Mark Hruley
President
Shell Pipeline Co., L.P.
Re: CPF No. 4-2003-5005
Dear Mr. Hruley:
Enclosed is the Final Order issued by the Associate Administrator for
Pipeline Safety in the above-referenced case.
It makes findings of violation and assesses a civil penalty. I acknowledge receipt of and accept your
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc: Rod Seeley, Region Director
Southwest Region, OPS
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
______________________________
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In the Matter of )
)
Shell Pipeline Co., L.P., ) CPF No. 4-2003-5005
)
Respondent )
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FINAL ORDER
On March 10, 2003, in accordance with 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent violated
49 C.F.R. §§ 195.401(b) and 195.573(a)* and proposed assessing a civil penalty of $11,500 for the alleged violations. Respondent responded to the Notice by submitting a wire transfer in the amount of the proposed civil penalty ($11,500), waiving further right to respond and authorizing the entry of this Final Order.
* The corrosion control monitoring requirement cited in the Notice at § 195.416(a) is now found at § 195.573(a).
Pursuant to 49 C.F.R. § 190.213 and 49 U.S.C. § 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice:
49 C.F.R. § 195.401(b) – failing to correct within a reasonable time cathodic protection readings less negative than the -0.850V criteria set by Respondent; and
49 C.F.R. § 195.573(a) – failing to conduct tests during the 1998 calendar year at several test locations to determine the adequacy of cathodic protection.
These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. I assess Respondent a civil penalty of $11,500, already paid by Respondent. The terms and conditions of this Final Order are effective on receipt.
___________________________________ ____________________
Stacey Gerard Date Issued
Associate Administrator
for Pipeline Safety