{"operation":"document","citation":"CPF 320025003","title":"CYPRESS INTERSTATE PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-19","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320025003","body":"Notice of Probable Violation involving CYPRESS INTERSTATE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.404(c)(3). The case was opened on 2002-02-19 and is reported as closed as of 2002-08-20. Proposed civil penalty: $20,000. Assessed civil penalty: $20,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320025003o.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025003/320025003o.pdf\n\n320025003o_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025003/320025003o_text.pdf\n\n320025003_Final Order_08202002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025003/320025003_Final%20Order_08202002.pdf\n\n320025003_Final Order_08202002.pdf\n\n@\nU.S.Deportment of Tronsportotion\nReseorchond\nSpeciol Progroms Administrotion\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nMr. William M. White\nVice President, Field Operations & Engineering\nKinder Morgan Energy Partners, L.P.\n500 Dallas\nSuite 1000\nHouston, TX 77002\nAUG 2 0 n02\nRe: CPF No. 3-2002-5003\nDear Mr. White:\nEnclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation of pipeline safety standards. Your receipt\nof the Final Order constitutes service of that document under 49 C.F.R $190.5.\nI acknowledge receipt of, and accept the wire transfer dated March 22,2002, in the amount\nof $20,000 as payment in full of the civil penalty. This case is now closed and; no further\nenforcement action is contemplated with the respect to the matters involved in this case. Thank you\nfor your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\n/] -1\n,Wr*,M'tr:l\"'(!) Gwendolyn M. Hill\nPipeline Compliance Regtstry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRAN SPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFI.T{CE OF PIPELINE SAFETY\nWA.SHINGTON. DC 20590\nIn the Matter of\nKinder Morgan Energy Partners, L.F.\nRespondent\nCPF No. 3-2002-5003\nFINAL ORDER\nDuring July 9-13, 2001 and August 6-10, z}}l,pursuant to Chapter 601 of 49 United States Code,\na representative of the Offrce of Fipeline Safety (OPS) conducted an onsite pipeline safety\ninspection of Respondent's pipeline records at the Conway, Kansas, Morris, Illinois, and Lemont,\nIllinois locations. As a result of the inspection, the Director, Central Region, OPS\" issued to\nRespondent, by letter dated February 19,2002, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). ln accordance with 49 C.F.R. $190.207, the Notice proposed finding that\nRespondent had committed a violatircn of 49 C.F.R. Part 195 and proposed assessing a civil penalty\nof $20,000 for the alleged violation-\nFTNDING OF VIOLATION\nRespondent responded by letter dated March 22,2002,but did not contest the alleged violation of\n49 C.F.R. Pafi 195 in the Notice. Accordingly, I find that Respondent violated the following\nsection of Part 195, as more fully described in the Notice:\n49 C.F.R. g195.404(cX3) - failure to maintain records of valve inspections forthe Spring\n2000 period on the Line 110 Chapman Station at Conway, KS. Failure to maintain records\nof the relief valve inspectiurs for the Spring 2000 period at the Walnut Pump Station,\nMorris, IL. Also, failure to rnaintain records of the mainline valve inspections of Line 107\nfor the Spring 2000 period ro well as no documentation for the Flex-Flo pressurc limiting\ndevice inspections for the Fall 1999 period for Line l06E at Lemont, IL.\nThis finding ofviolationwill be considered as aprior offense in any subsequentenforcement action\ntaken against Respondent.\n\n\n\n2\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 5 60122, Respondent is subject to a civil penalty not to exceed $25,000 per\nviolation for each day of the violation up to a maximum of $500,000 for any related series of\nviolations.\n49 U.S.C. S 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree\nof Respondent's culpability, history ofRespondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nAccordingly, having reviewed the record and considered the assessment criteria, I assessed a civil\npenalty of $20,000, already paid by Respondent. The terms and conditions ofthis Final Order are\neffective upon receipt.\nAUG 20 2002\nDate Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4696}