# GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 420131011
- **title:** GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-05-20
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.933(d).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-420131011.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420131011.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420131011
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420131011
**body:**

Notice of Probable Violation involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.933(d). The case was opened on 2013-05-20 and is reported as closed as of 2013-07-26. Proposed civil penalty: $16,200. Assessed civil penalty: $16,200. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

420131011_Final Order_07262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131011/420131011_Final%20Order_07262013.pdf

420131011_Final Order_07262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131011/420131011_Final%20Order_07262013_text.pdf

420131011_NOPV  PCP_05202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131011/420131011_NOPV%20%20PCP_05202013.pdf

420131011_NOPV  PCP_05202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131011/420131011_NOPV%20%20PCP_05202013_text.pdf

420131011_Operator_Response_Notice_06102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131011/420131011_Operator_Response_Notice_06102013.pdf

420131011_Final Order_07262013_text.pdf

JULY 26, 2013
Mr. Stanley C. Horton
President, Chief Executive Officer and Director
Gulf South Pipeline Company, LP
9 Greenway Plaza, Suite 2800
Houston TX 77046
Re: CPF No. 4-2013-1011
Dear Mr. Horton:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $16,200. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated June 7, 2013. This enforcement action is now
closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. R.M. Seeley, Regional Director for Southwest Region, OPS
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Gulf South Pipeline Company, LP ) CPF No. 4-2013-1011
)
Respondent. )
____________________________________)
FINAL ORDER
During the dates of October 15-27, 2012, pursuant to 49 U.S.C. § 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an inspection of the Integrity Management Program for Gulf South Pipeline
Company, LP (Gulf South or Respondent) in Owensboro, Kentucky. Gulf South is an interstate
natural gas transmission company which owns and operates an integrated natural gas pipeline
and storage system located along the Gulf Coast in the states of Texas, Louisiana, Mississippi,
Alabama and Florida.1 As of December 31, 2012, its pipeline transmission system had a peak
day delivery capacity of approximately 6.8 billion cubic feet (Bcf) per day and consisted of
approximately 7,240 miles of pipeline and two natural gas storage facilities.2
As a result of the inspection, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated May 20, 2013, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Gulf
South had violated 49 C.F.R. § 192.933(d) and proposed assessing a civil penalty of $16,200 for
the alleged violation.
Gulf South responded to the Notice by letter dated June 10, 2013 (Response). The company did
not contest the allegations of violation and paid the proposed civil penalty of $16,200, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent.
FINDING OF VIOLATION
In its Response, Gulf South did not contest the allegations in the Notice that it violated 49 C.F.R.
Part 192.933, as follows:
1 See http://www.gulfsouthpl.com/AboutUsGS.aspx, (last accessed on July 18, 2013).
2 Id.



2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.933(d), which states in
relevant part:
§ 192.933(d) What actions must be taken to address integrity issues.
(d) Special requirements for scheduling remediation –
(1) Immediate repair conditions. An operator’s evaluation and
remediation schedule must follow ASME/ANSI B31.8S, section 7 in
providing for immediate repair conditions. To maintain safety, an
operator must temporarily reduce operating pressure in accordance with
paragraph (a) of this section or shut down the pipeline until the operator
completes the repair of these conditions. An operator must treat the
following conditions as immediate repair conditions:
(i) A calculation of the remaining strength of the pipe shows a
predicted failure pressure less than or equal to 1.1 times the maximum
allowable operating pressure at the location of the anomaly. Suitable
remaining strength calculation methods include, ASME/ANSI B31G;
RSTRENG; or an alternative equivalent method of remaining strength
calculation. These documents are incorporated by reference and available
at the addresses listed in appendix A to part 192.
(ii) A dent that has any indication of metal loss, cracking or a stress
riser.
(iii) An indication or anomaly that in the judgment of the person
designated by the operator to evaluate the assessment results requires
immediate action.
The Notice alleged that Respondent violated 49 C.F.R. § 192.933(d) by failing to immediately
repair two anomalies having an indication of metal loss. Specifically, the Notice alleges that
Gulf South conducted two In Line Inspections assessments of its pipeline, located at HCA 600
and HCA 1082. Reports from the assessments were provided to Gulf South on July 8, 2009, and
June 27, 2011, respectively. Each report identified an anomaly described as a “deformation… w/
Possible Metal Loss,” which meets the definition of an immediate repair condition per
§192.933(d)(1)(ii). Gulf South’s integrity manager improperly reclassified both anomalies as
“not immediate repair conditions.” Ultimately, the repairs for the HCA 600 anomaly were
completed March 3, 2010, and the HCA 1082 anomaly was repaired on July 21, 2011. Again,
pursuant to §192.933(d), the repairs should have been made immediately after they were
identified.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.933(d) by failing to immediately
repair two anomalies identified to have metal loss.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



3
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations. In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a total
civil penalty of $16,200 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $16,200 for Respondent’s violation of 49 C.F.R.
§ 192.933(d), for failing to immediately repair two anomalies with an indication of metal loss.
Gulf South paid the proposed penalty, which serves to close this Item with prejudice and
authorizes PHMSA to make a finding of violation. Accordingly, I assess Respondent a civil
penalty of $16,200 for violation of 49 C.F.R. § 192.933(d).
In summary, having reviewed the record and considered the assessment criteria for the Item cited
above, I assess Respondent a total civil penalty of $16,200, which has been paid in full.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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