{"operation":"document","citation":"CPF 52025023NOPV","title":"ALYESKA PIPELINE SERVICE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2025-10-02","effective_on":null,"summary":"OPEN notice of probable violation citing 195.402(c)(7), 195.404(a)(3), 195.404(b)(2), 195.406(b), 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025023nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025023nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025023nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52025023NOPV","body":"Notice of Probable Violation involving ALYESKA PIPELINE SERVICE CO. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(7),  195.404(a)(3),  195.404(b)(2),  195.406(b),  195.428(a). The case was opened on 2025-10-02 and is reported as open. Proposed civil penalty: $243,800. Assessed civil penalty: $208,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52025023NOPV_Consent Agreement and Order_05222026_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_Consent%20Agreement%20and%20Order_05222026_(25-329886).pdf\n\n52025023NOPV_Consent Agreement and Order_05222026_(25-329886)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_Consent%20Agreement%20and%20Order_05222026_(25-329886)_text.pdf\n\n52025023NOPV_Operator Response to Notice and Request for Informal Conference and Request for Hearing and Statement of Issues and Request Case File_12162025_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Informal%20Conference%20and%20Request%20for%20Hearing%20and%20Statement%20of%20Issues%20and%20Request%20Case%20File_12162025_(25-329886).pdf\n\n52025023NOPV_Operator Withdrawal of Hearing Request_05222026_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_05222026_(25-329886).pdf\n\n52025023NOPV_PCP PCO_10022025_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PCP%20PCO_10022025_(25-329886).pdf\n\n52025023NOPV_PCP PCO_10022025_(25-329886)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PCP%20PCO_10022025_(25-329886)_text.pdf\n\n52025023NOPV_PHC Hearing Scheduled_01262026_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PHC%20Hearing%20Scheduled_01262026_(25-329886).pdf\n\n52025023NOPV_PHC Hearing Scheduled_01262026_(25-329886)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PHC%20Hearing%20Scheduled_01262026_(25-329886)_text.pdf\n\n52025023NOPV_PHC Hearing Scheduled_01262026_(25-329886)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 26, 2026\nVIA EMAIL TO: JCurry@babstcalland.com, Kathleen.Maitland@dot.gov et al.\nMr. James Curry, Esq.\nCounsel for Alyeska\nBabst Calland\n505 9th Street, NW, Ste. 602\nWashington, DC 20004\nMs. Kathleen Maitland, Esq.\nCounsel for the Agency\nPipeline and Hazardous Materials Safety Administration (PHMSA)\n1200 New Jersey Ave., S.E.\nWashington, DC 20590\nRe: PHMSA CPF No.: 5-2025-023-NOPV, Alyeska, Notice of Hearing and Order\nRegarding Prehearing Statement\nDear Ms. Maitland and Mr. Curry,\nIn accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by\nPHMSA in the above referenced case. The hearing will take place on May 20, 2026,\nbeginning at 9:30 a.m. Eastern Time. The hearing will be held at DOT Headquarters:\n1200 New Jersey Ave, S.E.\nWashington, DC\n20590\nAdditional instructions for accessing the DOT Headquarters building will be provided\nlater.\nEach party is directed to submit to the presiding official and the other party by email a\npre-hearing statement, due no later than May 8, 2026, including the following\ninformation:\n1. A statement of facts\n\n\n\nPage 2\n2. A list of all agreed upon facts\n3. Defenses and arguments\n4. A witness list including a description and anticipated length of each witness’\nanticipated testimony. The description must be sufficient to show how the\nanticipated testimony may prove or disprove a fact significant to the case.\n5. A copy of all exhibits with an index identifying the documents. All exhibits must\nbe marked for identification in the lower right corner of each page. Documents\nalready in the case file need not be included.\nThe parties must confer regarding item 2 above. Failure to submit items 4 and 5 above\nmay result in disallowance of that evidence at the hearing. The parties may supplement\ntheir hearing exhibits or witness list with fair notice to the other party and the presiding\nofficial.\nA brief pre-hearing conference may be held 7-10 days prior to the hearing if the\npresiding official deems it appropriate.\nThe presiding official strongly recommends that a court reporter transcribe the hearing.\nIf Respondent elects to transcribe the hearing, Respondent should notify the presiding\nofficial (with copy to the other party) as soon as practicable.\nThe Agency is required to be represented by counsel for these proceedings.\nRegards,\nPresiding Official\n\n52025023NOPV_Consent Agreement and Order_05222026_(25-329886)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nMay 22, 2026\nVIA ELECTRONIC MAIL TO: john.kurz@alyeska-pipeline.com\nMr. John Kurz\nPresident\nPO Box 196660 MS 502\nAnchorage, Alaska 99519\nCPF No. 5-2025-023-NOPV\nDear Mr. Kurz:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Alyeska Pipeline\nService Company, which was executed on May 13, 2026. Service of the Consent Order and\nConsent Agreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 CFR § 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: Dustin Hubbard, Director, Office of Pipeline Safety, PHMSA\nJames Curry, Esq., Babst Calland\njcurry@babstcalland.com\nSteve Marlin, Esq., Alyeska Pipeline Service Company\nsteven.marlin@alyeska-pipeline.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 )\nAlyeska Pipeline Service Company, ) CPF No. 5-2025-023-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated October 2, 2025, 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 Alyeska Pipeline Service Company\n(Alyeska or Respondent).\nIn response to the Notice, Respondent requested a hearing on the underlying violations, the\nproposed civil penalty, and the proposed compliance order (Response). Alyeska also asked for\nthe opportunity to meet informally with PHMSA to discuss the Items in the Notice. Respondent\nand PHMSA (The Parties) subsequently met to discuss the issues raised in the Response. As a\nresult of those discussions, as explained in more detail below, the Parties have agreed to a\nConsent Agreement by which PHMSA makes findings of violation, assesses a reduced civil\npenalty of $208,500, and Alyeska agrees to complete certain compliance actions.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Alyeska 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\nCPF No. 5-2025-023-NOPV\nPage 1\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nAlyeska Pipeline Service Company, ) CPF No. 5-2025-023-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom December 5, 2024 through February 14, 2025, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant\nto Chapter 601 of 49 United States Code (U.S.C.), investigated a Safety Related Condition\nwithin the Milepost 238 Heater System discovered by Alyeska Pipeline Service Company\n(Alyeska or Respondent) on November 26, 2024 in Coldfoot, Alaska.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated October 2, 2025, a Notice of Probable Violation and Proposed\nCompliance Order and Proposed Civil Penalty (Notice). In accordance with 49 CFR § 190.207,\nthe Notice proposed finding that Alyeska committed violations of five provisions of 49 CFR §\n195 (Items 1 through 5), proposed ordering Respondent to take certain measures to correct the\nalleged violations and a civil penalty of $243,800.\nAlyeska responded to the Notice by letter dated December 16, 2025 (Response). The company\ncontested the underlying violation for Item 3, the proposed civil penalty, and the proposed\ncompliance order.\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, assesses a\nreduced civil penalty of $208,500, and Alyeska agrees to complete 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:\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 2\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. Respondent agrees to withdraw its request for an administrative\nhearing 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\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 3\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 § 195.402(c)(7): The Notice alleged Alyeska failed to include in\nits operations and maintenance manual a written procedure for starting up and shutting down any\npart of the pipeline system in a manner designed to assure operation within the maximum\noperating pressure (MOP) limits prescribed by § 195.406. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 CFR §\n195.402(c)(7).\n12. Item 2 - 49 CFR § 195.404(a)(3): The Notice alleged Alyeska failed to maintain\nrecords of the MOP of its Milepost 238 Heater System. Alyeska contested this allegation of\nviolation in its Response. After discussion between the Parties, Alyeska acknowledges a finding\nof violation of 49 CFR § 195.404(a)(3).\n13. Item 3 - 49 CFR § 195.404(b)(2): The Notice alleged Alyeska failed to provide\nrecord of responding to, investigating, and correcting the cause of the operation of a safety\ndevice, an abnormal operation per requirements of §§ 195.404(b)(2) and 195.402(d). Respondent\ndoes not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a\nviolation of 49 CFR § 195.404(b)(2).\n14. Item 4 - 49 CFR § 195.406(b): The Notice alleged Alyeska failed on two\noccasions to prevent the pressure in the pipeline during a variation from normal operations from\nexceeding 110% of MOP, as required by § 195.406(b) and failed to provide adequate pressure\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 4\nprotective equipment at their Milepost 238 Heater System. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 CFR §\n195.406(b).\n15. Item 5 - 49 CFR § 195.428(a): The Notice alleged failed to test and inspect an\noverpressure safety device to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of operation for the\nservice in which it was used, as required by §§ 195.428(a) and 195.401(a). Respondent does not\ncontest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of\n49 CFR § 195.428(a).\n16. Items 1 through 5, 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. Civil Penalty:\n17. Item 1: The Notice proposed assessing a civil penalty in the amount of $50,200\nfor Item 1. Respondent requested a reduction of the proposed civil penalty and PHMSA agrees\nto reduce the civil penalty. The reduction is based on reconsideration of nature after\nconsideration of additional information provided by Respondent. Respondent agrees to pay a\nreduced civil penalty in the amount of $46,500 for the violation in Item 1.\n18. Item 2: The Notice proposed assessing a civil penalty in the amount of $46,500\nfor Item 2. Respondent requested a reduction of the proposed civil penalty. After discussion\nbetween the parties, Respondent agrees to pay a civil penalty in the amount of $46,500 for the\nviolation in Item 2.\n19. Item 3: The Notice proposed assessing a civil penalty in the amount of $116,100\nfor Item 3. Respondent requested a reduction of the proposed civil penalty and PHMSA agrees\nfor settlement purposes to reduce the number of instances from twelve to seven. Respondent\nagrees to pay a reduced civil penalty in the amount of $84,500 for the violation in Item 3.\n20. Item 4: The Notice proposed assessing a civil penalty in the amount of $23,600\nfor Item 4. Respondent requested a reduction of the proposed civil penalty. After discussion\nbetween the parties, Respondent agrees to pay a civil penalty in the amount of $23,600 for the\nviolation in Item 4.\n21. Item 5: The Notice proposed assessing a civil penalty in the amount of $7,400 for\nItem 5. Respondent agrees to pay a civil penalty in the amount of $7,400 for the violation in\nItem 5.\n22. Respondent shall pay an adjusted civil penalty in the amount of $208,500,\npursuant to the payment instructions at 49 CFR § 190.227(a), to be paid in full no later than 20\ndays from the Effective Date of this Agreement.\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 5\nIV. Compliance Order:\n23. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its\nResponse. As a result of the discussion between the Parties, PHMSA agrees to modify the\nproposed corrective measures. As such, Respondent agrees to undertake the following corrective\nmeasures:\nAlyeska shall either:\n(a) provide Milepost 238 Heater System operators with operating procedures that\nmanage system pressure within MOP required pressure limits. APSC shall provide the\nprocedures to PHMSA prior to the resumed operation of the heater system, or\n(b) provide the Director, Western Region with documentation that the Milepost\n238 Heater System has been properly abandoned.\n24. Item 2: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its\nResponse. As a result of the discussion between the Parties, PHMSA agrees to modify the\nproposed corrective measures. As such, Respondent agrees to undertake the following corrective\nmeasures:\nAlyeska shall either:\n(a) provide PHMSA with clear record of MOP determination for the Milepost 238\nHeater System prior to resumed operation of the heater system. The documents provided\nshall include pressure testing records sufficient in detail to demonstrate compliance with\n§§ 195.304 and 195.305 pressure testing requirements, or\n(b) provide the Director, Western Region with documentation that the Milepost\n238 Heater System has been properly abandoned.\n25. Item 4: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its\nResponse. As a result of the discussion between the Parties, PHMSA agrees to modify the\nproposed corrective measures. As such, Respondent agrees to undertake the following corrective\nmeasures:\nAlyeska shall either:\n(a) provide PHMSA an inspection and repair plan sufficient to ensure the integrity\nof the Milepost 238 Heater System, and record of implementation of the inspection and\nrepair plan prior to resuming operation of the heater system, and\n(b) evaluate the Milepost 238 Heater System to identify improvements to the\nsystem that will sufficiently alert operators and field technicians of potential and occurring\noverpressure conditions prior to resuming the operation of the heater system. APSC shall\nminimally consider the utilization of high pressure alarms within the heater system, or\n(c) provide the Director, Western Region with documentation that the Milepost\n238 Heater System has been properly abandoned.\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 6\n26. Item 5: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its\nResponse. As a result of the discussion between the Parties, PHMSA agrees to modify the\nproposed corrective measures. As such, Respondent agrees to undertake the following corrective\nmeasures:\nAlyeska shall either:\n(a) evaluate the overpressure protection of the Milepost 238 Heater System to\nidentify improvements to the system which create reliable overpressure protection prior to\nresuming operation of the heater system. APSC shall minimally consider the following\nitems:\n(i) installation of heat trace on PSV-185 or other method to prevent freeze\nrelated PSV malfunction,\n(ii) utilization of PSV testing medium that will not solidify in ambient\ntemperatures,\n(iii) an engineered interlock within the heater system to prevent system\nshut in during conditions when thermal driven overpressure may exist, and\n(iv) utilization of identified improvements on similar APSC heater systems,\nor\n(b) provide the Director, Western Region with documentation that the Milepost\n238 Heater System has been properly abandoned.\nV. Enforcement:\n27. 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\npenalty amounts are adjusted annually for inflation. See 49 CFR § 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.\nVI. Review and Approval Process:\n28. With respect to any submission under Section IV (Compliance Order) 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\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 7\nnotice of the deficiencies. Respondent will correct all deficiencies within the time specified by\nthe Director and resubmit it for approval.\nVII. Dispute Resolution:\n29. 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 Compliance Order. 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 for Pipeline Safety, PHMSA. Such request must be made in writing and\nprovided to the Director, counsel for the Western Region, and to the Associate Administrator for\nPipeline Safety, no later than 10 calendar days from the 15-day deadline for informal resolution\nreferenced in this paragraph. Along with its request, Respondent must provide the Associate\nAdministrator with all information Respondent believes is relevant to the dispute. Decisions of\nthe Associate Administrator under this paragraph will constitute final agency action. The\nexistence of a dispute and PHMSA’s consideration of matters placed in dispute will not excuse,\ntoll, or suspend any term or timeframe for completion of any work to be performed under this\nAgreement during the pendency of the dispute resolution process.\nVIII. Effective Date:\n30. 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.\nIX. Recordkeeping and Information Disclosure:\n31. 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 CFR Part 7. Respondent must mark\nthe 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 CFR Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nX. Modification:\n32. 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.\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 8\nXI. Termination:\n33. This Agreement will remain in effect until the Civil Penalty in Section III and the\nCompliance Order in Section IV is satisfied, as determined by the Director. The Agreement shall\nnot terminate until the Director confirms, in writing, that the Agreement is terminated in\naccordance with this paragraph. Nothing in this Agreement prevents Respondent from\ncompleting any of the obligations earlier than the deadlines provided for in this Agreement.\nXII. Ratification:\n34. 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.\n35. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nCPF No. 5-2025-023-NOPV\nPage 9\nFor Alyeska Pipeline Service Company:\n___________________________________\n________________________\nPresident, Alyeska Pipeline Service Company\nFor PHMSA:\n________________________________________\nDirector, Western Region, Office of Pipeline Safety\n________________________\nDate","truncated":false,"body_characters":29160}