# GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220111006
- **title:** GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2011-05-17
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 191.15(b), 192.167(a)(4), 192.463(a), 192.475(b), 192.491(c), 192.603(b), 192.612(c)(3), 192.709(a), 192.709(c), 192.805(b), 192.805(i).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-220111006.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-220111006.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220111006
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220111006
**body:**

Notice of Probable Violation involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 191.15(b),  192.167(a)(4),  192.463(a),  192.475(b),  192.491(c),  192.603(b),  192.612(c)(3),  192.709(a),  192.709(c),  192.805(b),  192.805(i). The case was opened on 2011-05-17 and is reported as closed as of 2011-11-01. Proposed civil penalty: $77,300. Assessed civil penalty: $77,300. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220111006_Final Order_11012011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111006/220111006_Final%20Order_11012011.pdf

220111006_Final Order_11012011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111006/220111006_Final%20Order_11012011_text.pdf

220111006_NOPV PCP_05172011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111006/220111006_NOPV%20PCP_05172011.pdf

220111006_NOPV PCP_05172011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111006/220111006_NOPV%20PCP_05172011_text.pdf

220111006_Operator Response to Notice_06242011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220111006/220111006_Operator%20Response%20to%20Notice_06242011.pdf

220111006_Final Order_11012011_text.pdf

NOV 1 2011
Mr. Michael E. McMahon
Senior Vice President and General Counsel
Gulf South Pipeline Company, LP
9 East Greenway Plaza
Suite 2800
Houston, TX 77046
Re: CPF No. 2-2011-1006
Dear Mr. McMahon:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $77,300. This is to acknowledge receipt of your
payment of the full penalty amount, by wire transfer, dated June 24, 2011. This enforcement
action is now closed. Service of the Final Order by certified mail is deemed effective upon the
date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Wayne Lemoi, Director, Southern Region, PHMSA
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [71791000164202820769]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Gulf South Pipeline Company, LP, ) CPF No. 2-2011-1006
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
From June 22 - October 9, 2009, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline
and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted on-site pipeline safety inspections of the facilities and records of Gulf South Pipeline
Company, LP (Gulf South or Respondent). Gulf South, a wholly–owned subsidiary of
Boardwalk Pipeline Partners, LP, is an interstate natural gas pipeline system that operates
approximately 7,700 miles of pipeline in Texas, Louisiana, Mississippi, Alabama, and Florida.1
As a result of the inspection, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated May 17, 2011, a Notice of Probable Violation and Proposed Civil
Penalty (Notice), which also included several warning items pursuant to 49 C.F.R. § 190.205. In
accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Gulf South committed
violations of 49 C.F.R. Parts 191 and 192 and proposed assessing a civil penalty of $77,300 for
the alleged violations. The warning items required no further action, but warned the operator to
correct the probable violations.
Gulf South responded to the Notice by letter dated June 24, 2011 (Response). The company did
not contest the allegations of violation and paid the proposed civil penalty of $77,300, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent.
FINDINGS OF VIOLATION
In its Response, Gulf South did not contest the allegations in the Notice that it violated 49 C.F.R.
Parts 191 and 192, as follows:
1 See http://www.gulfsouthpl.com/AboutUsGS.aspx, (last accessed October 13, 2011).



2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 191.15(b), which states:
§ 191.15 Transmission and gathering systems: Incident report.
(a) . . .
(b) Where additional related information is obtained after a report is
submitted under paragraph (a) of this section, the operator shall make a
supplemental report as soon as practicable with a clear reference by date
and subject to the original report.
The Notice alleged that Respondent violated 49 C.F.R. § 191.15(b) by failing to make a
supplemental report as soon as practicable after obtaining additional information related to an
incident report filed under § 191.15. Specifically, the Notice alleged that Gulf South obtained
additional information involving three separate reportable incidents and failed to submit
supplemental reports, as soon as practicable.
While Gulf South completed a root cause analysis of a compressor failure on
September 15, 2005, it did not submit a supplemental report until June 24, 2009, approximately
three years and nine months later.2 Gulf South completed a preliminary investigation of a
different compressor failure on February 8, 2006, but failed to file a supplemental report with
PHMSA until June 24, 2009, three years and four months later.
3 Lastly, Respondent conducted a
metallurgical analysis of a wrinkle bend failure on March 6, 2007, but sent the supplemental
report on June 24, 2009, two years and three months later.4
of the evidence, I find that Respondent violated 49 C.F.R. § 191.15(b) by failing to make a
Respondent did not contest this allegation of violation.5 Accordingly, based upon a review of all
supplemental report regarding three reportable incidents as soon as practicable, after it obtained
additional related information.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a), which states, in
relevant part:
§ 192.167 Compressor stations: Emergency shutdown.
(a) Except for unattended field compressor stations of 1,000
horsepower (746 kilowatts) or less, each compressor station must have
an emergency shutdown system that meets the following:
(1) . . .
(4) It must be operable from at least two locations, each of which is:
(i) Outside the gas area of the station;
(ii) Near the exit gates, if the station is fenced, or near emergency
2 The Incident Report (IR) number is 20050074 (dated July 15, 2005).
3 IR 20060034 (March 3, 2006).
4 IR 20070026 (March 5, 2007).
5 Gulf South personnel indicated that the supplemental report for IR 20050074, was withheld in anticipation of
litigation. However, operators are not excused from their reporting requirements, irrespective of the circumstances.
No explanation was given as to why the other cited supplemental reports were not conveyed to PHMSA, as soon as
practicable.



3
exits, if not fenced; and
(iii) Not more than 500 feet (153 meters) from the limits of the
station.
The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a) by failing to have an
emergency shutdown device near the exit gates of a fenced compressor station. Specifically, the
Notice alleged that while Gulf South maintained an Emergency Shutdown system (ESD) at its
Tallulah Compressor Station (Tallullah), the system was not operable from “at least two
locations, each of which is . . . near the exit gates, if the station is fenced.
” Tallulah is a fenced
station and has two exit gates on its perimeter, neither of which is equipped with an ESD system
initiation device.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.167(a) by failing to have
emergency shutdown devices near each of the exit gates of its Tallulah Compressor Station.
Item 5: The Notice alleged that Respondent violated 49 C.F.R. § 192.491(c), which states:
§ 192.491 Corrosion control records.
(a) . . .
(c) Each operator shall maintain a record of each test, survey, or
inspection required by this subpart in sufficient detail to demonstrate
the adequacy of corrosion control measures or that a corrosive
condition does not exist. These records must be retained for at least 5
years, except that records related to §§ 192.465 (a) and (e) and
192.475(b) must be retained for as long as the pipeline remains in
service.
The Notice alleged that Respondent violated 49 C.F.R. § 192.491(c) by failing to maintain a
record of each test, survey or inspection required, in sufficient detail to demonstrate the adequacy
of corrosion control measures or that a corrosive condition does not exist. Specifically, the
Notice alleged that, in three instances, Gulf South failed to maintain records in sufficient detail,
as required under § 192.491(c).
In the first instance, Gulf South failed to maintain records for buried pipeline inspections in
sufficient detail to demonstrate the adequacy of its corrosion control measures. PHMSA
inspectors noted that two inspection work order forms did not include details on the depth, type,
appearance, and extent of the pipe corrosion.
6
Secondly, Gulf South failed to maintain records on “each interference bond whose failure would
jeopardize structure protection . . . for proper performance,” as required by § 192.465(c).
PHMSA inspectors determined that Gulf South’s bond records did not indicate, based on the
electrical current and current direction recorded, whether further investigation was warranted.
6 Bellhole Inspection Work Order No. 23702695 (06/17/09) and Buried Pipeline Inspection Form Work Order Nos.
23479813 (05/18/06) and 23479812 *05/24/06).



4
Lastly, Gulf South failed to provide sufficiently detailed records to demonstrate that it took
prompt remedial action to correct deficiencies identified in two separate instances, as required
under § 192.465(d).
While a rectifier was documented as out of service for 16 months, between November 6, 2007,
and March 6, 2009, and three follow-up orders were issued, no documentation was produced to
justify this delay. A Gulf South technician indicated that the power company refused to restore
service until a new pipeline was laid. However, this explanation was not reflected in Gulf
South’s records. Gulf South also failed to provide accurate and complete records involving a
pipe-to-soil cathodic protection reading taken on May 18, 2006. The remediation records
provided to PHMSA were deemed unreliable, as different “remediated” pipe-to-soil readings
were indicated for the same readings and some work descriptions appeared to have been
documented on the wrong work orders.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.491(c) by failing to maintain a
record of each test, survey, or inspection required by this subpart in sufficient detail to
demonstrate the adequacy of corrosion control measures or that a corrosive condition does not
exist.
Item 10: The Notice alleged that Respondent violated 49 C.F.R. § 192.805(b), which states:
§ 192.805 Qualification program.
Each operator shall have and follow a written qualification program.
The program shall include provisions to:
(a) . . .
(b) Ensure through evaluation that individuals performing covered
tasks are qualified; . . . .
The Notice alleged that Respondent violated 49 C.F.R. § 192.805(b) by failing to ensure through
evaluation that it both has and follows a written qualification program that ensures individuals
performing covered tasks were qualified. Specifically, the Notice alleged that Gulf South
personnel performed covered tasks without being re-qualified, per Gulf South’s Operator
Qualification (OQ) program. While Gulf South requires that individuals performing covered
tasked be requalified in three-year intervals, two individuals performed three covered tasks, in
violation of this requirement.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.805(b) by failing to follow its
written qualification program to ensure through evaluation that individuals performing covered
tasks were qualified.
WARNING ITEMS
With respect to Items 3, 4, 6, 7, 8, 9 and 11, the Notice alleged probable violations of Part 192
and specifically considered them to be warning items. The warnings were for the following
Items.



5
49 C.F.R. § 192.463(a) (Item 3) ─ Respondent’s alleged failure to provide either
a level of cathodic protection that complied with at least one of the applicable
criteria outlined in appendix D or a level of cathodic protection equivalent to
compliance with one or more of the criteria. Gulf South found numerous pipe-to-
soil readings between -0.850v to -0.900v acceptable, using a designated criterion
of -0.850v. However, Respondent provided no explanation of how it considered
this drop.
49 C.F.R. § 192.475(b) (Item 4) ─ Respondent’s alleged failure to examine any
pipe removed from a pipeline for any reason, for evidence of corrosion. The
Notice alleged that Gulf South failed to inspect the internal surface of a coupon
removed from the 8-inch Tristate Tap for the presence of internal corrosion.
49 C.F.R. § 192.603(b) (Item 6) ─ Respondent’s alleged failure to keep various
records necessary to administer the procedures established under § 192.605(b).
The Notice alleged that Gulf South had either no documentation, inadequate,
records or incorrect information with respect to pipe coatings and pipeline
pressure.
49 C.F.R. § 192.612(c) (Item 7) ─ Respondent’s alleged failure to notify OPS
when it did not bury an exposed underwater pipeline within six months after
discovery due to not obtaining the required permits to complete the work in time.
The Notice alleged Gulf South did not notify PHMSA of a reburial delay for the
8-inch Quarantine Bay pipeline, whose reburial was delayed due to the time
required to obtain permits from the Louisiana Department of Wildlife and
Fisheries.
49 C.F.R. § 192.709(a) (Item 8) ─ Respondent’s alleged failure to maintain
records of each repair made to a transmission line, for as long as the pipe
remained in service. The Notice alleged that Gulf South failed to correctly
document the date, location, and repair of an external corrosion pit leak on
January 9, 2007, in Respondent’s automated work order (Maximo) system.
49 C.F.R. § 192.709(c) (Item 9) ─ Respondent’s alleged failure to maintain a
record of each patrol, survey, inspection and test required by subparts L and M of
49 C.F.R § 192 for at least five years or until the next patrol, survey, inspection,
or test was completed, whichever was longer. The Notice alleged that Gulf South
failed to correctly document inspection and testing of relief devices, gas detection
systems and alarms, and pressure limiting stations at its Longview, Carthage
Junction, Montpelier, and Destin compressor stations.
49 C.F.R. § 192.805 (Item 11) ─ Respondent’s alleged failure to notify the
Administrator or state agency after significantly monitoring its written
qualification program. The Notice alleged that Gulf South failed to notify
PHMSA that it merged the Texas Gulf and Gulf South OQ plans, effective
March 3, 2008. Gulf South’s OQ program was last inspected in 2004.



6
Gulf South presented information in its Response showing that it had taken actions to address the
cited items. If OPS finds one or more of these issues in a subsequent inspection, Respondent
may be subject to future enforcement action.
In summary, having reviewed the record and considered the assessment criteria, I assess
Respondent a total civil penalty of $77,300, which has already been paid by Respondent.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
- **truncated:** false
- **body characters:** 16207