{"operation":"document","citation":"CPF 120190015M","title":"KINDER MORGAN TEJAS PIPELINE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-26","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190015m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190015m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120190015m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120190015M","body":"Notice of Amendment involving KINDER MORGAN TEJAS PIPELINE. PHMSA's enforcement data identifies the cited regulation as 192.12(e). The case was opened on 2019-11-26 and is reported as closed as of 2020-03-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120190015M_Closure Letter_03172020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190015M/120190015M_Closure%20Letter_03172020.pdf\n\n120190015M_Closure Letter_03172020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190015M/120190015M_Closure%20Letter_03172020_text.pdf\n\n120190015M_Notice of Amendment_11262019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190015M/120190015M_Notice%20of%20Amendment_11262019.pdf\n\n120190015M_Notice of Amendment_11262019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190015M/120190015M_Notice%20of%20Amendment_11262019_text.pdf\n\n120190015M_Operator Response to Notice_01242020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120190015M/120190015M_Operator%20Response%20to%20Notice_01242020.pdf\n\n120190015M_Closure Letter_03172020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nMarch 17, 2020\nMr. Kenneth Grubb\nChief Operating Officer\nKinder Morgan Tejas Pipeline\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002\nCPF 1-2019-0015M\nDear Mr. Grubb:\nFrom February 19 - 22, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nKinder Morgan’s (KM) Underground Gas Storage Facility (UNGS) Program in Houston, TX for\nthe Kinder Morgan Tejas Pipeline (KM). As a result of the inspection, KM was issued a Notice\nof Amendment on November 26, 2019, which proposed amendment of your procedures.\nKM submitted its amended procedures on or about January 27, 2020. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120190015M_Notice of Amendment_11262019_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nNovember 26, 2019\nMr. Kenneth Grubb\nChief Operating Officer\nKinder Morgan Tejas Pipeline\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002\nCPF 1-2019-0015M\nDear Mr. Grubb:\nFrom February 19 - 22, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nKinder Morgan’s (KM) Underground Gas Storage Facility (UNGS) Program in Houston, TX for\nthe Kinder Morgan Tejas Pipeline.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKM’s plans or procedures, as described below:\n1. § 192.12 Underground natural gas storage facilities.\n(a) ….\n(e) Operators of underground gas storage facilities must establish and follow\nwritten procedures for operations, maintenance, and emergencies implementing the\nrequirements of API RP 1170 and API RP 1171, as required under this section,\nincluding the effective dates as applicable, and incorporate such procedures into\ntheir written procedures for operations, maintenance, and emergencies established\npursuant to § 192.605.\n\n\n\nCPF 1-2019-0015M\nKM’s written procedures for implementing the requirements of API RP 1171 were inadequate.\nSpecifically, KM’s procedures did not address how it would assess threat and hazard interaction\nin their Risk Model, as required by API RP 1171, Section 8.3.2.\nSection 8.3.2 states in part:\nThe operator shall use available information such as performance data collected through\nthe field history, operations and maintenance (O&M) activities, geotechnical data such as\nwell logs, engineering data, and completion reports to determine susceptibility to threat\nand hazard-related events and to assess threat and hazard interaction.\nAt the time of the inspection, KM’s procedures failed to address the threat and hazard interaction\nrequirement of Section 8.3.2.\n2. § 192.12 Underground natural gas storage facilities.\n(a) ….\n(e) Operators of underground gas storage facilities must establish and follow\nwritten procedures for operations, maintenance, and emergencies implementing the\nrequirements of API RP 1170 and API RP 1171, as required under this section,\nincluding the effective dates as applicable, and incorporate such procedures into their\nwritten procedures for operations, maintenance, and emergencies established\npursuant to § 192.605.\nKM’s written procedures for implementing the requirements of API RP 1171 were inadequate.\nSpecifically, KM's O&M Procedures did not address a process for the identification, selection,\nand implementation of P&M Measures in accordance with API RP 1171, Section 8.6 Preventive\nand Mitigative Measures (Section 8.6).\nSection 8.6.1, General, states in part:\nP&M measures are actions conducted by the operator to reduce the risks to the storage\nfacilities by reducing the likelihood (preventive) or reducing the consequence (mitigative)\nof events related to the threats identified in 8.4. The P&M measures include routine\ncondition monitoring activities since the acquisition and analysis of data provides\ninformation upon which additional measures can be implemented.\nSection 8.6.2, Methodology, states in part:\nThe operator shall develop P&M measures to manage risks.\nAt the time of the inspection, KM’s procedures failed to address the requirements of Section 8.6\nregarding the development of P&M measures within their program.\n3. § 192.12 Underground natural gas storage facilities.\n(a) ….\n(e) Operators of underground gas storage facilities must establish and follow\nwritten procedures for operations, maintenance, and emergencies implementing the\nrequirements of API RP 1170 and API RP 1171, as required under this section,\n120190015M_Notice of Amendment_11262019_text Page 2 of 4\n\n\n\nCPF 1-2019-0015M\nincluding the effective dates as applicable, and incorporate such procedures into their\nwritten procedures for operations, maintenance, and emergencies established\npursuant to § 192.605.\nKM’s written procedures for implementing the requirements of API RP 1171 were inadequate.\nSpecifically, KM did not address how the effectiveness of their Risk Management plan would be\ndetermined, as required by API RP 1171, Section 8.7.1 Periodic Assessment and Review (Section\n8.7.1).\nSection 8.7.1 states, in part:\nThe operator shall assess the effectiveness of risk monitoring and risk management\nprograms and maintain a continual review and improvement cycle in risk management\nactivities to provide functional integrity of the storage operation. The interval of review\nand reassessment should be short enough to identify operational and monitoring trends and\nmeasure the effectiveness of P&M measures, but long enough that the data and information\nthat can be brought into the analysis are meaningful.\nAt the time of the inspection, KM’s procedures failed to address how the effectiveness of their\nRisk Management plan would be determined in accordance with Section 8.7.1.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Kinder Morgan Tejas Pipeline maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n120190015M_Notice of Amendment_11262019_text Page 3 of 4\n\n\n\nCPF 1-2019-0015M\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer\nto CPF 1-2019-0015M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on USB flash drive accompanied by the original paper copy to the Eastern\nRegion Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n120190015M_Notice of Amendment_11262019_text Page 4 of 4","truncated":false,"body_characters":10177}