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Baker & O'Brien Releases Second Quarter 2018 Edition of Energy Expert: Issues in Focus

August 14, 2018

This quarter’s Energy Expert newsletter profiles several of Baker & O’Brien’s recent engagements that we hope you will find interesting and thought-provoking:

  • Alleging that the seller breached the sales agreement, the buyer of a refinery claimed that certain process equipment was not in regulatory compliance.  Mel Sinquefield reports that these claims pertained to design, maintenance, inspection, testing and safe operations of pressure vessels, hazardous area classification, tank overspill containment, and inspection of underground buried pipe.  Baker & O’Brien assessed equipment compliance and the reasonableness of compliance driven repairs with respect to recognized and generally accepted good engineering practice (RAGAGEP).
  • Bill Jackson describes the case of the collapse of a refinery coke pit retaining wall that resulted in significant property damage and business interruption.  Baker & O’Brien was engaged to review the pit design to determine if it was fit-for-service, and, if at the time the pit was operating within design parameters.  We provided depositions on process safety management procedures and practices for construction and operation.
  • A dispute between a refinery operator and an Engineering, Procurement and Construction (EPC) contractor arose when an overpressure relief system failed eight years into operation.  Dave Morgan explains our evaluation to determine whether the cause was pressure relief valve inlet piping design or if deficiencies in operating procedures and maintenance practices were to blame.  Baker & O’Brien reported on the cause and also provided court room testimony regarding the EPC contract indemnification clauses.

 

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