NATURAL GAS PIPELINE CO OF AMERICA (KMI) — Notice of Probable Violation

party submissionOfficial PDF22023016NOPV_Operator Response to Notice_09062023_(21-209691).pdf#

case documentOfficial PDF22023016NOPV_PCP_08172023_(21-209691).pdf#

case documentOfficial PDF22023016NOPV_PCP_08172023_(21-209691)_text.pdf#

22023016NOPV_Final Order_10172023_(21-209691)_text.pdf, page 1Official PDFOctober 17, 2023 VIA ELECTRONIC MAIL TO: kenneth grubb@kindermorgan.com Mr. Kenneth Grubb Chief Operating Officer Natural Gas Pipeline Company of America, LLC 1001 Louisiana Street, Suite 1000 Houston, Texas 77002 Re: CPF No. 2-2023-016-NOPV Dear Mr. Grubb: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $78,500. When the civil penalty has been paid, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. James A. Urisko, Director, Southern Region, Office of Pipeline Safety, PHMSA Mr. Ronald S. Bessette, Vice President, Operations, Natural Gas Pipeline Company of America LLC, ron_bessette@kindermorgan.com Mr. Jaime Hernandez, Director, Engineering: Codes and Standards, Natural Gas Pipeline Company of America LLC, jaime_hernandez@kindermorgan.com CONFIRMATION OF RECEIPT REQUESTED#

22023016NOPV_Final Order_10172023_(21-209691)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Natural Gas Pipeline Company of ) America LLC, ) CPF No. 2-2023-016-NOPV ) Respondent. ) ____________________________________) FINAL ORDER On August 17, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Southern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Civil Penalty (Notice) to Natural Gas Pipeline Company of America LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 191 and proposed a civil penalty of $78,500. Respondent did not contest the allegations of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 191.22(c)(1)(i) (Item 1) ─ Respondent failed to notify PHMSA, not later than 60 days before the event, of construction or any planned rehabilitation, replacement, modification, upgrade, uprate, or update of a facility that costs $10 million or more. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed a civil penalty amount of $78,500. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845.#

22023016NOPV_Final Order_10172023_(21-209691)_text.pdf, page 3Failure to pay the $78,500 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. October 17, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#