFR Part 192 (Items 1, 4, 5, 6, 7, 8), and proposed ordering\nRespondent to take certain measures to correct the alleged violations. The other probable\nviolations (Items 2, 3) were brought as warnings, advising the operator to correct the probable\nviolations or face potential future enforcement action.\nAPC responded to the Notice by letter dated August 23, 2024 (Response).2 The company\ncontested the violations for Items 1, 4, 5, 6, and 7, and the proposed compliance order as it\nrelated to those Items.\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 by which PHMSA makes findings of violation, withdraws\n1 Alaska Pipeline Company is a subsidiary of ENSTAR Natural Gas Company.\n2 APC requested, via letter dated June 20, 2024, a 60-day extension to respond to the Notice. PHMSA granted this\nrequest via letter dated July 1, 2024.\n\n\n\nallegations made in the Notice, reduces one Item to a warning, and Respondent agrees to\ncomplete certain compliance actions.\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 CFR Part 190, and upon consent and\nagreement, the Parties hereby agree as follows:\nI. General Provisions\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 for the Dispute Resolution\nprovisions set forth herein. Upon receipt of the executed Consent Order, Respondent agrees to\nwithdraw 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,\n\n\n\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.\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. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Findings of Violation:\n11. Item 1 - 49 CFR § 192.201(a)(2)(i): The Notice alleged APC failed to set its\npressure relief valves (PRV) to set points that ensure pressure will not exceed the maximum\nallowable operating pressure (MAOP) plus 10 percent, as required. The Notice further alleged\nAPC could not produce documentation and calculations showing that the accumulation of the\nPRVs had been accounted for in establishing the set points. APC contested this Item, and the\nparties discussed this allegation during settlement discussions. Upon consideration of further\ninformation, PHMSA withdraws the allegation of violation as it relates to pressure relief valve\nW-PSV-0562 Pretty Creek and, without admission, APC accepts that PHMSA finds a violation\nof 49 CFR § 192.201(a)(2)(i) as it relates to pressure relief valves B604-14R Ivan River and W-\nPSV-0370 Lewis River. Regarding these two remaining PRVs, APC explained that the setpoints\nfor both were reduced in 2023, after the PHMSA inspection but prior to issuance of the NOPV.\nAPC also explained that gas pressure and throughput have declined on the Ivan River and Lewis\nRiver laterals over time. As a result, APC explained, both of the PRVs were adequate to prevent\noverpressure at the prior settings despite the fact that the manufacturer did not specify buildup\npressures for APC’s required capacities. Respondent has satisfactorily fulfilled the requirements\n\n\n\nof the proposed compliance order for this Item that was included in the Notice. No further action\nis necessary as it relates to this Item.\n12. Item 5 - 49 CFR § 192.743(a): The Notice alleged APC failed to conduct annual\nrelief valve calculation reviews on pressure relief valves, as required. APC contested this Item,\nand the parties discussed the allegations during settlement discussions. After consideration of\nfurther information, PHMSA withdraws the allegation of violation as it relates to pressure relief\nvalves APC PSV B601-15R, APC PSV B604.14R Ivan River, and MP0 TY-BJ-PSV001 and W-\nPSV-0562 Pretty Creek and, without admission, APC accepts that PHMSA finds a violation of\n49 CFR § 192.743(a) as it relates to pressure relief valve W-PSV-0370 Lewis River.\n13. Item 8 - 49 CFR § 192.925(b): The Notice alleged APC failed to follow applicable\nrequirements when using external corrosion direct assessments (ECDA) on multiple Beluga Gas\nNatural Gas Transmission System laterals that were subject to the integrity re-assessment\nrequirements of § 192.937(a), as required. Respondent does not contest the allegation of violation\nas alleged in the Notice. As such, PHMSA finds a violation of 49 CFR § 192.925(b). Respondent\nsubmitted documentation during the course of the settlement discussions that satisfactorily fulfilled\nthe requirements of the proposed compliance order for this Item that was included in the Notice.\nNo further action is necessary as it relates to this Item.\n14. Items 1, 5, and 8 will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent for the five (5)-year period following the\nEffective Date of this Agreement.\nIII. Warning Items:\n15. Item 2 - 49 CFR § 192.605(b)(1): The Notice alleged APC failed to have\nprocedures for operating, maintaining and repairing the pipeline in accordance with each\nrequirement of Subpart M, as required. Specifically, the Notice alleged that APC’s procedures\ndid not specify collection and review of documents and calculations for the pressure safety\ndevices located upstream of its facilities that protect its facilities. This Item was brought as a\nwarning Item and does not constitute a finding of violation.\n16. Item 3 - 49 CFR § 192.615(a)(2): The Notice alleged that APC failed to establish\nprocedures to maintain adequate means of communication with the appropriate public safety\nanswering point, where direct access to a 9-1-1 emergency call center is available from the\nlocation of the pipeline, and fire, police, and other public officials as required. This Item was\nbrought as a warning Item and does not constitute a finding of violation.\n17. Item 7 - 49 CFR § 192.807: The Notice alleged that APC failed to obtain and\nmaintain qualification records as required by § 192.807 for individuals that completed, or should\nhave completed, inspection and calibration tasks required by § 192.739, for three upstream,\nproducer owned, pressure relief valves that provide protection to the APC Beluga pipeline. This\nItem was brought as a violation. APC contested the allegations for this Item and provided\nadditional information to PHMSA. As a result, the Parties agree this will be a warning item,\nwhich does not constitute a finding of violation. Further, Respondent has satisfactorily fulfilled\n\n\n\nthe requirements of the proposed compliance order for this Item that was included in the Notice.\nNo further action is necessary as it relates to this Item.\n18. For Warning Items 2, 3, and 7, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Withdrawn Items:\n19. Item 4 - 49 CFR § 192.739(a): The Notice alleged APC failed to conduct the\nannual inspections and calibrations required by § 192.739(a) on multiple pressure limiting station\nrelief devices. APC contested the allegations in the Notice for this Item and provided additional\ninformation to PHMSA. After consideration of further information, PHMSA withdraws the\nallegation of violation.\n20. Item 6 - 49 CFR § 192.743(a): The Notice alleged APC failed to determine the\nrelief capacity of multiple relief devices valves on the top of the horizontal condensate holding\ntank, located at the MP39 site, as required. APC contested this Item, and the parties discussed the\nallegations during settlement discussions. As a result of those discussions, PHMSA agrees to\nwithdraw this Item.\nV. Compliance Terms:\n21. Item 5 - 49 CFR § 192.743(a): The Notice proposed certain compliance order\nactions to address the non-compliance alleged in the Notice. Respondent contested the\nunderlying allegations in the Notice and the associated compliance measures. The Parties\ndiscussed this Item during settlement discussions and APC provided additional information,\npartially satisfying the proposed compliance terms in the Notice. As such, Respondent agrees to\nundertake the following remaining corrective measures regarding annual capacity reviews of the\nPRVs protecting its system.\nWithin 180 days of the Effective Date, APC must submit documentation to the Director,\nWestern Region, demonstrating that APC conducted and documented an engineering review of\nthe PRV capacity calculations for PRV: W-PSV-0370 Lewis River.\nVI. Enforcement:\n22. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $272,926 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\n\n\n\npenalty amounts are adjusted annually for inflation. See 49 CFR § 190.223. All corrective\nmeasures and associated schedules set forth or referenced in Section V (Compliance Terms) are\nautomatically incorporated into this Agreement and are enforceable in the same manner.\nVII. Review and Approval Process:\n23. With respect to any submission under Section V (Compliance Terms) 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\nV Compliance Terms. If Respondent and the Director are unable to informally resolve the\ndispute within 15 calendar days after the dispute is first raised, in writing, to the Director,\nRespondent may submit a written request for a determination resolving the dispute from the\nAssociate Administrator. Such request must be made in writing and provided to the Director,\ncounsel for the Western Region, and to the Associate Administrator, no later than 10 calendar\ndays from the 15-day deadline for informal resolution referenced in this paragraph. Along with\nits request, Respondent must provide the Associate Administrator with all information\nRespondent believes is relevant to the dispute. Decisions of the Associate Administrator under\nthis paragraph will constitute final agency action. The existence of a dispute and PHMSA’s\nconsideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe\nfor completion of any work to be performed under this Agreement during the pendency of the\ndispute resolution process, except as agreed by the Director or Associate Administrator in\nwriting.\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 incorporating the terms of this Agreement.\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, unless a longer period of\ntime is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim\n\n\n\nof business confidentiality or other protections applicable to the release of information by\nPHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to\nthis Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of\nconfidentiality in writing on each page and include a statement specifying the grounds for each\nclaim of confidentially. PHMSA determines release of any information submitted pursuant to\nthis Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. §\n552, DOT and PHMSA policies, and other applicable regulations and 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 will remain in effect until the Compliance Terms in Section V is\nsatisfied, as determined by the Director. The Agreement shall not terminate until the Director\nconfirms, in writing, that the Agreement is terminated in accordance with this paragraph.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier\nthan 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 Alaska Pipeline Company:\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Western Region, Office of Pipeline Safety\n________________________\nDate","truncated":false,"body_characters":29292}