{"operation":"document","citation":"CPF 320121010W","title":"KPC PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-11-27","effective_on":null,"summary":"CLOSED warning letter citing 192.945(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320121010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320121010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320121010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320121010W","body":"Warning Letter involving KPC PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 192.945(a). The case was opened on 2012-11-27 and is reported as closed as of 2012-11-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320121010W_Warning Letter_11272012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320121010W/320121010W_Warning%20Letter_11272012.pdf\n\n320121010W_Warning Letter_11272012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320121010W/320121010W_Warning%20Letter_11272012_text.pdf\n\n320121010W_Warning Letter_11272012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 27, 2012\nMr. Joe Fowler\nVice President, Operations\nKPC Pipeline, LLC\n19970 161st Street\nOlathe, KS 66062\nCPF 3-2012-1010W\nDear Mr. Fowler:\nOn December 8-10, 2010, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) and the Kansas Corporation Commission (KCC) pursuant to Chapter\n601 of 49 United States Code inspected the PostRock KPC Pipeline, LLC (PostRock)gas\ntransmission integrity management program in Olathe, Kansas. On September 28, 2012, MV\nPipelines, LLC purchased the entire pipeline system and renamed the company KPC Pipeline,\nLLC (KPC).\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §192.945 What methods must an operator use to measure program effectiveness?\n(a) General. An operator must include in its integrity management program\nmethods to measure whether the program is effective in assessing and evaluating the\nintegrity of each covered pipeline segment and in protecting the high consequence\n\n\n\nareas. These measures must include the four overall performance measures\nspecified in ASME/ANSI B31.8S (incorporated by reference, see § 192.7 of this\npart), section 9.4, and the specific measures for each identified threat specified in\nASME/ANSI B31.8S, Appendix A. An operator must submit these measures, by\nelectronic or other means, on a semi-annual frequency to OPS in accordance with\n§192.51.\nPostRock was not measuring the threat-specific metrics semi-annually as required. In addition,\nthe semi-annual report of the four overall performance measures to OPS for the period ending\nDecember 31, 2009, contained erroneous information that required correction and the semi-\nannual report of the four overall performance measures to OPS for the period ending June 30,\n2010, was not submitted on a timely basis. KPC should ensure that in the future, the four overall\nperformance measures be accurately reported as a part of its annual report as now required.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in KPC Pipeline, 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 3-2012-1010W. 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,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4127}