{"operation":"document","citation":"CPF 22023019WL","title":"NATURAL GAS PIPELINE CO OF AMERICA (KMI) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-15","effective_on":null,"summary":"CLOSED warning letter citing 192.491(c)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023019wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023019wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22023019wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22023019WL","body":"Warning Letter involving NATURAL GAS PIPELINE CO OF AMERICA (KMI). PHMSA's enforcement data identifies the cited regulation as 192.491(c)(1). The case was opened on 2023-12-15 and is reported as closed as of 2023-12-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22023019WL_Operator Response to Notice_01112024_(22-234854).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023019WL/22023019WL_Operator%20Response%20to%20Notice_01112024_(22-234854).pdf\n\n22023019WL_Warning Letter_12152023_(22-234854).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023019WL/22023019WL_Warning%20Letter_12152023_(22-234854).pdf\n\n22023019WL_Warning Letter_12152023_(22-234854)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22023019WL/22023019WL_Warning%20Letter_12152023_(22-234854)_text.pdf\n\n22023019WL_Warning Letter_12152023_(22-234854)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Kenneth grubb@kindermorgan.com;\nmartin muller@kindermorgan.com;HollandJ@kindermorgan.com;\nTom Martin@kindermorgan.com\nDecember 15, 2023\nMr. Kenneth Grubb\nChief Operating Officer\nNatural Gas Pipeline Company of America, LLC\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 2-2023-019-WL\nDear Mr. Grubb:\nFrom July 25, 2022 to July 29, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your written procedures, records, and facilities in Kansas.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. §192.491 Corrosion Control Records\n(a) …\n(c) Each operator shall maintain a record of each test, survey, or inspection required by\nthis subpart in sufficient detail to demonstrate the adequacy of corrosion control\n\n\n\nmeasures or that a corrosive condition does not exist. These records must be retained\nfor at least 5 years with the following exceptions:\n(1) Operators must retain records related to §§ 192.465 (a) and (e) and 192.475(b) for as\nlong as the pipeline remains in service…\nNatural Gas Pipeline Company of America, LLC (NGPL) failed to meet the regulation\nbecause it did not maintain a record for each inspection of a cathodic protection rectifier, as\nrequired by §192.465(b). Specifically, NGPL did not have records demonstrating it had not\nexceeded the required 2 ½ month inspection interval for 26 rectifiers. Additionally, NGPL\ndid not maintain a record in sufficient detail to demonstrate the adequacy of corrosion control\nmeasures for 6 rectifiers in 2018.\nNGPL presented records during the inspection to demonstrate it had inspected its cathodic\nprotection rectifiers. The records documented the following deficiencies:\n• 3 rectifiers did not have a recorded DC voltage or amps output reading on\n09/10/2018 but there were such readings on records from 07/17/2018 and 11/21/2018\n(a period of 127 days). No record of any rectifier inspections were available between\n07/17/2018 and 11/21/2018, which exceeded the inspection interval documentation\nrequirement by 52 days (127 days minus 2 ½ months [75 days]),\n• 3 rectifiers did not have a recorded DC voltage output reading for six inspections\nduring 2018,\n• 9 rectifiers had inspections on 09/10/2018 and 11/27/2018 (a period of 78 days). No\nrecord of any rectifier inspections were available between these dates, which\nexceeded the inspection interval documentation requirement by 3 days (78 days\nminus 2 ½ months [75 days]), and\n• 17 rectifiers had inspections on 09/10/2018 and 11/26/2018 (a period of 77 days). No\nrecord of any rectifier inspections were available between these dates, which\nexceeded the inspection interval documentation requirement by 2 days (77 days\nminus 2 ½ months [75 days]).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\n\n\n\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nNatural Gas Pipeline Company of America, LLC, being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2023-019-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nFor:\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6651}