{"operation":"document","citation":"CPF 420131013","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":"2013-06-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.167(a)(1), 192.605(a), 192.731(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420131013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420131013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420131013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420131013","body":"Notice of Probable Violation involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192.167(a)(1),  192.605(a),  192.731(c). The case was opened on 2013-06-05 and is reported as closed as of 2013-12-20. Proposed civil penalty: $235,600. Assessed civil penalty: $235,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420131013_Final Order_12202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_Final%20Order_12202013.pdf\n\n420131013_Final Order_12202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_Final%20Order_12202013_text.pdf\n\n420131013_NOPV PCP_06052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_NOPV%20PCP_06052013.pdf\n\n420131013_NOPV PCP_06052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_NOPV%20PCP_06052013_text.pdf\n\n420131013_Final Order_12202013_text.pdf\n\nDECEMBER 20, 2013\nMr. Stanley C. Horton\nChief Executive Officer\nGulf South Pipeline Company, LP\n9 Greenway Plaza, Suite 2800\nHouston, Texas 77046\nRe: CPF No. 4-2013-1013\nDear Mr. Horton:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $235,600, which amount has already been paid by wire\ntransfer dated July 25, 2013. Therefore, this enforcement action is now closed. Service of the\nFinal Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Rodrick M. Seeley, Director, Southwest Region, OPS\nMr. Richard Keyser, Senior Vice President, Operations, Gulf South Pipeline Company, LP\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)\nGulf South Pipeline Company, LP, ) CPF No. 4-2013-1013\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn February 16, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninvestigated a natural gas release that occurred at Gulf South Pipeline Company, LP’s Carthage\nJunction Compressor Station in Carthage, Texas. The incident occurred on February 14, 2011.\nGulf South Pipeline, LP (Gulf South or Respondent) owns and operates approximately 7,360\nmiles of natural gas pipelines across Louisiana, Texas, Mississippi, and Alabama.1\nAs a result of the investigation, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated June 5, 2013, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Gulf\nSouth had violated 49 C.F.R. §§ 192.167(a) and 192.605(a) and proposed assessing a civil\npenalty of $235,600 for the alleged violations.\nGulf South responded to the Notice by letter dated July 24, 2013 (Response). The company did\nnot contest the allegations of violation and paid the proposed civil penalty of $235,600, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to authorize PHMSA to make\nfindings of violation and to issue this Final Order.\nFINDINGS OF VIOLATION\nIn its Response, Gulf South did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a), which states in\nrelevant part:\n1 See Pipeline Safety Violation Report (Violation Report), (June 5, 2013) (on file with PHMSA), at 1.\n\n\n\n2\n§ 192.167 Compressor stations: Emergency shutdown.\n(a) Except for unattended field compressor stations of 1,000\nhorsepower (746 kilowatts) or less, each compressor station must have an\nemergency shutdown system that meets the following:\n(1) It must be able to block gas out of the station and blow down\nthe station piping . . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(1) by failing to have an\nemergency shutdown (ESD) system to block gas out of the station and blow down the station\npiping. Specifically, the Notice alleged that during the February 14, 2011 incident at Carthage\nJunction, the ESD system was activated but did not isolate the station and blow down the station\npiping. Instead, gas continued to fuel the fire after the ESD system was activated.\nIn its Response, Gulf South did not contest the allegations and paid the proposed civil penalty.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.167(a)(1) by failing to have an EDS system to block gas out of the station and\nblow down the station piping.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in\nrelevant part:\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. . . .\nThe Notice also referenced a related regulation dealing with the inspection and testing of relief\ndevices at compressor stations:\n§ 192.731 Compressor stations: Inspection and testing of relief devices.\n(a) . . .\n(c) Each remote control shutdown device must be inspected and\ntested at intervals not exceeding 15 months, but at least once each calendar\nyear, to determine that it functions properly.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow Gulf\nSouth’s own written procedures for conducting annual inspections of the ESD system at the\nCarthage Junction Compressor Station. Specifically, Gulf South failed to follow Step 12 of its\nprocedure for emergency shutdown (WI-12501). The procedure required Gulf South to\ndocument deficiencies discovered during the annual inspections conducted under § 192.731(c).\nThe record shows that Gulf South had deficiencies with its ESD system at the Carthage Junction\nstation insofar as it was not configured properly to block out gas.\nIn addition, Gulf South acknowledged that it did not conduct inspections annually under\n§ 192.731(c). As stated in a letter to PHMSA dated November 15, 2011, the company\n\n\n\n3\nindicated it had completed construction of the compressor station in 2008 and conducted an\ninspection that year but not in 2009.2\nIn its Response, Gulf South did not contest the allegations and paid the proposed civil penalty.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.605(a) by failing to follow its own written procedures for conducting annual\ninspections of its ESD systems.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s\nability to pay the penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline safety\nregulations. In addition, I may consider the economic benefit gained from the violation without\nany reduction because of subsequent damages, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $235,600 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $112,500 for Respondent’s violation of\n49 C.F.R. § 192.167(a)(1), for failing to have an ESD system that could block gas out of the\ncompressor station and blow down the station piping. Gulf South did not contest the proposed\ncivil penalty amount. Accordingly, having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $112,500 for violation of 49 C.F.R.\n§ 192.167(a)(1), which amount has already been remitted.\nItem 2: The Notice proposed a civil penalty of $123,100 for Respondent’s violation of\n49 C.F.R. § 192.605(a), for failing to follow its own written procedures for conducting annual\ninspections of the ESD system. Gulf South did not contest the proposed civil penalty amount.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $123,100 for violation of 49 C.F.R. § 192.605(a), which amount\nhas already been remitted.\nIn summary, having reviewed the record and considered the assessment criteria for the Items\ncited above, I assess Respondent a total civil penalty of $235,600, which has been paid in full.\n2 See Pipeline Safety Violation Report, Exhibit A.\n\n\n\n4\nThe terms and conditions of this Final Order [CPF No. 4-2013-1013] are effective upon service\nin accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9669}