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

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 192.167(a)(1), 192.605(a), 192.731(c).
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- **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.

Official case documents:

420131013_Final Order_12202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_Final%20Order_12202013.pdf

420131013_Final Order_12202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_Final%20Order_12202013_text.pdf

420131013_NOPV PCP_06052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_NOPV%20PCP_06052013.pdf

420131013_NOPV PCP_06052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420131013/420131013_NOPV%20PCP_06052013_text.pdf

420131013_Final Order_12202013_text.pdf

DECEMBER 20, 2013
Mr. Stanley C. Horton
Chief Executive Officer
Gulf South Pipeline Company, LP
9 Greenway Plaza, Suite 2800
Houston, Texas 77046
Re: CPF No. 4-2013-1013
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 $235,600, which amount has already been paid by wire
transfer dated July 25, 2013. Therefore, 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. Rodrick M. Seeley, Director, Southwest Region, OPS
Mr. Richard Keyser, Senior Vice President, Operations, Gulf South Pipeline Company, LP
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. 4-2013-1013
)
Respondent. )
____________________________________)
FINAL ORDER
On February 16, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
investigated a natural gas release that occurred at Gulf South Pipeline Company, LP’s Carthage
Junction Compressor Station in Carthage, Texas. The incident occurred on February 14, 2011.
Gulf South Pipeline, LP (Gulf South or Respondent) owns and operates approximately 7,360
miles of natural gas pipelines across Louisiana, Texas, Mississippi, and Alabama.1
As a result of the investigation, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated June 5, 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. §§ 192.167(a) and 192.605(a) and proposed assessing a civil
penalty of $235,600 for the alleged violations.
Gulf South responded to the Notice by letter dated July 24, 2013 (Response). The company did
not contest the allegations of violation and paid the proposed civil penalty of $235,600, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to authorize PHMSA to make
findings of violation and to issue this Final Order.
FINDINGS OF VIOLATION
In its Response, Gulf South did not contest the allegations in the Notice that it violated 49 C.F.R.
Part 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a), which states in
relevant part:
1 See Pipeline Safety Violation Report (Violation Report), (June 5, 2013) (on file with PHMSA), at 1.



2
§ 192.167 Compressor stations: Emergency shutdown.
(a) Except for unattended field compressor stations of 1,000
horsepower (746 kilowatts) or less, each compressor station must have an
emergency shutdown system that meets the following:
(1) It must be able to block gas out of the station and blow down
the station piping . . . .
The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(1) by failing to have an
emergency shutdown (ESD) system to block gas out of the station and blow down the station
piping. Specifically, the Notice alleged that during the February 14, 2011 incident at Carthage
Junction, the ESD system was activated but did not isolate the station and blow down the station
piping. Instead, gas continued to fuel the fire after the ESD system was activated.
In its Response, Gulf South did not contest the allegations and paid the proposed civil penalty.
Accordingly, based upon a review of all of the evidence, I find that Respondent violated
49 C.F.R. § 192.167(a)(1) by failing to have an EDS system to block gas out of the station and
blow down the station piping.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states, in
relevant part:
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each
pipeline, a manual of written procedures for conducting operations and
maintenance activities and for emergency response. . . .
The Notice also referenced a related regulation dealing with the inspection and testing of relief
devices at compressor stations:
§ 192.731 Compressor stations: Inspection and testing of relief devices.
(a) . . .
(c) Each remote control shutdown device must be inspected and
tested at intervals not exceeding 15 months, but at least once each calendar
year, to determine that it functions properly.
The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow Gulf
South’s own written procedures for conducting annual inspections of the ESD system at the
Carthage Junction Compressor Station. Specifically, Gulf South failed to follow Step 12 of its
procedure for emergency shutdown (WI-12501). The procedure required Gulf South to
document deficiencies discovered during the annual inspections conducted under § 192.731(c).
The record shows that Gulf South had deficiencies with its ESD system at the Carthage Junction
station insofar as it was not configured properly to block out gas.
In addition, Gulf South acknowledged that it did not conduct inspections annually under
§ 192.731(c). As stated in a letter to PHMSA dated November 15, 2011, the company



3
indicated it had completed construction of the compressor station in 2008 and conducted an
inspection that year but not in 2009.2
In its Response, Gulf South did not contest the allegations and paid the proposed civil penalty.
Accordingly, based upon a review of all of the evidence, I find that Respondent violated
49 C.F.R. § 192.605(a) by failing to follow its own written procedures for conducting annual
inspections of its ESD systems.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 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; the Respondent’s
ability to pay the penalty 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 $235,600 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $112,500 for Respondent’s violation of
49 C.F.R. § 192.167(a)(1), for failing to have an ESD system that could block gas out of the
compressor station and blow down the station piping. Gulf South did not contest the proposed
civil penalty amount. Accordingly, having reviewed the record and considered the assessment
criteria, I assess Respondent a civil penalty of $112,500 for violation of 49 C.F.R.
§ 192.167(a)(1), which amount has already been remitted.
Item 2: The Notice proposed a civil penalty of $123,100 for Respondent’s violation of
49 C.F.R. § 192.605(a), for failing to follow its own written procedures for conducting annual
inspections of the ESD system. Gulf South did not contest the proposed civil penalty amount.
Accordingly, having reviewed the record and considered the assessment criteria, I assess
Respondent a civil penalty of $123,100 for violation of 49 C.F.R. § 192.605(a), which amount
has already been remitted.
In summary, having reviewed the record and considered the assessment criteria for the Items
cited above, I assess Respondent a total civil penalty of $235,600, which has been paid in full.
2 See Pipeline Safety Violation Report, Exhibit A.



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The terms and conditions of this Final Order [CPF No. 4-2013-1013] 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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