# PRODUCTS (SE) PIPE LINE CORPORATION — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.428(a), 195.432(b), 195.434, 195.573(e).
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- **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.

Official case documents:

220055011_Final Order_06292006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055011/220055011_Final%20Order_06292006.pdf

220055011_Final Order_06292006.pdf

o
u.s. Deportment
of Tronsportqtion
Pipeline ond
Hozordous tlolerlols sotely
Adminlstrotion
400 Seventh Street, S.W.
wasnington, D.c. 20590
JUN 2 9 2006
Mr. JerryMilhom
Vice President, Operations/Engineering
Plantation Pipe Line Company
A Subsidrary ofKrnder Morgan Ener$/ Pipehnes
500 Dallas Street. Suite 100
Houston, TX77002
RE: CPF No. 2-2005-5011
Dear Mr. Milhom:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding ofviolation and assesses a civil penalty of$2,000. I
acknowledge receipt of, and accept payment dated October 17,2005 in the amount of $2,000 as
payment in full ofthe civil penalty assessed against Plantation Pipe Line Company 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,
+.^ tt--
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
Ms. Linda Daugherty, Director, OPS Southern Region
CERTIX'IED MAIL. RETURN RECEIPT REOUESTED



DEPARTMENT OF' TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY AD]VIINISTRATION
OT'FICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of )
)
Plantation Pipe Line Company, t
A Subsidiary of Kinder Morgrn Energy Pipelines I
Respondent. I
_J
CPF No. 2-2005-5011
FINAL ORDER
Between April 4 and May 20,2005, pursuant to 49 U.S.C. $ 601 17, representatives of the Pipeline
and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
Southern Region conducted an on-site pipeline safety inspection of Respondent's facilities and
records in Alabama, Georgia, Louisiana, Mississippi, North Carolina" South Carolina andTennessee.
As a result of the inspection, the Director, Southem Region, OPS, issued to Respondent, by letter
dated September 26,2005, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In
accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent violated 49
C.F.R. $ 195.573 and proposed assessing a civil penalty of $2,000 for the alleged violation.
Respondent responded to the Notice by letter dated October 26, 2005 (Response). Respondent did
not contest the allegation of violation, but offered information to explain the allegations and
provided information concerning the corrective actions it has taken. Respondent did not request a
hearing, and therefore has waived the right to one.
FINDINGS OF'VIOLATION
Uncontested
Respondent did not contest the alleged violation of 9195.573(e) in the Notice. Accordingly, I
find t}tat Respondent violated 49 C.F.R. Part 195, as more fully described in the Notice:
49 C.F.R. $195.573(e)-failure to correct any identified deficiency in corrosion
control as required by $ I 95 .401 (b), as no records were provided to show
correction of low readings from the annual surveys at two (2) points on the
Bremen to Knoxville line GA.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U.S.C. $ 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violation for each day of the violation up to a maximum of $ 1,000,000 for any related series of
violations. The Notice proposed a $2,000 civil penalty for violation of 49 C.F.R. g 195.573(e).
49 U.S.C. $ 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil
penalty, I considerthe following criteria: nature, circumstances, and gravity ofthe violation, degree
of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the
penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
Item I ofthe Notice proposed a civil penalty of$2,000, as Respondent failed to provide records to
show it corrected low readings from the annual surveys at two (2) points on the Bremen to Knoxville
line GA. Respondent did not contest the allegation of violation. Accordingly, having reviewed the
record and considered the assessment criteria, I assess Respondent a civil penalty of$2,000, already
paid by the Respondent for violation.
WARNING ITEMS
The Notice did not propose a civil penalty or compliance action for Items 2, 3, and 4 in the
Notice; 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.
and conditions ofthis Final Order are effective on receipt.
b"
,llllJ ? q t.IYl
Date Issued
Administrator
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