{"operation":"document","citation":"CPF 220151001S","title":"GULF SOUTH PIPELINE COMPANY, LLC — Safety Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-03-27","effective_on":null,"summary":"CLOSED safety order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220151001s.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220151001s.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220151001s","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220151001S","body":"Safety Order involving GULF SOUTH PIPELINE COMPANY, LLC. The dataset does not identify a cited regulation for this case. The case was opened on 2015-03-27 and is reported as closed as of 2024-02-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220151001S_Closure Letter_02092024_(15-149704S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_Closure%20Letter_02092024_(15-149704S).pdf\n\n220151001S_Closure Letter_02092024_(15-149704S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_Closure%20Letter_02092024_(15-149704S)_text.pdf\n\n220151001S_Consent Agreement_06052015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_Consent%20Agreement_06052015.pdf\n\n220151001S_Consent Agreement_06052015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_Consent%20Agreement_06052015_text.pdf\n\n220151001S_Consent Order_07232015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_Consent%20Order_07232015.pdf\n\n220151001S_Consent Order_07232015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_Consent%20Order_07232015_text.pdf\n\n220151001S_nopso_03272015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_nopso_03272015.pdf\n\n220151001S_nopso_03272015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151001S/220151001S_nopso_03272015_text.pdf\n\n220151001S_Consent Order_07232015_text.pdf\n\nJuly 23, 2015\nMr. Richard Keyser\nVice President\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nRe: CPF No. 2-2015-1001S\nDear Mr. Keyser:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement that you\nsigned on June 9, 2015. Service of the Consent Order and Consent Agreement by certified mail\nis deemed effective upon the date of mailing, or 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, Office of Pipeline Safety, Southern Region, PHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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. 2-2015-1001S\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated March 27, 2015, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) Office of Pipeline Safety issued a Notice of Proposed Safety Order (Notice) to Gulf\nSouth Pipeline Company, LP (Respondent or Gulf South) in this case.\nIn accordance with 49 C.F.R. § 190.239, the Notice alleged that conditions exist on Gulf South’s\nIndex 130 and Index 129 transmission pipelines in Mississippi, Louisiana, and Texas that pose a\npipeline integrity risk to public safety, property, or the environment.\nIn response to the Notice, Respondent requested an informal consultation. Respondent and\nPHMSA engaged in good faith settlement discussions resulting in the Consent Agreement\nattached to this Order that settles all of the allegations in the Notice.\nAccordingly, the foregoing Consent Agreement is hereby approved and incorporated by\nreference into this Order. The Respondent is hereby ordered to comply with the terms of the\nConsent Agreement, effective immediately.\nPursuant to 49 U.S.C. 60101 et seq., failure to comply with this Consent Order may result in the\nassessment of civil penalties of up to $200,000 per violation per day, or in the referral of the case\nfor judicial enforcement. The terms and conditions of this Consent Order are effective upon\nservice in accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 5, 2015\nMr. Richard Keyser\nVice President\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nCPF 2-2015-1001S\nDear Mr. Keyser:\nEnclosed for your signature is a Consent Agreement between the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety, Southern Region and\nGulf South Pipeline Company, LP in accordance with §190.(b)(2). Once signed by both\nparties the Associate Administrator for Pipeline Safety will issue a Consent Order,\nincorporating the terms of the agreement, in lieu of the Safety Order proposed by the Southern\nRegion via the Notice of Proposed Safety Order referenced above.\nPlease sign the Consent Agreement and return the signed original to me. If you have any\nquestions on this matter or any other pipeline safety issue please call me at (404) 832-1160.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Consent Agreement\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nSouthern Region\nAtlanta, GA 30303\n____________________________________\nIn the Matter of )\n)\n)\nGulf South Pipeline Company, LP )\nRespondent )\n____________________________________)\n) CPF 2-2015-1001S\nCONSENT AGREEMENT\nOn March 27, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nU.S. Department of Transportation, issued to Gulf South Pipeline Company, LP1 (Gulf South or\nRespondent) a Notice of Proposed Safety Order (Notice). The Notice alleged that conditions\nexist on Gulf South’s Index 130 and Index 129 transmission pipelines in Mississippi, Louisiana,\nand Texas that pose a pipeline integrity risk to public safety, property, or the environment.\nThe Notice also proposed that Respondent take certain corrective measures if necessary to\ncorrect the alleged conditions and ensure that the public, property, and the environment are\nprotected from the potential risk.\nGulf South responded to the Notice by letter dated April 13, 2015 (Response). Respondent\nacknowledged receipt of the proposed safety order and requested an informal consultation,2\nwhich was held June 4, 2015, via teleconference with the Office of Pipeline Safety, Southern\nRegion, Atlanta, Georgia.\nDuring the informal consultation, PHMSA and Gulf South agreed that settlement of this\nproceeding will avoid further administrative proceedings or litigation and that entry into this\nConsent Agreement is the most appropriate means of resolving the Notice; therefore, pursuant to\n49 C.F.R. Part 190, without adjudication of any issue of fact or law, and upon consent and\nagreement of Respondent and PHMSA (\"the Parties\"), the Parties agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as operator of the pipeline, Respondent and its pipeline\nsystem are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101\net seq., and the regulations and administrative orders issued thereunder. For purposes of this\n1 Gulf South is a subsidiary of Boardwalk Pipeline Partners.\n2 Gulf South's Response is incorporated into this Consent Agreement in whole (see attached).\n\n\n\n2\nConsent Agreement, Respondent acknowledges that it received proper notice of PHMSA's action\nin this proceeding and that the Notice states claims upon which relief may be granted pursuant to\n49 U.S.C. 60101 et seq. and the regulations and orders issued thereunder.\n2. Respondent does not admit or deny any allegation or conclusion in the Notice but agrees,\nfor purposes of this Consent Agreement, that the condition identified in the Notice exists and\nagrees to address it by completing the actions specified in Section II of this agreement\n(“Corrective Measures”). These actions, including any work plans and schedules, shall be\nincorporated into this agreement. This Consent Agreement does not constitute a finding of\nviolation of any Federal law or regulation and therefore may not be used in any civil proceeding\nof any kind as evidence or proof of any fact, fault or liability, or as evidence of the violation of\nany law, rule, regulation or requirement, except in a proceeding to enforce the provisions of this\nagreement or in future PHMSA enforcement actions.\n3. After Respondent returns this signed agreement, PHMSA's representative will present it to\nthe Associate Administrator for Pipeline Safety (“Associate Administrator”) recommending that\nthe Associate Administrator adopt the terms of this agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Consent Agreement. The terms of this agreement\nconstitute an offer of settlement until accepted by the Associate Administrator.\n4. Respondent consents to the issuance of the Consent Order, and hereby waives any further\nprocedural requirements with respect to its issuance. Respondent waives all rights to contest the\nadequacy of notice, or the validity of the Consent Order or this Consent Agreement, including all\nrights to administrative or judicial hearings or appeals.\n5. This Consent Agreement shall apply to and be binding upon PHMSA, and upon\nRespondent, its officers, directors, and employees, and its successors, assigns, or other entities or\npersons otherwise bound by law. Respondent agrees to provide a copy of this agreement and any\nincorporated work plans and schedules to all of Respondent's officers, employees, and agents\nwhose duties might reasonably include compliance with this agreement.\n6. For all transfers of ownership or operating responsibility of Respondent’s pipeline,\nRespondent must provide a copy of this Consent Agreement to the prospective transferee at least\n30 days prior to such transfer and simultaneously provide written notice of the prospective\ntransfer to the PHMSA Regional Director who issued the Notice.\n7. This Consent Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this agreement, and\nthe Parties acknowledge that there are no representations, agreements or understandings related\nto the settlement other than those expressly contained in this agreement, except that the terms of\nthis agreement may be construed by reference to the Notice.\n8. Nothing in this Consent Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101\net seq., and the regulations and orders issued thereunder. Nothing in this agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n9. This Consent Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent's pipeline systems. This agreement is not a permit,\n\n\n\n3\nor a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n10. This Consent Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this agreement. The U.S.\nDepartment of Transportation, its officers, employees, agents, and representatives are not liable\nfor any cause of action arising from any acts or omissions of Respondent or its contractors in\ncarrying out any work required by this agreement.\nII. Corrective Measures\n11. Terms & Definitions\na. Affected Pipelines means Gulf South’s:\n− Index 130 - approximately 212.9 miles from Marchand Junction (mile post 83.5) in\nAscension Parish, LA to Kosciusko (mile post 296.4) in Leake County, Mississippi;\nand,\n− Index 129 - approximately 385.6 miles from the Edna Compression Station (mile\npost 58.8) in Jackson County, Texas to the Sterlington Compression Station (mile\npost 444.4) in Ouachita Parish Louisiana.\n− Affected Pipelines only include the valve sections of Index 130 and Index 129 that\ncontain Indicated Hard Spots (defined below).\nb. Type “A” sleeves means non-pressure contacting sleeves installed on the Affected\nPipelines over Indicated Hard Spots.\nType “B” sleeves means pressure contacting sleeves installed on the Affected Pipelines\nover Indicated Hard Spots.\nIndicated Hard Spots means those hard spots on the Affected Pipelines with a Brinell\nhardness value of 300 or greater, that are two (2) inches or greater in any direction, and\nwhich are reinforced with Type A sleeves. Indicated Hard Spots have been identified\nby Gulf South and are shown by valve section in the attached Exhibit A.\nDirector means Director, Office of Pipeline Safety, PHMSA Southern Region, Atlanta,\nGeorgia.\n12. Within 30 days from the issuance of the Consent Order, Gulf South is to maintain a\npressure restriction on both Affected Pipelines of no greater than 550 psig.\nf. The pressure restrictions require any relevant remote or local alarm limits, software\nprogramming set-points or control points, and mechanical over-pressure devices to be\nadjusted accordingly.\nThe pressure restrictions are to remain in effect in each valve section until all Type “A”\nsleeves in that particular valve section have been removed or remediated in accordance\nwith the Remedial Work Plan described in Item 15 below, or otherwise properly\naddressed using a method selected by Gulf South in consultation with PHMSA, and\nc. d. e. g.\n\n\n\n4\nwritten approval to remove and/or modify the pressure restrictions is obtained from the\nDirector.\nh. The Director can allow the permanent removal and/or modification of the pressure\nrestriction on either or both Affected Pipelines or for segments of either or both Affected\nPipelines upon a written request from Gulf South demonstrating that the corrective\nmeasures described in the Remedial Work Plan (see Item 15 below) have been\ncompleted.\ni. The Director may allow the temporary removal and/or modification of the pressure\nrestriction on either or both Affected Pipelines or for segments of either or both Affected\nPipelines upon a written request from Gulf South demonstrating that preventive and\nmitigative measures have been implemented and will remain in place during the\ntemporary removal and/or modification of the pressure restriction. The Director's\ndetermination will be based on the evidence that preventative and mitigative actions\ntaken by the Respondent provide for the safe operation of the pipeline(s) or pipeline\nsegment(s) during the temporary removal and/or modification of the pressure\nrestriction.\n13. j. The Director may allow the temporary or permanent removal and/or modification of\nthe pressure restriction on either or both Affected Pipelines or for segments of either or\nboth Affected Pipelines upon a written request from Gulf South demonstrating that\nrestoring the pipeline(s) or pipeline segment(s) to normal operating pressure is justified\nbased on a reliable engineering analysis showing that the pressure increase is safe\nconsidering all known defects, anomalies, and operating parameters of the pipeline.\nk. Appeals to determinations of the Director in this regard will be decided by the\nAssociate Administrator for Pipeline Safety.\nGulf South is to complete mechanical and metallurgical testing and failure analysis to:\nl. Determine the cause of the failure on the Index 130, including an analysis of the Type\n“A” sleeve which also failed on the Index 130.\nm. Determine a safe operating pressure using fracture mechanics modeling for all Type\n“A” sleeves that will remain on the Affected Pipelines after remediation.\nn. Analyze three (3) additional Type “A” sleeves on the Index 130 from the Caney Creek\nblock valve (mile post 255.8) to the Fannin block valve (mile post 248.9).\no. Use the data to further validate the fracture mechanics modeling, and to analyze how\nthe workmanship on the Type “A” sleeve may have contributed to the pipeline failure.\n14. The mechanical and metallurgical testing and failure analysis must be completed and\nsubmitted to the Director on or before September 30, 2015, or 30 days after issuance of the\nConsent Order, whichever occurs last. Ensure that each testing laboratory distributes all reports\nwhether draft or final in their entirety to the Director at the same time they are made available to\nGulf South.\n15. Within 60 days from the issuance of this Order, Gulf South must submit a Remedial Work\nPlan (RWP) to the Director for review and approval. The RWP must include a proposed\nschedule for completion of the RWP and must require Gulf South to accomplish the following:\n\n\n\n5\n16. p. Remove or reinforce with a pressure containing Type “B” sleeve all Indicated Hard\nSpots on both Affected Pipelines that are currently reinforced with Type “A” sleeves,\nand which are located within High Consequence Areas (HCAs), Class 3 locations,\nand/or within 660 feet of a habitable structure by not later than December 31, 2015.\nq. Identify all the remaining Indicated Hard Spots reinforced with Type “A” sleeves (i.e.\nthose not removed or reinforced with a Type “B” sleeve as explained above) on both\nthe Affected Pipelines by mile post, station, GPS, wheel count or other stationing\nmethod.\nr. Establish a written procedure to identify within 12 calendar months any remaining\nIndicated Hard Spot(s) on both Affected Pipelines reinforced with a Type “A” sleeve\n(i.e. a hard spot not removed or reinforced with a Type “B” sleeve as explained above)\nthat becomes located within an HCA, Class 3 locations, or within 660 feet of a\nhabitable structure in the future due to development, an increase in population density,\nor any other cause.\ns. Remove or reinforce with a pressure containing Type “B” sleeve any remaining\nIndicated Hard Spot on both Affected Pipelines reinforced with a Type “A” sleeve (i.e.\none not removed or reinforced with a Type “B” sleeve as explained above) if the\nIndicated Hard Spot becomes located within an HCA, Class 3 location area, or within\n660 feet of a habitable structure within 24 months.\nThe Director may approve the RWP incrementally without approving the entire RWP.\nt. Once approved by the Director, the RWP will be incorporated by reference into this\nOrder.\nu. v. Gulf South will implement the RWP as it is approved by the Director.\nGulf South must revise the RWP as necessary to incorporate new information obtained\nduring the failure investigation and remedial activities, to incorporate the results of\nactions undertaken pursuant to this Safety Order, and/or to incorporate modifications\nrequired by the Director. Submit any such plan revisions to the Director for review and\napproval. The Director may approve plan revisions incrementally. Once approved, the\nAmended RWP and all revisions will become incorporated into the Consent Order.\n17. The Director may grant an extension of time for compliance with any of the terms of the\nConsent Order upon a written request timely submitted demonstrating good cause for an\nextension.\n18. Gulf South may appeal any decision of the Director to the Associate Administrator for\nPipeline Safety. Decisions of the Associate Administrator shall be final.\n19. Beginning 60 days after the Consent Order’s issuance, Gulf South is to prepare and submit\nmonthly progress reports to the Director. These reports should include documentation of the\ncosts associated with implementing the Corrective Measures and include sufficient detail to\nallow the Director to track the progress of the project and to provide the Director (or his\ndesignated representatives) an opportunity to observe and inspect future field activities as they\noccur.\n\n\n\n6\n20. Gulf South agrees to maintain documentation of the costs associated with implementing the\nCorrective Measures set forth in the Notice and to submit such costs to the Director with the\nmonthly progress reports described in the Notice.\nIII. Review and Approval Process\n21. With respect to any submission under Section II of this Consent Agreement that requires\nthe approval of the Director, the Director may: (a) approve, in whole or in part, the submission,\n(b) approve the submission on specified conditions, (c) disapprove, in whole or in part, the\nsubmission, or (d) any combination of the foregoing. If the Director approves, approves in part,\nor approves with conditions, Respondent will take all action as approved by the Director, subject\nto Respondent's right to invoke the dispute resolution procedures in Section IV with respect to\nany conditions the Director identifies. If the Director disapproves all or any portion of the\nsubmission, the Director will provide Respondent with a written notice of the deficiencies.\nRespondent will correct all deficiencies within the time specified by the Director and resubmit it\nfor approval.\nIV. Dispute Resolution\n22. The Director and Respondent will informally attempt to resolve any disputes arising under\nthis Consent Agreement. If Respondent and the Director are unable to informally resolve the\ndispute within 15 days, Respondent may request in writing, within 10 days, a written\ndetermination resolving the dispute from the Associate Administrator for Pipeline Safety\nproviding all information that Respondent believes is relevant to the dispute. If the request is\nsubmitted as provided herein, the Associate Administrator will issue a final determination in\nwriting. The existence of a dispute and PHMSA's consideration of matters placed in dispute will\nnot excuse, toll, or suspend any term or timeframe for completion of any work to be performed\nunder this agreement during the pendency of the dispute resolution process except as agreed by\nthe Director or the Associate Administrator in writing.\nV. Enforcement\n23. This Consent Agreement, as adopted by the Consent Order, is subject to all enforcement\nauthorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49 C.F.R. Part 190,\nincluding administrative civil penalties under § 60122 of up to $200,000 per violation for each\nday the violation continues, if PHMSA determines that Respondent is not proceeding according\nto the terms of the agreement, determinations made by the Director, or if appealed, decisions of\nthe Associate Administrator. All work plans and associated schedules set forth or referenced in\nSection II will be incorporated into this Consent Agreement and are enforceable in the same\nmanner.\nVI. Record Keeping and Information Disclosure\n24. Respondent agrees to maintain records demonstrating compliance with all requirements of\nthis Consent Agreement for a period of at least five years following completion of all work to be\nperformed. For any reports, plans, or other deliverables required to be submitted to PHMSA\npursuant to this Consent Agreement, Respondent may assert a claim of business confidentiality\nor other protections applicable to the release of information by PHMSA, covering part or all of\n\n\n\n7\nthe information required to be submitted to PHMSA pursuant to this agreement in accordance\nwith 49 C.F.R. Part 7. Respondent must mark the claim of confidentiality in writing on each\npage, and include a statement specifying the grounds for each claim of confidentially. PHMSA\ndetermines release of any information submitted pursuant to this Consent Agreement in\naccordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and/or\nPHMSA policies, and other applicable regulations and Executive Orders.\nVII. Modification\n25. The terms of this Consent Agreement may be modified by mutual agreement of the parties.\nSuch modifications must be in writing and signed by both parties.\nVIII. Termination\n26. This Consent Agreement terminates upon completion of all terms set forth in Section II\n(Corrective Measures) as determined by the Director. Respondent may request written\nconfirmation from PHMSA when this agreement is terminated. To the extent ongoing\nmonitoring is required; PHMSA may terminate this agreement with respect to all other\nrequirements with the exception of such monitoring. Nothing in this agreement prevents\nRespondent from completing any of the obligations earlier than the deadlines provided for in this\nAgreement.\nIX. Ratification\n27. The Parties undersigned representatives certify that they are fully authorized to enter into\nthe terms and conditions of this Consent Agreement and to execute and legally bind such party to\nthis document.\n28. The Parties hereby agree to all conditions and terms of this Consent Agreement:\nFor PHMSA: For Respondent:\n_______________________________ _________________________________\nWayne T. Lemoi Date Richard Keyser Date\nDirector, Office of Pipeline Safety Sr. VP, Operations\nPHMSA Southern Region Gulf South Pipeline Company, LP\nU.S. Department of Transportation\n\n220151001S_Closure Letter_02092024_(15-149704S)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Tina.Baker@bwpipelines.com;\nKelly.Englehart@bwpipelines; C&SFiling@bwpipelines.com\nFebruary 9, 2024\nRichard Keyser\nVice President\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nCPF 2-2015-1001S\nDear Mr. Keyser:\nBy letter dated March 27, 2015, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to chapter 601 of 49 United States Code, issued a Notice of Proposed Safety\nOrder to Gulf South Pipeline Company, LP. The Notice alleged that conditions exist on Gulf\nSouth’s Index 130 and Index 129 transmission pipelines in Mississippi, Louisiana, and Texas\nthat pose a pipeline integrity risk to public safety, property, or the environment.\nGulf South submitted its completed remediation of all type A sleeves on April 26, 2022. My\nstaff reviewed the remediations that were attached to Appendix I, and it appears that the\ninadequacies outlined in the Notice of Proposed Safety Order have been corrected.\nThis letter, in addition to the email that was sent on August 30, 2022, is to inform you no further\naction is necessary and this case is now closed. Please be advised that this letter refers only to the\nreferenced NOPSO (CPF #2-2015-1001S) and not to any other PHMSA cases, if any. Thank you\nfor your cooperation.\nSincerely,\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n220151001S_Consent Agreement_06052015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 5, 2015\nMr. Richard Keyser\nVice President\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nCPF 2-2015-1001S\nDear Mr. Keyser:\nEnclosed for your signature is a Consent Agreement between the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety, Southern Region and\nGulf South Pipeline Company, LP in accordance with §190.(b)(2). Once signed by both\nparties the Associate Administrator for Pipeline Safety will issue a Consent Order,\nincorporating the terms of the agreement, in lieu of the Safety Order proposed by the Southern\nRegion via the Notice of Proposed Safety Order referenced above.\nPlease sign the Consent Agreement and return the signed original to me. If you have any\nquestions on this matter or any other pipeline safety issue please call me at (404) 832-1160.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Consent Agreement\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nSouthern Region\nAtlanta, GA 30303\n____________________________________\nIn the Matter of )\n)\n)\nGulf South Pipeline Company, LP )\nRespondent )\n____________________________________)\n) CPF 2-2015-1001S\nCONSENT AGREEMENT\nOn March 27, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nU.S. Department of Transportation, issued to Gulf South Pipeline Company, LP1 (Gulf South or\nRespondent) a Notice of Proposed Safety Order (Notice). The Notice alleged that conditions\nexist on Gulf South’s Index 130 and Index 129 transmission pipelines in Mississippi, Louisiana,\nand Texas that pose a pipeline integrity risk to public safety, property, or the environment.\nThe Notice also proposed that Respondent take certain corrective measures if necessary to\ncorrect the alleged conditions and ensure that the public, property, and the environment are\nprotected from the potential risk.\nGulf South responded to the Notice by letter dated April 13, 2015 (Response). Respondent\nacknowledged receipt of the proposed safety order and requested an informal consultation,2\nwhich was held June 4, 2015, via teleconference with the Office of Pipeline Safety, Southern\nRegion, Atlanta, Georgia.\nDuring the informal consultation, PHMSA and Gulf South agreed that settlement of this\nproceeding will avoid further administrative proceedings or litigation and that entry into this\nConsent Agreement is the most appropriate means of resolving the Notice; therefore, pursuant to\n49 C.F.R. Part 190, without adjudication of any issue of fact or law, and upon consent and\nagreement of Respondent and PHMSA (\"the Parties\"), the Parties agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as operator of the pipeline, Respondent and its pipeline\nsystem are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101\net seq., and the regulations and administrative orders issued thereunder. For purposes of this\n1 Gulf South is a subsidiary of Boardwalk Pipeline Partners.\n2 Gulf South's Response is incorporated into this Consent Agreement in whole (see attached).\n\n\n\n2\nConsent Agreement, Respondent acknowledges that it received proper notice of PHMSA's action\nin this proceeding and that the Notice states claims upon which relief may be granted pursuant to\n49 U.S.C. 60101 et seq. and the regulations and orders issued thereunder.\n2. Respondent does not admit or deny any allegation or conclusion in the Notice but agrees,\nfor purposes of this Consent Agreement, that the condition identified in the Notice exists and\nagrees to address it by completing the actions specified in Section II of this agreement\n(“Corrective Measures”). These actions, including any work plans and schedules, shall be\nincorporated into this agreement. This Consent Agreement does not constitute a finding of\nviolation of any Federal law or regulation and therefore may not be used in any civil proceeding\nof any kind as evidence or proof of any fact, fault or liability, or as evidence of the violation of\nany law, rule, regulation or requirement, except in a proceeding to enforce the provisions of this\nagreement or in future PHMSA enforcement actions.\n3. After Respondent returns this signed agreement, PHMSA's representative will present it to\nthe Associate Administrator for Pipeline Safety (“Associate Administrator”) recommending that\nthe Associate Administrator adopt the terms of this agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Consent Agreement. The terms of this agreement\nconstitute an offer of settlement until accepted by the Associate Administrator.\n4. Respondent consents to the issuance of the Consent Order, and hereby waives any further\nprocedural requirements with respect to its issuance. Respondent waives all rights to contest the\nadequacy of notice, or the validity of the Consent Order or this Consent Agreement, including all\nrights to administrative or judicial hearings or appeals.\n5. This Consent Agreement shall apply to and be binding upon PHMSA, and upon\nRespondent, its officers, directors, and employees, and its successors, assigns, or other entities or\npersons otherwise bound by law. Respondent agrees to provide a copy of this agreement and any\nincorporated work plans and schedules to all of Respondent's officers, employees, and agents\nwhose duties might reasonably include compliance with this agreement.\n6. For all transfers of ownership or operating responsibility of Respondent’s pipeline,\nRespondent must provide a copy of this Consent Agreement to the prospective transferee at least\n30 days prior to such transfer and simultaneously provide written notice of the prospective\ntransfer to the PHMSA Regional Director who issued the Notice.\n7. This Consent Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this agreement, and\nthe Parties acknowledge that there are no representations, agreements or understandings related\nto the settlement other than those expressly contained in this agreement, except that the terms of\nthis agreement may be construed by reference to the Notice.\n8. Nothing in this Consent Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101\net seq., and the regulations and orders issued thereunder. Nothing in this agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n9. This Consent Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent's pipeline systems. This agreement is not a permit,\n\n\n\n3\nor a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n10. This Consent Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this agreement. The U.S.\nDepartment of Transportation, its officers, employees, agents, and representatives are not liable\nfor any cause of action arising from any acts or omissions of Respondent or its contractors in\ncarrying out any work required by this agreement.\nII. Corrective Measures\n11. Terms & Definitions\na. Affected Pipelines means Gulf South’s:\n− Index 130 - approximately 212.9 miles from Marchand Junction (mile post 83.5) in\nAscension Parish, LA to Kosciusko (mile post 296.4) in Leake County, Mississippi;\nand,\n− Index 129 - approximately 385.6 miles from the Edna Compression Station (mile\npost 58.8) in Jackson County, Texas to the Sterlington Compression Station (mile\npost 444.4) in Ouachita Parish Louisiana.\n− Affected Pipelines only include the valve sections of Index 130 and Index 129 that\ncontain Indicated Hard Spots (defined below).\nb. Type “A” sleeves means non-pressure contacting sleeves installed on the Affected\nPipelines over Indicated Hard Spots.\nType “B” sleeves means pressure contacting sleeves installed on the Affected Pipelines\nover Indicated Hard Spots.\nIndicated Hard Spots means those hard spots on the Affected Pipelines with a Brinell\nhardness value of 300 or greater, that are two (2) inches or greater in any direction, and\nwhich are reinforced with Type A sleeves. Indicated Hard Spots have been identified\nby Gulf South and are shown by valve section in the attached Exhibit A.\nDirector means Director, Office of Pipeline Safety, PHMSA Southern Region, Atlanta,\nGeorgia.\n12. Within 30 days from the issuance of the Consent Order, Gulf South is to maintain a\npressure restriction on both Affected Pipelines of no greater than 550 psig.\nf. The pressure restrictions require any relevant remote or local alarm limits, software\nprogramming set-points or control points, and mechanical over-pressure devices to be\nadjusted accordingly.\nThe pressure restrictions are to remain in effect in each valve section until all Type “A”\nsleeves in that particular valve section have been removed or remediated in accordance\nwith the Remedial Work Plan described in Item 15 below, or otherwise properly\naddressed using a method selected by Gulf South in consultation with PHMSA, and\nc. d. e. g.\n\n\n\n4\nwritten approval to remove and/or modify the pressure restrictions is obtained from the\nDirector.\nh. The Director can allow the permanent removal and/or modification of the pressure\nrestriction on either or both Affected Pipelines or for segments of either or both Affected\nPipelines upon a written request from Gulf South demonstrating that the corrective\nmeasures described in the Remedial Work Plan (see Item 15 below) have been\ncompleted.\ni. The Director may allow the temporary removal and/or modification of the pressure\nrestriction on either or both Affected Pipelines or for segments of either or both Affected\nPipelines upon a written request from Gulf South demonstrating that preventive and\nmitigative measures have been implemented and will remain in place during the\ntemporary removal and/or modification of the pressure restriction. The Director's\ndetermination will be based on the evidence that preventative and mitigative actions\ntaken by the Respondent provide for the safe operation of the pipeline(s) or pipeline\nsegment(s) during the temporary removal and/or modification of the pressure\nrestriction.\n13. j. The Director may allow the temporary or permanent removal and/or modification of\nthe pressure restriction on either or both Affected Pipelines or for segments of either or\nboth Affected Pipelines upon a written request from Gulf South demonstrating that\nrestoring the pipeline(s) or pipeline segment(s) to normal operating pressure is justified\nbased on a reliable engineering analysis showing that the pressure increase is safe\nconsidering all known defects, anomalies, and operating parameters of the pipeline.\nk. Appeals to determinations of the Director in this regard will be decided by the\nAssociate Administrator for Pipeline Safety.\nGulf South is to complete mechanical and metallurgical testing and failure analysis to:\nl. Determine the cause of the failure on the Index 130, including an analysis of the Type\n“A” sleeve which also failed on the Index 130.\nm. Determine a safe operating pressure using fracture mechanics modeling for all Type\n“A” sleeves that will remain on the Affected Pipelines after remediation.\nn. Analyze three (3) additional Type “A” sleeves on the Index 130 from the Caney Creek\nblock valve (mile post 255.8) to the Fannin block valve (mile post 248.9).\no. Use the data to further validate the fracture mechanics modeling, and to analyze how\nthe workmanship on the Type “A” sleeve may have contributed to the pipeline failure.\n14. The mechanical and metallurgical testing and failure analysis must be completed and\nsubmitted to the Director on or before September 30, 2015, or 30 days after issuance of the\nConsent Order, whichever occurs last. Ensure that each testing laboratory distributes all reports\nwhether draft or final in their entirety to the Director at the same time they are made available to\nGulf South.\n15. Within 60 days from the issuance of this Order, Gulf South must submit a Remedial Work\nPlan (RWP) to the Director for review and approval. The RWP must include a proposed\nschedule for completion of the RWP and must require Gulf South to accomplish the following:\n\n\n\n5\n16. p. Remove or reinforce with a pressure containing Type “B” sleeve all Indicated Hard\nSpots on both Affected Pipelines that are currently reinforced with Type “A” sleeves,\nand which are located within High Consequence Areas (H","truncated":true,"body_characters":47890}