{"operation":"document","citation":"CPF 220131001","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":"2013-02-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465, 192.467(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220131001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220131001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220131001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220131001","body":"Notice of Probable Violation involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192.465,  192.467(d). The case was opened on 2013-02-05 and is reported as closed as of 2013-12-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220131001_Closure letter_12162013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_Closure%20letter_12162013.pdf\n\n220131001_Closure letter_12162013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_Closure%20letter_12162013_text.pdf\n\n220131001_Final Order_06102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_Final%20Order_06102013.pdf\n\n220131001_Final Order_06102013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_Final%20Order_06102013_text.pdf\n\n220131001_nopv_pco_02052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_nopv_pco_02052013.pdf\n\n220131001_nopv_pco_02052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_nopv_pco_02052013_text.pdf\n\n220131001_Operator_Response_to_Notice_03272013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220131001/220131001_Operator_Response_to_Notice_03272013.pdf\n\n220131001_Final Order_06102013_text.pdf\n\nJUNE 10, 2013\nMr. David Goodwin\nVice President\nCompliance and Operation Services\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nRe: CPF No. 2-2013-1001\nDear Mr. Goodwin:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Gulf South Pipeline Company, LP to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Southern Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Wayne T. Lemoi, Director, Southern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [INSERT RECEIPT NO.]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nGulf South Pipeline Company, LP, ) CPF No. 2-2013-1001\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom February 27, 2012 to November 28, 2012, pursuant to 49 U.S.C. § 60117, a representative\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), conducted an on-site pipeline safety inspection of the facilities and records of Gulf\nSouth Pipeline Company, LP (Gulf South or Respondent) in Alabama, Florida, and Mississippi.\nGulf South is a subsidiary of Boardwalk Pipeline Partners, LP and operates approximately\n7,240 miles of interstate natural gas pipelines across Texas, Louisiana, Mississippi, Alabama,\nand Florida.1\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated February 5, 2013, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Gulf South had violated\n49 C.F.R. § 192.467(d) and proposed ordering Respondent to take certain measures to correct the\nalleged violation. The warning item required no further action, but warned the operator to\ncorrect the probable violation or face possible enforcement action.\nRespondent failed to respond within 30 days of receipt of the Notice. Under\n49 C.F.R. § 190.209(c), such failure to respond constitutes a waiver of Gulf South’s right to\ncontest the allegations in the Notice and authorizes the Associate Administrator, without further\nnotice, to find facts as alleged in the Notice and to issue this Final Order under § 190.213. In this\ncase, the Notice was received by Respondent on February 8, 2013, as shown by the certified\nmailing receipt on file with PHMSA. Gulf South responded to the Notice by letter dated March\n27, 2013 (Response), forty-seven days later. In its Response, the company did not contest the\nallegations of violation. Respondent did not request a hearing and therefore has waived its right\nto one. Under such circumstances, I find it reasonable and appropriate to enter this Final Order\nwithout further proceedings.\n1 http://www.gulfsouthpl.com/AboutUsGS.aspx (last accessed on May 17, 2013).\n\n\n\n2\nFINDING OF VIOLATION\nIn its Response, Gulf South did not contest the allegation in the Notice that it violated\n49 C.F.R. Part 192.467(d), as follows:\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.467(d), which states in\nrelevant part:\n§ 192.467 External corrosion control: Electrical isolation.\n(a) Each buried or submerged pipeline must be electrically isolated\nfrom other underground metallic structures, unless the pipeline and the\nother structures are electrically interconnected and cathodically protected\nas a single unit…\n(d) Inspection and electrical tests must be made to assure that\nelectrical isolation is adequate.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.467(d) by failing to test and inspect\nits facilities to assure that electrical isolation and cathodic protection were adequate. Gulf South\ndid not have records to demonstrate that its pipeline had been electrically inspected and tested at\nthe Hattiesburg Delivery Station No. 1, the Petal Compressor Station, and the metering station,\nwhich provides lift gas to Triad Blackburn. During the OPS inspection, pipe-to-soil readings of\n-530mV were noted for the Hattiesburg Delivery Station, -630 mV for the Petal Compressor\nstation, and -270 mV for the metering station. Respondent did not contest this allegation of\nviolation. Accordingly, based upon a review of all of the evidence, I find that Respondent\nviolated 49 C.F.R. § 192.467(d) by failing to ensure that electrical isolation and cathodic\nprotection levels were adequate.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nWARNING ITEM\nWith respect to Item 1, the Notice alleged a probable violation of Part 192 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 192.465 (Item 1) ─ Respondent’s alleged failure to monitor its\ncathodic protection test stations, rectifiers, and interference bonds within the\nrequired intervals. Specifically, Gulf South performed the required inspections on\nthe Hattiesburg-Petal Storage System one month late.\nIf OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject\nto future enforcement action.\n\n\n\n3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 2 in the Notice for a violation of\n49 C.F.R. § 192.467(d). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of\n49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following\nactions to ensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.467(d) (Item 2), Respondent must:\nA. Conduct an inventory of all above-ground facilities with buried change\nof custody locations;\nB. Inspect and test Gulf South’s pipeline at the Hattiesburg Delivery Station\nNo. 1, the Petal Compressor station, and the metering station, which provides\nlift gas to Triad Blackburn;\nC. Include these three locations in Gulf South’s external corrosion control\nmonitoring program; and\nD. Correct any deficiencies noted per Section 192.463(d).\n2. Gulf South must notify the Director, Southern Region, OPS within 150 days\nfollowing the date of issuance of this Final Order that Compliance Order Items\n1(A) and 1(B) have been completed. Gulf South must maintain records associated\nwith Item 1 above for future review by PHMSA Southern Region.\n3. It is requested (not mandated) that Gulf South maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total\nto Wayne Lemoi, Director, Southern Region, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: 1) total cost\nassociated with preparation/revision of plans, procedures, studies and analyses, and 2)\ntotal cost associated with replacements, additions and other changes to pipeline\ninfrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n220131001_Closure letter_12162013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 16, 2013\nMr. David Goodwin\nVice President\nCompliance and Operation Services\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nCPF 2-2013-1001\nDear Mr. Goodwin:\nOn June 10, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS) issued to Gulf South Pipeline Company, LP (GSPL) a Final\nOrder in the above-referenced case. The Final Order included an attached Compliance Order\n(CO) requiring GSPL to undertake certain actions to ensure compliance with the federal\npipeline safety regulations.\nThe OPS Southern Region has received and reviewed several written responses to the CO\nfrom GSPL, including GSPL’s final response dated December 12, 2013. Based on our review\nof these responses we have determined that GSPL has complied with the terms of the Final\nOrder and CO. This case is now closed and no further action is necessary with respect to the\nmatters involved in this case.\nNotwithstanding the closure of this Final Order, it is must be noted that actions related to\nCO Items 1C and 1D are ongoing maintenance activities. PHMSA inspectors will confirm\ncompliance with these items during future on-site pipeline safety inspections.\nPlease be advised that this letter refers only to the above referenced order (CPF 2-2013-1001)\nand not to any other PHMSA cases, if any.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":11274}