DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590

CPF NO. 59001

FINAL ORDER

On September 14-15, 1998, pursuant to 49 D.S.C. § 60117, a representative of the Western Region, Office of Pipeline Safety (OPS), conducted an oo-site pipeline safety inspection of Respondent's facilities and records in Wilmington, California. As a result of the inspection, the Director, Western Region, OPS, issued to Respondent, by letter dated April 15, 1999, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.P.R.§ 190.207, the Notice proposed funding that Respondent had violated 49 C.F.R. §§ 192.605, 192.614,192.615,192.705,192.706 and 192.707 and proposed that Respondent take certain measures to correct the alleged violations.

Respondent responded to the Notice by letter dated May 11,1999 (Response). Respondent did not contest the allegations of violation but provided information concerning the corrective actions
it would be taking. Respondent provided further information dated June 18, 1999, July 14, 1999, August 11, 1999, and January 11, 2000.

FINDINGS OF VIOLATION

Respondent did not contest the violations alleged in the Notice. Accordingly, I find that Respondent violated the following sections of 49 C.F.R. Part 192, as more fully described in the Notice:

1. 49 C.P.R. § 192.605 -- failing to have written procedures in its operations and maintenance manual for controlling corrosion in accordance with 49 C.P.R. Part 192, Subpart I;

2. 49 C.P.R. § 192.614 -- failing to have a written program to prevent damage to its pipeline which may be caused by excavation activities;

3. 49 C.F.R. § 192.615 -- failing to have written emergency response procedures in its operations and maintenance procedures manual;

4. 49 C.F.R. § 192.705 -- failing to have a patrol program to observe surface conditions on and adjacent to the transmission line right-of-way;

5. 49 C.F.R. § 192.706 -- failing to conduct leakage surveys;

6. 49 C.F.R. § 192.707 -- failing to have line markers installed over its pipeline or at road crossings to adequately indicate the location of its buried pipeline.

These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent.

COMPLIANCE ORDER

The Notice proposed a compliance order. Respondent has demonstrated corrective action addressing the items in the proposed compliance order. The Director, Western Region, OPS has accepted these measures as adequately fulfilling the requirements of the regulations and no further enforcement action is anticipated with respect to the matters in this case.

Under 49 C.F.R. § 190.215, Respondent has a right to petition for reconsideration of this Final Order. The petition must be received within 20 days of Respondent's receipt of this Final Order and must contain a brief statement of the issue(s). The terms and conditions ofthis Final Order are effective upon receipt.

Stacey Gerard
Associate Administrator for Pipeline Safety

Date Issued

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