{"operation":"document","citation":"CPF 120201007W","title":"NATURAL GAS PIPELINE CO OF AMERICA (KMI) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-01-13","effective_on":null,"summary":"CLOSED warning letter citing 192.12(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201007W","body":"Warning Letter involving NATURAL GAS PIPELINE CO OF AMERICA (KMI). PHMSA's enforcement data identifies the cited regulation as 192.12(e). The case was opened on 2020-01-13 and is reported as closed as of 2020-01-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120201007W_Operator Response to Notice_06242020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201007W/120201007W_Operator%20Response%20to%20Notice_06242020.pdf\n\n120201007W_Warning Letter_01132020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201007W/120201007W_Warning%20Letter_01132020.pdf\n\n120201007W_Warning Letter_01132020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201007W/120201007W_Warning%20Letter_01132020_text.pdf\n\n120201007W_Warning Letter_01132020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 13, 2020\nMr. Kenneth Grubb\nChief Operating Officer\nNatural Gas Pipeline Co of America (KMI)\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002\nCPF 1-2020-1007W\nDear Mr. Grubb:\nFrom August 6-8, 2019 and September 10 - 12, 2019, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Natural Gas Pipeline Co of America’s (NGPL) Cairo Storage Fields (3) and\nColumbus City Storage Fields (3) in Columbus City, IA.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. § 192.12 Underground natural gas storage facilities.\n(a) ….\n(e) Operators of underground gas storage facilities must establish and\nfollow written procedures for operations, maintenance, and emergencies\nimplementing the requirements of API RP 1170 and API RP 1171, as\nrequired under this section, including the effective dates as applicable, and\nincorporate such procedures into their written procedures for operations,\nmaintenance, and emergencies established pursuant to § 192.605.\nNGPL failed to follow its written procedures for implementing the requirements of API RP 1171.\nSpecifically, NGPL failed to follow its written procedure O&M 1900, developed to comply with API\nRP 1171, Section 11.4.2, Plan Effectiveness (Section 11.4.2).\n\n\n\nCPF 1-2020-1007W\nSection 11.4.2 requires that operators test their emergency response plans for effectiveness. It states:\nThe operator shall establish a program to determine operator familiarity with emergency plans\nand procedures and periodic testing of the effectiveness of the plan in accordance with 10.6.\nNGPL’s O&M 1900 included procedures pursuant to this requirement. The procedure stated that:\n“Area/Facility Managers will schedule annual area/facility training reviews and/or drills to\ndetermine effectiveness of the site-specific ERP.\"\nHowever, at the time of the inspection, NGPL stated that they had created a form for the effectiveness\nreview, but had no documentation for the 2018 review. Therefore, NGPL failed to follow its written\nprocedures that were developed to comply with API RP 1171, Section 11.4.2.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November 27,\n2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty\nnot to exceed $2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for\na related series of violations. We have reviewed the circumstances and supporting documents involved\nin this case, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item(s) identified in this letter. Failure to do so\nwill result in Natural Gas Pipeline Co of America being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second 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).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this matter\nto Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West\nTrenton, NJ 08628. Please refer to CPF 1-2020-1007W on each document you submit, and whenever\npossible provide a signed PDF copy in electronic format. Smaller files may be emailed to\nrobert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120201007W_Warning Letter_01132020_text Page 2 of 2","truncated":false,"body_characters":5404}