Lynn Laverty Elsenhans

President

Shell Oil Products U.S.

1100 Louisiana

Houston, TX  77002                                                   

 

Re:  CPF No. 5-2004-0001

 

Dear Ms. Elsenhans:

 

            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 for those violations.  I acknowledge your wire transfer dated March 30, 2004, for $7,500 as payment in full of the civil penalty assessed in the Final Order.

 

            This case is now closed.  Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5.

 

                                                                        Sincerely,

 

 

 

 

                                                                        James Reynolds

                                                                        Pipeline Compliance Registry

                                                                        Office of Pipeline Safety

 

Enclosure

 

cc:        Mike Johnson, Manager of Health and Safety

            Chris Hoidal, Region Director, Western Region, OPS

 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

DEPARTMENT OF TRANSPORTATION

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OFFICE OF PIPELINE SAFETY

WASHINGTON, DC  20590

 

______________________________

                                                            )

In the Matter of                                    )

                                                            )

Shell Oil Products U.S.,                        )                                   CPF No. 5-2004-0001

                                                            )

Respondent                                          )

______________________________)

 

 

                                                               FINAL ORDER

 

On October 15 and 16, 2003, in accordance with 49 C.F.R. § 190.207, the Director, Western 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 had committed violations of 49 C.F.R. Part 192 and proposed assessing a civil penalty of $7,500 for the alleged violations.  Respondent did not contest the allegations or the amount of the proposed civil penalty and submitted a wire transfer in the amount of the proposed civil penalty ($7,500), waiving further right to respond and authorizing the entry of this Final Order.

 

Pursuant to § 190.209(a)(1) and 49 U.S.C. § 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 192 as more fully described in the Notice:

 

49 C.F.R. § 192.465(a) – failing to test its cathodic protection system in calendar year 2002; and

 

49 C.F.R. § 192.465(b) – failing to test its rectifiers within specified intervals during calendar years 2001, 2002, and 2003.

 

These findings of violation will be considered prior offenses in any subsequent enforcement action against Respondent.  Having reviewed the record and considered the assessment criteria, I assess the civil penalty of $7,500 already paid by Respondent.

 

The Notice did not propose a civil penalty or corrective action for Items 2 and 3—failing to inspect and test relief valve R-4267 for calendar years 2000 and 2002 and failing to inspect main line valve No. 23 for calendar years 2001 and 2002.  Therefore, these are considered warning items.  Respondent is warned that if it does not take appropriate action to correct these items, enforcement action will be taken if a subsequent inspection reveals a violation.

 

 

 

 

The terms and conditions of this Final Order are effective on receipt.

 

 

 

 

_________________________________                                          ______________________

Stacey Gerard                                                                                                  Date Issued

Associate Administrator

    for Pipeline Safety