{"operation":"document","citation":"CPF 220055011","title":"PRODUCTS (SE) PIPE LINE CORPORATION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.428(a), 195.432(b), 195.434, 195.573(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220055011","body":"Notice of Probable Violation involving PRODUCTS (SE) PIPE LINE CORPORATION. PHMSA's enforcement data identifies the cited regulations as 195,  195.428(a),  195.432(b),  195.434,  195.573(e). The case was opened on 2005-09-26 and is reported as closed as of 2006-06-29. Proposed civil penalty: $2,000. Assessed civil penalty: $2,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220055011_Final Order_06292006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055011/220055011_Final%20Order_06292006.pdf\n\n220055011_Final Order_06292006.pdf\n\no\nu.s. Deportment\nof Tronsportqtion\nPipeline ond\nHozordous tlolerlols sotely\nAdminlstrotion\n400 Seventh Street, S.W.\nwasnington, D.c. 20590\nJUN 2 9 2006\nMr. JerryMilhom\nVice President, Operations/Engineering\nPlantation Pipe Line Company\nA Subsidrary ofKrnder Morgan Ener$/ Pipehnes\n500 Dallas Street. Suite 100\nHouston, TX77002\nRE: CPF No. 2-2005-5011\nDear Mr. Milhom:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding ofviolation and assesses a civil penalty of$2,000. I\nacknowledge receipt of, and accept payment dated October 17,2005 in the amount of $2,000 as\npayment in full ofthe civil penalty assessed against Plantation Pipe Line Company in the Final\nOrder. This case is now closed. Your receipt of the Final Order constitutes service of that\ndocument under 49 C.F.R. $ 190.5.\nSincerely,\n+.^ tt--\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nMs. Linda Daugherty, Director, OPS Southern Region\nCERTIX'IED MAIL. RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF' TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY AD]VIINISTRATION\nOT'FICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\n)\nPlantation Pipe Line Company, t\nA Subsidiary of Kinder Morgrn Energy Pipelines I\nRespondent. I\n_J\nCPF No. 2-2005-5011\nFINAL ORDER\nBetween April 4 and May 20,2005, pursuant to 49 U.S.C. $ 601 17, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nSouthern Region conducted an on-site pipeline safety inspection of Respondent's facilities and\nrecords in Alabama, Georgia, Louisiana, Mississippi, North Carolina\" South Carolina andTennessee.\nAs a result of the inspection, the Director, Southem Region, OPS, issued to Respondent, by letter\ndated September 26,2005, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In\naccordance with 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent violated 49\nC.F.R. $ 195.573 and proposed assessing a civil penalty of $2,000 for the alleged violation.\nRespondent responded to the Notice by letter dated October 26, 2005 (Response). Respondent did\nnot contest the allegation of violation, but offered information to explain the allegations and\nprovided information concerning the corrective actions it has taken. Respondent did not request a\nhearing, and therefore has waived the right to one.\nFINDINGS OF'VIOLATION\nUncontested\nRespondent did not contest the alleged violation of 9195.573(e) in the Notice. Accordingly, I\nfind t}tat Respondent violated 49 C.F.R. Part 195, as more fully described in the Notice:\n49 C.F.R. $195.573(e)-failure to correct any identified deficiency in corrosion\ncontrol as required by $ I 95 .401 (b), as no records were provided to show\ncorrection of low readings from the annual surveys at two (2) points on the\nBremen to Knoxville line GA.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. $ 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $ 1,000,000 for any related series of\nviolations. The Notice proposed a $2,000 civil penalty for violation of 49 C.F.R. g 195.573(e).\n49 U.S.C. $ 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil\npenalty, I considerthe following criteria: nature, circumstances, and gravity ofthe violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nItem I ofthe Notice proposed a civil penalty of$2,000, as Respondent failed to provide records to\nshow it corrected low readings from the annual surveys at two (2) points on the Bremen to Knoxville\nline GA. Respondent did not contest the allegation of violation. Accordingly, having reviewed the\nrecord and considered the assessment criteria, I assess Respondent a civil penalty of$2,000, already\npaid by the Respondent for violation.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance action for Items 2, 3, and 4 in the\nNotice; therefore, these are considered warning items. Respondent is warned that if it does not\ntake appropriate action to correct these items, enforcement action will be taken if a subsequent\ninspection reveals a violation.\nand conditions ofthis Final Order are effective on receipt.\nb\"\n,llllJ ? q t.IYl\nDate Issued\nAdministrator","truncated":false,"body_characters":5331}