{"operation":"document","citation":"CPF 320051011","title":"NATURAL GAS PIPELINE CO OF AMERICA (KMI) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-03-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(d), 192.479(b), 192.613(b), 192.745, 192.751.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320051011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320051011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320051011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320051011","body":"Notice of Probable Violation involving NATURAL GAS PIPELINE CO OF AMERICA (KMI). PHMSA's enforcement data identifies the cited regulations as 192,  192.465(d),  192.479(b),  192.613(b),  192.745,  192.751. The case was opened on 2005-03-14 and is reported as closed as of 2008-01-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320051011_FinalOrderClosure_01282008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320051011/320051011_FinalOrderClosure_01282008.pdf\n\n320051011_finalorderclosure_01282008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320051011/320051011_finalorderclosure_01282008_text.pdf\n\n320051011_finalorderclosure_01282008_text.pdf\n\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\ndA0 2 8 ZITI\nMr. M. Dwayne Burton\nVice President of Gas Operations\nNatural Gas Pipeline Company of America\nOne Allen Center\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nRe: CPF No. 3-2005-1011\nDear Mr. Burton;\nEnclosed is the Final Order in the above-referenced case. It makes findings of violation and\nfinds that you have completed the actions specified in the Notice required to comply with the\npipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes\nservice of that document under 49 C, F. R. $ 190. 5,\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\nCC: Ivan Huntoon, Director, Central Region, PHMSA\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of )\n)\n)\nNatural Gas Pipeline Company )\nof America, )\n(formerly Kinder Morgan, Inc, ) )\n)\nRespondent )\nCPF No. 3-2005-1011\nFINAL ORDER\nOn June 16-28 and July 7-11, 2003, pursuant to 49 U. S. C. ) 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\nconducted an on-site pipeline safety inspection of Respondent's' facilities and records in\nMinneola, Great Bend, and Glasco, Kansas; Beatrice, Nebraska; and Geneseo, Illinois. As a\nresult of the inspection, the Director, Central Region, PHMSA, issued to Respondent, by letter\ndated March 14, 2005, a Notice of Probable Violation and Proposed Compliance Order (Notice).\nIn accordance with 49 C. F. R. $ 190. 207, the Notice proposed finding that Respondent had\ncommitted violations of 49 C. F. R. Part 192 and proposed ordering Respondent to take certain\nmeasures to correct the alleged violations. In addition, the Notice contained a warning that\nRespondent had committed certain other violations of 49 C. F. R. $ 192. 465(d), 192. 745, and\n192. 751 and advised Respondent to take appropriate corrective action.\nRespondent responded to the Notice by letter dated November 8, 2005, as supplemented by letter\ndated February 2, 2006 (Response). Respondent did not contest the allegations of violation and\nprovided information concerning the corrective actions it had taken. Respondent did not request\na hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated 49\nC. F. R. Part 192, as follows:\nIn December 2007, Knight Inc, formerly known as Kmder Morgan Inc, mformed PHMSA that it had retained a\n20% equity ownersh&p in the NGPL system and w&11 contmue as the operator of the system\n\n\n\nNotice Item 2:\n49 C. F. R. g 192. 479 Atmospheric corrosion control: GeneraL\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this section.\n(b) Coating material must be suitable for the prevention of atmospheric corrosion.\nSpecifically, Item 2 in the Notice alleged that Respondent failed to clean and coat portions of its\npipeline exposed to the atmosphere at the Glasco Station. PHMSA's representative observed\natmospheric corrosion at the basement entrance point on the 3\" fuel gas lines to station engines\nNo. 12 and 13. Respondent did not contest the allegation. Accordingly, I find that Respondent\nviolated 49 C. F, R. ) 192. 479 by failing to clean and coat portions of its pipeline exposed to the\natmosphere at the Glasco Station.\nNotice Item 3:\n49 C. F. R. g 192. 613 Continuing surveillance.\n(b) If a segment of pipeline is determined to be in unsatisfactory condition but no\nimmediate hazard exists, the operator shall initiate a program to recondition or phase out\nthe segment involved, or, if the segment cannot be reconditioned or phased out, reduce\nthe maximum allowable operating pressure in accordance with )192. 619(a) and (b),\nSpecifically, Item 3 in the Notice alleged that Respondent failed to recondition or phase out a\nsegment of pipeline No. 3 where an unsatisfactory condition existed. At the Nemaha River\ncrossing (Mile Post 533), PHMSA's representative observed that the line was exposed and that\nlarge gaps existed between the pipe and the river weights. Respondent did not contest the\nallegation. Accordingly, I find that Respondent violated 49 C. F. R. ) 192. 613 by failing to\nrecondition or phase out a segment of pipeline No. 3 where an unsatisfactory condition existed.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nWith respect to Items 2 and 3, the Notice proposed a compliance order. Under 49 U. S. C $\n60118(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. The Director, Central Region, PHMSA has indicated that with respect to Item 2,\nRespondent has corrected the atmospheric corrosion; with respect to Item 3, Respondent has\ncompleted a series of scheduled projects to correct conditions at river crossings.\n\n\n\nAccordingly, since compliance has been achieved with respect to these violations, it is\nunnecessary to include compliance terms in this Order.\nWARNING ITEMS\nWith respect to Items 1, 4 and 5, the Notice alleged probable violations of Part 192 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C. F. R. ) 192. 465(d) (Notice Item 1) — failure to take prompt remedial action to\ncorrect cathodic protection deficiencies indicated by monitoring. Respondent allegedly\nfailed to take prompt remedial action to correct low cathodic protection readings\nidentified at Mile Post 146/147 in 2001;\n49 C. F. R. $ 192. 745 (Notice Item 4) — failure to inspect and partially operate each\ntransmission line valve that might be required during any emergency at mtervals not\nexceeding 15 months, but at least once each calendar year. Respondent allegedly failed\nto inspect and partially operate valves 152 and 163 in 2001; and\n49 C. F. R. $ 192. 751 (Notice Item 5) — failure to take steps to minimize the danger of\naccidental ignition of gas in any structure or area where the presence of gas constitutes a\nhazard of fire or explosion. Respondent allegedly failed to vent a regulator with an\ninternal relief valve to the outside at the Agenda Town Border Station.\nRespondent presented information in its Response showing that it had taken certain actions to\naddress these items. Having considered such information, pursuant to 49 C. F. R. $ 190. 205, I\nfind that probable violations of 49 C. F. R. Part 192 have occiured as described in Notice Items 1,\n4 and 5 and Respondent is hereby advised to correct such conditions. In the event that PHMSA\nfinds a violation for any of these items in a subsequent inspection, Respondent may be subject to\nfuture enforcement action.\nThe terms and conditions of this Final Order are effective on receipt.\nJAN 2 8 2008\nJe ey . Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":8057}