# ALASKA PIPELINE COMPANY, LLC — Notice of Probable Violation

- **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:** Not available
- **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).
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- **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.

Official case documents:

52024016NOPV_Closure Letter_10232025_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Closure%20Letter_10232025_(23-264378).pdf

52024016NOPV_Closure Letter_10232025_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_Closure%20Letter_10232025_(23-264378)_text.pdf

52024016NOPV_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

52024016NOPV_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

52024016NOPV_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

52024016NOPV_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

52024016NOPV_PCO_05232024_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PCO_05232024_(23-264378).pdf

52024016NOPV_PCO_05232024_(23-264378)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PCO_05232024_(23-264378)_text.pdf

52024016NOPV_PHC Hearing Rescheduled_03032025_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PHC%20Hearing%20Rescheduled_03032025_(23-264378).pdf

52024016NOPV_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

52024016NOPV_PHC Hearing Scheduled_10092024_(23-264378).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024016NOPV/52024016NOPV_PHC%20Hearing%20Scheduled_10092024_(23-264378).pdf

52024016NOPV_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

52024016NOPV_PHC Hearing Rescheduled_03032025_(23-264378)_text.pdf

Date: March 3, 2025
From: Joseph St. Peter
To: File
Re: Continuance of Informal Hearing in CPF No. 5-2024-016-NOPV (Alaska Pipeline
Company)
By electronic mail on February 27, 2025, Jim Curry, outside counsel for Alaska Pipeline
Company, and Katy Maitland, counsel for Western Region, provided a joint status update
indicating that the parties are engaged in settlement discussions and therefore requested a
continuance of the scheduled March 19, 2025 hearing date. The request is granted, and the
informal hearing in this case will be held via videoconference on Monday May 19, 2025, at 9:00
a.m. Alaska Daylight Time. Pre-hearing submissions under 49 CFR § 190.211(d) are due no
later than May 9, 2025. The videoconference information will be provided to the parties prior to
the hearing.

52024016NOPV_Closure Letter_10232025_(23-264378)_text.pdf

VIA ELECTRONIC MAIL TO: john.sims@enstarnaturalgas.com
October 23, 2025
Mr. John Sims
President
Alaska Pipeline Company
PO Box 190288
Anchorage, AK 99519
CPF 5-2024-016-NOPV
Closure Letter
Dear Mr. Sims:
On June 24, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued
to the Alaska Pipeline Company a Consent Order in the above-referenced case. This Order
included a Compliance Term. 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 C. Lyon (#23-264378)
Hailey J. Imlach, Risk & Comm Supervisor, Hailey.Imlach@enstarnaturalgas.com

52024016NOPV_PHC Hearing Scheduled_10092024_(23-264378)_text.pdf

October 9, 2024
VIA ELECTRONIC MAIL TO: steve.cooper@enstarnaturalgas.com and
dustin.hubbard@dot.gov
Mr. Steve Cooper
VP of Operations & Engineering
Alaska Pipeline Company, LLC
P.O. Box 190288
Anchorage, AK 99519
Mr. Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
12300 W. Dakota Avenue, Suite 110
Lakewood, CO 80228
Re: Notice of Hearing, Alaska Pipeline Company
CPF No. 5-2024-016-NOPV
Dear Mr. Cooper and Mr. Hubbard:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials
Safety Administration in the above-referenced case. The hearing will be held via videoconference
on March 19, 2025, beginning at 8:30 a.m. Alaska Time. The videoconference information will be
provided prior to the hearing.
At least 10 calendar days prior to the hearing (or by March 10, 2025), both parties must submit and
exchange any additional written materials they intend to present at the hearing and the name and
email address of each attendee. This information should be provided electronically. Materials not
submitted by this date may be excluded. If you have any questions, please do not hesitate to contact
me.
Sincerely,
Larry White
Presiding Official



cc: Mr. John Sims, President, Alaska Pipeline Company, john.sims@enstarnaturalgas.com
Ms. Alexandra Iorio, OPS Western Region Counsel, PHMSA, alexandra.iorio@dot.gov
Ms. Kathleen Maitland, OPS Western Region Counsel, PHMSA,
kathleen.maitland@dot.gov

52024016NOPV_Consent Agreement and Order_06242025_(23-264378)_text.pdf

June 24, 2025
ELECTRONIC MAIL TO: john.sims@enstarnaturalgas.com
Mr. John Sims
President
Alaska Pipeline Company
PO Box 190288
Anchorage, Alaska 99519
CPF No. 5-2024-016-NOPV
Dear Mr. Sims:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Alaska Pipeline
Company, which was executed on June 11, 2025. Service of the Consent Order and Consent
Agreement by electronic mail is deemed effective upon the date of transmission and
acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Linda Daugherty
Acting Associate Administrator
for Pipeline Safety
Enclosure: (Consent Order and Consent Agreement)
cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Jim Curry, Esq., Babst Calland
Mr. Steve Cooper, VP of Operations & Engineering, Alaska Pipeline Company



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Alaska Pipeline Company, ) CPF No. 5-2024-016-NOPV
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated May 23, 2024, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed
Compliance Order (Notice) to Alaska Pipeline Company (APC or Respondent).
In response to the Notice, Respondent requested a hearing on Items 1, 4, 5, 6, 7, contesting the
underlying violation and proposed compliance order related to each Item (Response). APC also
asked for the opportunity to meet informally with PHMSA to discuss Items 1, 4, 5, 6, and 7 in
the Notice. Respondent and PHMSA (The Parties) subsequently met to discuss the issues raised
in the Response. As a result of those discussions, as explained in more detail below, the Parties
have agreed to a Consent Agreement by which makes findings of violation, withdraws two
allegations within the Notice, and reduces an Item to a warning.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. APC is hereby ordered to comply with the terms of the Consent Agreement
pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent
Order may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49
CFR § 190.223, or in referral to the Attorney General for appropriate relief in a district court of
the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 CFR § 190.5.
______________________ ______________________
Linda Daugherty Date Issued
Acting Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Alaska Pipeline Company ) CPF No. 5-2024-016-NOPV
)
)
)
Respondent. )
____________________________________)
CONSENT AGREEMENT
From January 18, 2023, through May 10, 2023, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter
601 of Title 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of
the facilities and records of Alaska Pipeline Company’s (APC or Respondent) Beluga Gas
Natural Gas Transmission Line System in the Matanuska-Susitna and Anchorage Boroughs of
Alaska.1
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated May 23, 2024, a Notice of Probable Violation and Proposed
Compliance Order (Notice), which also included two warnings pursuant to 49 CFR § 190.205.
In accordance with 49 CFR § 190.207, the Notice proposed finding that APC committed
violations of six provisions of 49 CFR Part 192 (Items 1, 4, 5, 6, 7, 8), and proposed ordering
Respondent to take certain measures to correct the alleged violations. The other probable
violations (Items 2, 3) were brought as warnings, advising the operator to correct the probable
violations or face potential future enforcement action.
APC responded to the Notice by letter dated August 23, 2024 (Response).2 The company
contested the violations for Items 1, 4, 5, 6, and 7, and the proposed compliance order as it
related to those Items.
PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. As a result of those discussions and as explained in more detail below, the Parties
have agreed to a Consent Agreement by which PHMSA makes findings of violation, withdraws
1 Alaska Pipeline Company is a subsidiary of ENSTAR Natural Gas Company.
2 APC requested, via letter dated June 20, 2024, a 60-day extension to respond to the Notice. PHMSA granted this
request via letter dated July 1, 2024.



allegations made in the Notice, reduces one Item to a warning, and Respondent agrees to
complete certain compliance actions.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the
environment, pursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and
agreement, the Parties hereby agree as follows:
I. General Provisions
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent
acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the
Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,
and the regulations and orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Agreement by issuing an administrative
order (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement
constitute an offer of settlement until accepted by the Associate Administrator. Once accepted,
the Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.
3. Respondent consents to the issuance of the Consent Order and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except for the Dispute Resolution
provisions set forth herein. Upon receipt of the executed Consent Order, Respondent agrees to
withdraw its request for an administrative hearing regarding the Notice.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent’s officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements or understandings relating
to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,



et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to
bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective
transferee at least 30 days prior to such transfer. Respondent will provide written notice of the
transfer to the Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
Respondent remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as set forth herein, this Agreement does not constitute a finding of
violation of any other federal law or regulation and may not be used in any civil proceeding of
any kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any
law, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this
Agreement or in future PHMSA enforcement actions.
II. Findings of Violation:
11. Item 1 - 49 CFR § 192.201(a)(2)(i): The Notice alleged APC failed to set its
pressure relief valves (PRV) to set points that ensure pressure will not exceed the maximum
allowable operating pressure (MAOP) plus 10 percent, as required. The Notice further alleged
APC could not produce documentation and calculations showing that the accumulation of the
PRVs had been accounted for in establishing the set points. APC contested this Item, and the
parties discussed this allegation during settlement discussions. Upon consideration of further
information, PHMSA withdraws the allegation of violation as it relates to pressure relief valve
W-PSV-0562 Pretty Creek and, without admission, APC accepts that PHMSA finds a violation
of 49 CFR § 192.201(a)(2)(i) as it relates to pressure relief valves B604-14R Ivan River and W-
PSV-0370 Lewis River. Regarding these two remaining PRVs, APC explained that the setpoints
for both were reduced in 2023, after the PHMSA inspection but prior to issuance of the NOPV.
APC also explained that gas pressure and throughput have declined on the Ivan River and Lewis
River laterals over time. As a result, APC explained, both of the PRVs were adequate to prevent
overpressure at the prior settings despite the fact that the manufacturer did not specify buildup
pressures for APC’s required capacities. Respondent has satisfactorily fulfilled the requirements



of the proposed compliance order for this Item that was included in the Notice. No further action
is necessary as it relates to this Item.
12. Item 5 - 49 CFR § 192.743(a): The Notice alleged APC failed to conduct annual
relief valve calculation reviews on pressure relief valves, as required. APC contested this Item,
and the parties discussed the allegations during settlement discussions. After consideration of
further information, PHMSA withdraws the allegation of violation as it relates to pressure relief
valves APC PSV B601-15R, APC PSV B604.14R Ivan River, and MP0 TY-BJ-PSV001 and W-
PSV-0562 Pretty Creek and, without admission, APC accepts that PHMSA finds a violation of
49 CFR § 192.743(a) as it relates to pressure relief valve W-PSV-0370 Lewis River.
13. Item 8 - 49 CFR § 192.925(b): The Notice alleged APC failed to follow applicable
requirements when using external corrosion direct assessments (ECDA) on multiple Beluga Gas
Natural Gas Transmission System laterals that were subject to the integrity re-assessment
requirements of § 192.937(a), as required. Respondent does not contest the allegation of violation
as alleged in the Notice. As such, PHMSA finds a violation of 49 CFR § 192.925(b). Respondent
submitted documentation during the course of the settlement discussions that satisfactorily fulfilled
the requirements of the proposed compliance order for this Item that was included in the Notice.
No further action is necessary as it relates to this Item.
14. Items 1, 5, and 8 will be considered by PHMSA as prior offenses in any future
PHMSA enforcement action taken against Respondent for the five (5)-year period following the
Effective Date of this Agreement.
III. Warning Items:
15. Item 2 - 49 CFR § 192.605(b)(1): The Notice alleged APC failed to have
procedures for operating, maintaining and repairing the pipeline in accordance with each
requirement of Subpart M, as required. Specifically, the Notice alleged that APC’s procedures
did not specify collection and review of documents and calculations for the pressure safety
devices located upstream of its facilities that protect its facilities. This Item was brought as a
warning Item and does not constitute a finding of violation.
16. Item 3 - 49 CFR § 192.615(a)(2): The Notice alleged that APC failed to establish
procedures to maintain adequate means of communication with the appropriate public safety
answering point, where direct access to a 9-1-1 emergency call center is available from the
location of the pipeline, and fire, police, and other public officials as required. This Item was
brought as a warning Item and does not constitute a finding of violation.
17. Item 7 - 49 CFR § 192.807: The Notice alleged that APC failed to obtain and
maintain qualification records as required by § 192.807 for individuals that completed, or should
have completed, inspection and calibration tasks required by § 192.739, for three upstream,
producer owned, pressure relief valves that provide protection to the APC Beluga pipeline. This
Item was brought as a violation. APC contested the allegations for this Item and provided
additional information to PHMSA. As a result, the Parties agree this will be a warning item,
which does not constitute a finding of violation. Further, Respondent has satisfactorily fulfilled



the requirements of the proposed compliance order for this Item that was included in the Notice.
No further action is necessary as it relates to this Item.
18. For Warning Items 2, 3, and 7, if OPS finds a violation of these provisions in a
subsequent inspection, Respondent may be subject to future enforcement action.
IV. Withdrawn Items:
19. Item 4 - 49 CFR § 192.739(a): The Notice alleged APC failed to conduct the
annual inspections and calibrations required by § 192.739(a) on multiple pressure limiting station
relief devices. APC contested the allegations in the Notice for this Item and provided additional
information to PHMSA. After consideration of further information, PHMSA withdraws the
allegation of violation.
20. Item 6 - 49 CFR § 192.743(a): The Notice alleged APC failed to determine the
relief capacity of multiple relief devices valves on the top of the horizontal condensate holding
tank, located at the MP39 site, as required. APC contested this Item, and the parties discussed the
allegations during settlement discussions. As a result of those discussions, PHMSA agrees to
withdraw this Item.
V. Compliance Terms:
21. Item 5 - 49 CFR § 192.743(a): The Notice proposed certain compliance order
actions to address the non-compliance alleged in the Notice. Respondent contested the
underlying allegations in the Notice and the associated compliance measures. The Parties
discussed this Item during settlement discussions and APC provided additional information,
partially satisfying the proposed compliance terms in the Notice. As such, Respondent agrees to
undertake the following remaining corrective measures regarding annual capacity reviews of the
PRVs protecting its system.
Within 180 days of the Effective Date, APC must submit documentation to the Director,
Western Region, demonstrating that APC conducted and documented an engineering review of
the PRV capacity calculations for PRV: W-PSV-0370 Lewis River.
VI. Enforcement:
22. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $272,926 per violation for each day the violation continues and
referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that
Respondent is not complying with the terms of this Agreement in accordance with the
determinations made by the Director, or in accordance with decisions of the Associate
Administrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil



penalty amounts are adjusted annually for inflation. See 49 CFR § 190.223. All corrective
measures and associated schedules set forth or referenced in Section V (Compliance Terms) are
automatically incorporated into this Agreement and are enforceable in the same manner.
VII. Review and Approval Process:
23. With respect to any submission under Section V (Compliance Terms) of this
Agreement that requires the approval of the Director, the Director may: (a) approve, in whole or
in part, the submission; (b) approve the submission on specified, reasonable conditions; (c)
disapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the
Director approves, approves in part, or approves with conditions, Respondent will take all
actions as approved by the Director, subject to Respondent’s right to invoke the dispute
resolution procedures with respect to any conditions the Director identifies. If the Director
disapproves all or any portion of the submission, the Director will provide Respondent a written
notice of the deficiencies. Respondent will correct all deficiencies within the time specified by
the Director and resubmit it for approval.
VIII. Dispute Resolution:
24. The Director and Respondent will informally attempt to resolve any disputes
arising under this Agreement, including any decision of the Director under the terms of Section
V Compliance Terms. If Respondent and the Director are unable to informally resolve the
dispute within 15 calendar days after the dispute is first raised, in writing, to the Director,
Respondent may submit a written request for a determination resolving the dispute from the
Associate Administrator. Such request must be made in writing and provided to the Director,
counsel for the Western Region, and to the Associate Administrator, no later than 10 calendar
days from the 15-day deadline for informal resolution referenced in this paragraph. Along with
its request, Respondent must provide the Associate Administrator with all information
Respondent believes is relevant to the dispute. Decisions of the Associate Administrator under
this paragraph will constitute final agency action. The existence of a dispute and PHMSA’s
consideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe
for completion of any work to be performed under this Agreement during the pendency of the
dispute resolution process, except as agreed by the Director or Associate Administrator in
writing.
IX. Effective Date:
25. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator incorporating the terms of this Agreement.
X. Recordkeeping and Information Disclosure:
26. Unless otherwise required in this Agreement, Respondent agrees to maintain
records demonstrating compliance with all requirements of this Agreement for a period of at
least five (5) years following completion of all work to be performed, unless a longer period of
time is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables
required to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim



of business confidentiality or other protections applicable to the release of information by
PHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to
this Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of
confidentiality in writing on each page and include a statement specifying the grounds for each
claim of confidentially. PHMSA determines release of any information submitted pursuant to
this Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. §
552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.
XI. Modification:
27. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.
XII. Termination:
28. This Agreement will remain in effect until the Compliance Terms in Section V is
satisfied, as determined by the Director. The Agreement shall not terminate until the Director
confirms, in writing, that the Agreement is terminated in accordance with this paragraph.
Nothing in this Agreement prevents Respondent from completing any of the obligations earlier
than the deadlines provided for in this Agreement.
XIII. Ratification:
29. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
30. The Parties hereby agree to all findings, conditions, and terms of this Agreement.
[Signature Lines on Following Page]



For Alaska Pipeline Company:
___________________________________
________________________
Date
For PHMSA:
________________________________________
Director, Western Region, Office of Pipeline Safety
________________________
Date
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