# ALYESKA PIPELINE SERVICE CO — Notice of Probable Violation

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

Official case documents:

52025023NOPV_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

52025023NOPV_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

52025023NOPV_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

52025023NOPV_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

52025023NOPV_PCP PCO_10022025_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PCP%20PCO_10022025_(25-329886).pdf

52025023NOPV_PCP PCO_10022025_(25-329886)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PCP%20PCO_10022025_(25-329886)_text.pdf

52025023NOPV_PHC Hearing Scheduled_01262026_(25-329886).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025023NOPV/52025023NOPV_PHC%20Hearing%20Scheduled_01262026_(25-329886).pdf

52025023NOPV_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

52025023NOPV_PHC Hearing Scheduled_01262026_(25-329886)_text.pdf

U.S. Department
of Transportation
Pipeline and
Hazardous Materials
Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
January 26, 2026
VIA EMAIL TO: JCurry@babstcalland.com, Kathleen.Maitland@dot.gov et al.
Mr. James Curry, Esq.
Counsel for Alyeska
Babst Calland
505 9th Street, NW, Ste. 602
Washington, DC 20004
Ms. Kathleen Maitland, Esq.
Counsel for the Agency
Pipeline and Hazardous Materials Safety Administration (PHMSA)
1200 New Jersey Ave., S.E.
Washington, DC 20590
Re: PHMSA CPF No.: 5-2025-023-NOPV, Alyeska, Notice of Hearing and Order
Regarding Prehearing Statement
Dear Ms. Maitland and Mr. Curry,
In accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of
Probable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by
PHMSA in the above referenced case. The hearing will take place on May 20, 2026,
beginning at 9:30 a.m. Eastern Time. The hearing will be held at DOT Headquarters:
1200 New Jersey Ave, S.E.
Washington, DC
20590
Additional instructions for accessing the DOT Headquarters building will be provided
later.
Each party is directed to submit to the presiding official and the other party by email a
pre-hearing statement, due no later than May 8, 2026, including the following
information:
1. A statement of facts



Page 2
2. A list of all agreed upon facts
3. Defenses and arguments
4. A witness list including a description and anticipated length of each witness’
anticipated testimony. The description must be sufficient to show how the
anticipated testimony may prove or disprove a fact significant to the case.
5. A copy of all exhibits with an index identifying the documents. All exhibits must
be marked for identification in the lower right corner of each page. Documents
already in the case file need not be included.
The parties must confer regarding item 2 above. Failure to submit items 4 and 5 above
may result in disallowance of that evidence at the hearing. The parties may supplement
their hearing exhibits or witness list with fair notice to the other party and the presiding
official.
A brief pre-hearing conference may be held 7-10 days prior to the hearing if the
presiding official deems it appropriate.
The presiding official strongly recommends that a court reporter transcribe the hearing.
If Respondent elects to transcribe the hearing, Respondent should notify the presiding
official (with copy to the other party) as soon as practicable.
The Agency is required to be represented by counsel for these proceedings.
Regards,
Presiding Official

52025023NOPV_Consent Agreement and Order_05222026_(25-329886)_text.pdf

U.S. Department
of Transportation
Pipeline and
Hazardous Materials
Safety Administration
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
May 22, 2026
VIA ELECTRONIC MAIL TO: john.kurz@alyeska-pipeline.com
Mr. John Kurz
President
PO Box 196660 MS 502
Anchorage, Alaska 99519
CPF No. 5-2025-023-NOPV
Dear Mr. Kurz:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Alyeska Pipeline
Service Company, which was executed on May 13, 2026. 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 CFR § 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: Dustin Hubbard, Director, Office of Pipeline Safety, PHMSA
James Curry, Esq., Babst Calland
jcurry@babstcalland.com
Steve Marlin, Esq., Alyeska Pipeline Service Company
steven.marlin@alyeska-pipeline.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Alyeska Pipeline Service Company, ) CPF No. 5-2025-023-NOPV
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated October 2, 2025, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed
Civil Penalty and Proposed Compliance Order (Notice) to Alyeska Pipeline Service Company
(Alyeska or Respondent).
In response to the Notice, Respondent requested a hearing on the underlying violations, the
proposed civil penalty, and the proposed compliance order (Response). Alyeska also asked for
the opportunity to meet informally with PHMSA to discuss the Items 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 PHMSA makes findings of violation, assesses a reduced civil
penalty of $208,500, and Alyeska agrees to complete certain compliance actions.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. Alyeska 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



CPF No. 5-2025-023-NOPV
Page 1
U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Alyeska Pipeline Service Company, ) CPF No. 5-2025-023-NOPV
)
)
)
Respondent. )
____________________________________)
CONSENT AGREEMENT
From December 5, 2024 through February 14, 2025, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant
to Chapter 601 of 49 United States Code (U.S.C.), investigated a Safety Related Condition
within the Milepost 238 Heater System discovered by Alyeska Pipeline Service Company
(Alyeska or Respondent) on November 26, 2024 in Coldfoot, Alaska.
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated October 2, 2025, a Notice of Probable Violation and Proposed
Compliance Order and Proposed Civil Penalty (Notice). In accordance with 49 CFR § 190.207,
the Notice proposed finding that Alyeska committed violations of five provisions of 49 CFR §
195 (Items 1 through 5), proposed ordering Respondent to take certain measures to correct the
alleged violations and a civil penalty of $243,800.
Alyeska responded to the Notice by letter dated December 16, 2025 (Response). The company
contested the underlying violation for Item 3, the proposed civil penalty, and the proposed
compliance order.
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, assesses a
reduced civil penalty of $208,500, and Alyeska 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:



CPF No. 5-2025-023-NOPV
Page 2
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. 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



CPF No. 5-2025-023-NOPV
Page 3
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 § 195.402(c)(7): The Notice alleged Alyeska failed to include in
its operations and maintenance manual a written procedure for starting up and shutting down any
part of the pipeline system in a manner designed to assure operation within the maximum
operating pressure (MOP) limits prescribed by § 195.406. Respondent does not contest the
allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 CFR §
195.402(c)(7).
12. Item 2 - 49 CFR § 195.404(a)(3): The Notice alleged Alyeska failed to maintain
records of the MOP of its Milepost 238 Heater System. Alyeska contested this allegation of
violation in its Response. After discussion between the Parties, Alyeska acknowledges a finding
of violation of 49 CFR § 195.404(a)(3).
13. Item 3 - 49 CFR § 195.404(b)(2): The Notice alleged Alyeska failed to provide
record of responding to, investigating, and correcting the cause of the operation of a safety
device, an abnormal operation per requirements of §§ 195.404(b)(2) and 195.402(d). Respondent
does not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a
violation of 49 CFR § 195.404(b)(2).
14. Item 4 - 49 CFR § 195.406(b): The Notice alleged Alyeska failed on two
occasions to prevent the pressure in the pipeline during a variation from normal operations from
exceeding 110% of MOP, as required by § 195.406(b) and failed to provide adequate pressure



CPF No. 5-2025-023-NOPV
Page 4
protective equipment at their Milepost 238 Heater System. Respondent does not contest the
allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 CFR §
195.406(b).
15. Item 5 - 49 CFR § 195.428(a): The Notice alleged failed to test and inspect an
overpressure safety device to determine that it is functioning properly, is in good mechanical
condition, and is adequate from the standpoint of capacity and reliability of operation for the
service in which it was used, as required by §§ 195.428(a) and 195.401(a). Respondent does not
contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of
49 CFR § 195.428(a).
16. Items 1 through 5, 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. Civil Penalty:
17. Item 1: The Notice proposed assessing a civil penalty in the amount of $50,200
for Item 1. Respondent requested a reduction of the proposed civil penalty and PHMSA agrees
to reduce the civil penalty. The reduction is based on reconsideration of nature after
consideration of additional information provided by Respondent. Respondent agrees to pay a
reduced civil penalty in the amount of $46,500 for the violation in Item 1.
18. Item 2: The Notice proposed assessing a civil penalty in the amount of $46,500
for Item 2. Respondent requested a reduction of the proposed civil penalty. After discussion
between the parties, Respondent agrees to pay a civil penalty in the amount of $46,500 for the
violation in Item 2.
19. Item 3: The Notice proposed assessing a civil penalty in the amount of $116,100
for Item 3. Respondent requested a reduction of the proposed civil penalty and PHMSA agrees
for settlement purposes to reduce the number of instances from twelve to seven. Respondent
agrees to pay a reduced civil penalty in the amount of $84,500 for the violation in Item 3.
20. Item 4: The Notice proposed assessing a civil penalty in the amount of $23,600
for Item 4. Respondent requested a reduction of the proposed civil penalty. After discussion
between the parties, Respondent agrees to pay a civil penalty in the amount of $23,600 for the
violation in Item 4.
21. Item 5: The Notice proposed assessing a civil penalty in the amount of $7,400 for
Item 5. Respondent agrees to pay a civil penalty in the amount of $7,400 for the violation in
Item 5.
22. Respondent shall pay an adjusted civil penalty in the amount of $208,500,
pursuant to the payment instructions at 49 CFR § 190.227(a), to be paid in full no later than 20
days from the Effective Date of this Agreement.



CPF No. 5-2025-023-NOPV
Page 5
IV. Compliance Order:
23. Item 1: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its
Response. As a result of the discussion between the Parties, PHMSA agrees to modify the
proposed corrective measures. As such, Respondent agrees to undertake the following corrective
measures:
Alyeska shall either:
(a) provide Milepost 238 Heater System operators with operating procedures that
manage system pressure within MOP required pressure limits. APSC shall provide the
procedures to PHMSA prior to the resumed operation of the heater system, or
(b) provide the Director, Western Region with documentation that the Milepost
238 Heater System has been properly abandoned.
24. Item 2: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its
Response. As a result of the discussion between the Parties, PHMSA agrees to modify the
proposed corrective measures. As such, Respondent agrees to undertake the following corrective
measures:
Alyeska shall either:
(a) provide PHMSA with clear record of MOP determination for the Milepost 238
Heater System prior to resumed operation of the heater system. The documents provided
shall include pressure testing records sufficient in detail to demonstrate compliance with
§§ 195.304 and 195.305 pressure testing requirements, or
(b) provide the Director, Western Region with documentation that the Milepost
238 Heater System has been properly abandoned.
25. Item 4: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its
Response. As a result of the discussion between the Parties, PHMSA agrees to modify the
proposed corrective measures. As such, Respondent agrees to undertake the following corrective
measures:
Alyeska shall either:
(a) provide PHMSA an inspection and repair plan sufficient to ensure the integrity
of the Milepost 238 Heater System, and record of implementation of the inspection and
repair plan prior to resuming operation of the heater system, and
(b) evaluate the Milepost 238 Heater System to identify improvements to the
system that will sufficiently alert operators and field technicians of potential and occurring
overpressure conditions prior to resuming the operation of the heater system. APSC shall
minimally consider the utilization of high pressure alarms within the heater system, or
(c) provide the Director, Western Region with documentation that the Milepost
238 Heater System has been properly abandoned.



CPF No. 5-2025-023-NOPV
Page 6
26. Item 5: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent contested the Proposed Compliance Order, in its
Response. As a result of the discussion between the Parties, PHMSA agrees to modify the
proposed corrective measures. As such, Respondent agrees to undertake the following corrective
measures:
Alyeska shall either:
(a) evaluate the overpressure protection of the Milepost 238 Heater System to
identify improvements to the system which create reliable overpressure protection prior to
resuming operation of the heater system. APSC shall minimally consider the following
items:
(i) installation of heat trace on PSV-185 or other method to prevent freeze
related PSV malfunction,
(ii) utilization of PSV testing medium that will not solidify in ambient
temperatures,
(iii) an engineered interlock within the heater system to prevent system
shut in during conditions when thermal driven overpressure may exist, and
(iv) utilization of identified improvements on similar APSC heater systems,
or
(b) provide the Director, Western Region with documentation that the Milepost
238 Heater System has been properly abandoned.
V. Enforcement:
27. 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 work plans and
associated schedules set forth or referenced in Section IV are automatically incorporated into this
Agreement and are enforceable in the same manner.
VI. Review and Approval Process:
28. With respect to any submission under Section IV (Compliance Order) 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



CPF No. 5-2025-023-NOPV
Page 7
notice of the deficiencies. Respondent will correct all deficiencies within the time specified by
the Director and resubmit it for approval.
VII. Dispute Resolution:
29. 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
IV Compliance Order. 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 for Pipeline Safety, PHMSA. Such request must be made in writing and
provided to the Director, counsel for the Western Region, and to the Associate Administrator for
Pipeline Safety, 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.
VIII. Effective Date:
30. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.
IX. Recordkeeping and Information Disclosure:
31. 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. 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.
X. Modification:
32. 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.



CPF No. 5-2025-023-NOPV
Page 8
XI. Termination:
33. This Agreement will remain in effect until the Civil Penalty in Section III and the
Compliance Order in Section IV 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.
XII. Ratification:
34. 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.
35. The Parties hereby agree to all findings, conditions, and terms of this Agreement.
[Signature Lines on Following Page]



CPF No. 5-2025-023-NOPV
Page 9
For Alyeska Pipeline Service Company:
___________________________________
________________________
President, Alyeska Pipeline Service Company
For PHMSA:
________________________________________
Director, Western Region, Office of Pipeline Safety
________________________
Date
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