{"operation":"document","citation":"CPF 320061012","title":"KPC PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-03-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.473(a), 192.485(c), 192.739(a), 192.745(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320061012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320061012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320061012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320061012","body":"Notice of Probable Violation involving KPC PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 192.473(a),  192.485(c),  192.739(a),  192.745(b). The case was opened on 2006-03-06 and is reported as closed as of 2011-12-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320061012_Closure Letter_12222011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320061012/320061012_Closure%20Letter_12222011.pdf\n\n320061012_Closure Letter_12222011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320061012/320061012_Closure%20Letter_12222011_text.pdf\n\n320061012_FinalOrder_01292009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320061012/320061012_FinalOrder_01292009.pdf\n\n320061012_FinalOrder_01292009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320061012/320061012_FinalOrder_01292009_text.pdf\n\n320061012_FinalOrder_01292009_text.pdf\n\nMr. Terrance L. McGill\nPresident\nEnbridge Energy Company, Inc.\n1100 Louisiana St., Suite 3300\nHouston, TX 77002-5217\nMr. Michael Forbau\nChief Operating Officer\nQuest Midstream Partners, L.P.\nThree Allen Center\n333 Clay Street, Suite 4060\nHouston, TX 77002-7002\nRe: CPF No. 3-2006-1012\nDear Mr. McGill and Mr. Forbau:\nEnclosed is the Final Order issued by the Pipeline and Hazardous Materials Safety\nAdministration in the above-referenced case. It makes findings of violation and specifies actions\nthat need to be taken by the pipeline’s current owner, Quest Midstream, to comply with the\npipeline safety regulations. When the terms committed by Enbridge of the compliance order\nhave been completed, as determined by the Director, Central Region, this enforcement action\nwill be closed. Your receipt of the Final Order constitutes service of that document under 49\nC.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ivan A. Huntoon, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nEnbridge Energy Company, Inc., )\na/k/a Enbridge Pipelines Kansas ) CPF No. 3-2006-1012\nPipeline Company, Respondent, )\n)\nand )\n)\nQuest Midstream Partners, L. P. )\n______________________________)\nFINAL ORDER\nOn December 5-15, 2005, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration, Office of Pipeline Safety (OPS), conducted an on-\nsite pipeline safety inspection of the facilities and records of Enbridge Energy Company, Inc.\n(Enbridge or Respondent) at its Olathe, Kansas, facility. At the time of the inspection, Enbridge\nowned and operated the Kansas Pipeline System, a 1,120-mile interstate gas pipeline that\ntransports natural gas from Oklahoma and western Kansas to the metropolitan Wichita and\nKansas City markets. 1 As a result of the inspection, the Director, Central Region, OPS\n(Director), issued to Enbridge, by letter dated March 6, 2006, a Notice of Probable Violation and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Enbridge had committed violations of 49 C.F.R. Part 192 and ordering\nEnbridge to take certain corrective measures. The Notice also proposed finding that Enbridge\nhad committed other probable violations of 49 C.F.R. Part 192 and warning the company to take\nappropriate corrective action or be subject to future enforcement action.\nEnbridge responded to the Notice by letter dated April 5, 2006, as supplemented by letters dated\nMay 16, 2006, May 25, 2006, June 7, 2006, September 29, 2006, December 22, 2006, July 2,\n2007, and October 15, 2007 (collectively, Response). Enbridge did not contest the allegations of\nviolation but described certain corrective actions that it planned to implement. Respondent did\nnot request a hearing and therefore has waived its right to one.\n1 In 2007, Quest Midstream Partners, L.P. (Quest) acquired from Enbridge the pipeline facilities that are the subject\nof this Final Order. Quest Midstream Partners, L.P., a subsidiary of Quest Resource Corporation, owns and operates\nroughly 2,000 miles of natural gas gathering pipelines, in addition to the Kansas Pipeline System.\n\n\n\n2\nFINDINGS OF VIOLATION\nItem 1B: The Notice alleged that Enbridge violated 49 C.F.R. § 192.473(a), which states:\n§ 192.473 External corrosion control: Interference currents.\n(a) Each operator whose pipeline system is subjected to stray\ncurrents shall have in effect a continuing program to minimize the\ndetrimental effects of such currents.\nThe Notice alleged that Enbridge’s employees did not adhere to the company’s written operating\nand maintenance procedures (O&M Manual) to assess foreign crossings and minimize the\ndetrimental effects of stray currents on the pipeline’s cathodic protection system. Although\nEnbridge had developed written procedures for assessing stray currents, its personnel failed to\nroutinely survey the crossings and take appropriate action as established by the O&M Manual.\nIn response to the Notice, Enbridge did not contest the allegation of violation but described\nvarious actions it intended to take to correct the violation. Accordingly, I find that Enbridge\nviolated 49 C.F.R. § 192.473(a) by failing to implement a continuing program to minimize the\ndetrimental effects of stray currents.\nItem 2: The Notice alleged that Enbridge violated 49 C.F.R. § 192.745(b), which states:\n§ 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any\nemergency must be inspected and partially operated at intervals not\nexceeding 15 months, but at least once each calendar year.\n(b) Each operator must take prompt remedial action to correct any\nvalve found inoperable, unless the operator designates an alternative\nvalve.\nThe Notice alleged that Enbridge failed to take prompt remedial action to correct two valves at\nthe Kansas City Terminal delivery station that were deemed inoperable during the 2004 and 2005\nvalve inspections. The pipeline safety regulations require operators to correct inoperable valves\npromptly. In response to the Notice, Enbridge did not contest the allegation of violation but\ndescribed its plans to replace both of the specified valves by May 2006. Accordingly, I find that\nEnbridge violated 49 C.F.R. § 192.745(b) by failing to take prompt remedial action to correct\ntwo inoperable transmission line valves.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Enbridge.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1B and 2 in the Notice for\nviolations of 49 C.F.R. § 192.473(a) and 49 C.F.R. § 192.745(b). Under 49 U.S.C. § 60118(a),\neach person who engages in the transportation of gas or who owns or operates a pipeline facility\n\n\n\n3\nis required to comply with the applicable safety standards established under chapter 601.\nThe Director indicates that Enbridge has taken the following actions to address Items 1B and 2.\nWith respect to Notice Item 2, Enbridge replaced the inoperable valves on May 2, 2006, as\nconfirmed by letter dated May 25, 2006. I find that this action complies with the requirements of\nItem 2 of the Proposed Compliance Order and therefore does not need to be included in this\nFinal Order.\nWith respect to Item 1B, Quest has not yet provided the Director with documentation that it has\nfully completed a plan and schedule for determining whether the pipeline is adversely affected\nby stray currents.2 Quest provided a letter to OPS, dated November 18, 2008, acknowledging\nresponsibility for meeting the terms of this compliance order.\nTherefore, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Quest is\nordered to take the following actions as to Item 1B to ensure compliance with the pipeline safety\nregulations applicable to its operations. Quest shall:\n1. Within 30 days following receipt of this Final Order, submit a written plan and schedule\nfor the identification of all foreign pipeline crossings by survey, reviewing the test stations at the\ncrossings to determine their adequacy, installing additional test stations if necessary, and\nassessing each foreign pipeline crossing to determine if the pipeline is adversely affected by stray\ncurrents. To the extent Quest is currently implementing such a plan, include a progress report\nand an estimated completion date.\n2. Submit the plan and evidence of the completed actions to the Director, Central Region,\nPipeline and Hazardous Materials Safety Administration, 901 Locust Street, Room 462, Kansas\nCity, Missouri 64106, when the appropriate actions have been completed.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by Quest demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1A and 1C, 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. §§ 192.605 and 192.739 (Notice Item 1A) ─ Enbridge’s alleged failure\nto document the annual testing of regulators on the primary fuel gas system at the\nPawnee, Oklahoma, compressor station, as required under the O&M Manual; and\n2 As the current operator, it is now Quest’s responsibility to complete the terms of the Compliance Order.\n\n\n\n4\n49 C.F.R. § 192.485(c) (Notice Item 1C) ─ Enbridge’s alleged failure to provide\nwritten documentation each time that the company determines the remaining\nstrength of corroded pipe, as required under the O&M Manual.\nEnbridge presented information in its Response indicating that it had taken certain actions to\naddress the cited warning items. Having considered such information, I find, pursuant to 49\nC.F.R. § 190.205, that probable violations of 49 C.F.R. §§ 192.605 and 192.739 (Notice Item\n1A) and 49 C.F.R. § 192.485(c) (Notice Item 1C) had occurred as of the date of the inspection.\nEnbridge is hereby advised to review and correct such conditions. In the event that OPS finds a\nviolation for any of these items in a subsequent inspection, Enbridge may be subject to future\nenforcement action.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n320061012_Closure Letter_12222011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 22, 2011\nTom A. Saunders\nExecutive Vice President\nPostRock Energy Corporation\n210 Park Avenue\nSuite 2750\nOklahoma City, OK 73102\nCPF 3-2006-1012\nDear Mr. Saunders:\nOn December 9, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Enbridge Energy and Quest Midstream a Final Order in the above-referenced case.\nThis Order included a Compliance Order. Subsequently, PostRock Energy Corporation became\nthe operator of the system. Based on our review of the documentation you provided, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11937}