CYPRESS INTERSTATE PIPELINE LLC — Notice of Probable Violation

case documentOfficial PDF320025003o.pdf#

case documentOfficial PDF320025003o_text.pdf#

320025003_Final Order_08202002.pdf, page 1Official PDF@ U.S.Deportment of Tronsportotion Reseorchond Speciol Progroms Administrotion 400 Seventh Street, S.W. Washington, D.C. 20590 Mr. William M. White Vice President, Field Operations & Engineering Kinder Morgan Energy Partners, L.P. 500 Dallas Suite 1000 Houston, TX 77002 AUG 2 0 n02 Re: CPF No. 3-2002-5003 Dear Mr. White: Enclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation of pipeline safety standards. Your receipt of the Final Order constitutes service of that document under 49 C.F.R $190.5. I acknowledge receipt of, and accept the wire transfer dated March 22,2002, in the amount of $20,000 as payment in full of the civil penalty. This case is now closed and; no further enforcement action is contemplated with the respect to the matters involved in this case. Thank you for your cooperation in our joint effort to ensure pipeline safety. Sincerely, /] -1 ,Wr*,M'tr:l"'(!) Gwendolyn M. Hill Pipeline Compliance Regtstry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT REOUESTED#

320025003_Final Order_08202002.pdf, page 2DEPARTMENT OF TRAN SPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION OFI.T{CE OF PIPELINE SAFETY WA.SHINGTON. DC 20590 In the Matter of Kinder Morgan Energy Partners, L.F. Respondent CPF No. 3-2002-5003 FINAL ORDER During July 9-13, 2001 and August 6-10, z}}l,pursuant to Chapter 601 of 49 United States Code, a representative of the Offrce of Fipeline Safety (OPS) conducted an onsite pipeline safety inspection of Respondent's pipeline records at the Conway, Kansas, Morris, Illinois, and Lemont, Illinois locations. As a result of the inspection, the Director, Central Region, OPS" issued to Respondent, by letter dated February 19,2002, a Notice of Probable Violation and Proposed Civil Penalty (Notice). ln accordance with 49 C.F.R. $190.207, the Notice proposed finding that Respondent had committed a violatircn of 49 C.F.R. Part 195 and proposed assessing a civil penalty of $20,000 for the alleged violation- FTNDING OF VIOLATION Respondent responded by letter dated March 22,2002,but did not contest the alleged violation of 49 C.F.R. Pafi 195 in the Notice. Accordingly, I find that Respondent violated the following section of Part 195, as more fully described in the Notice: 49 C.F.R. g195.404(cX3) - failure to maintain records of valve inspections forthe Spring 2000 period on the Line 110 Chapman Station at Conway, KS. Failure to maintain records of the relief valve inspectiurs for the Spring 2000 period at the Walnut Pump Station, Morris, IL. Also, failure to rnaintain records of the mainline valve inspections of Line 107 for the Spring 2000 period ro well as no documentation for the Flex-Flo pressurc limiting device inspections for the Fall 1999 period for Line l06E at Lemont, IL. This finding ofviolationwill be considered as aprior offense in any subsequentenforcement action taken against Respondent.#

320025003_Final Order_08202002.pdf, page 32 ASSESSMENT OF PENALTY Under 49 U.S.C. 5 60122, Respondent is subject to a civil penalty not to exceed $25,000 per violation for each day of the violation up to a maximum of $500,000 for any related series of violations. 49 U.S.C. S 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil penalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree of Respondent's culpability, history ofRespondent's prior offenses, Respondent's ability to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's ability to continue in business, and such other matters as justice may require. Accordingly, having reviewed the record and considered the assessment criteria, I assessed a civil penalty of $20,000, already paid by Respondent. The terms and conditions ofthis Final Order are effective upon receipt. AUG 20 2002 Date Issued Associate Administrator for Pipeline Safety#