{"operation":"document","citation":"CPF 420181005","title":"NATURAL GAS PIPELINE CO OF AMERICA (KMI) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-04-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.479(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420181005","body":"Notice of Probable Violation involving NATURAL GAS PIPELINE CO OF AMERICA (KMI). PHMSA's enforcement data identifies the cited regulation as 192.479(a). The case was opened on 2018-04-25 and is reported as closed as of 2018-11-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420181005_Closure Letter_11302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_Closure%20Letter_11302018.pdf\n\n420181005_Closure Letter_11302018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_Closure%20Letter_11302018_text.pdf\n\n420181005_Final Order_09242018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_Final%20Order_09242018.pdf\n\n420181005_Final Order_09242018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_Final%20Order_09242018_text.pdf\n\n420181005_NOPV PCO_04252018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_NOPV%20PCO_04252018.pdf\n\n420181005_NOPV PCO_04252018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_NOPV%20PCO_04252018_text.pdf\n\n420181005_Operator Response to Notice_05102018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181005/420181005_Operator%20Response%20to%20Notice_05102018.pdf\n\n420181005_Closure Letter_11302018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 30, 2018\nMr. Gary Buchler\nVice President, Operations and Engineering\nNatural Gas Pipeline Company of America\n1001 Louisiana Street, STE 1000\nHouston, Texas 77002\nCPF 4-2018-1005\nDear Mr. Buchler:\nOn September 24, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Natural Gas Pipeline Company of America (NGPL), a Final Order in the above-\nreferenced case. This Order included a Compliance Order. PHMSA office received NGPL’s\nresponse of the Compliance Order on November 07, 2018. Based on our review of the\ndocumentation you provided, it has been determined that you have complied with the terms of this\norder.\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,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nOffice of Pipeline and Hazardous Materials Safety Administration\n\n420181005_Final Order_09242018_text.pdf\n\nSeptember 24, 2018\nMr. Steven J. Kean\nPresident and Chief Executive Officer\nKinder Morgan, Inc.\n1001 Louisiana Street\nHouston, TX 77002\nRe: CPF No. 4-2018-1005\nDear Mr. Kean:\nEnclosed please find the Final Order issued in the above-referenced case to Natural Gas Pipeline\nCompany of America, LLC (NGPL), a joint venture of Kinder Morgan, Inc., and Brookfield\nInfrastructure Partners LP, that is operated by Kinder Morgan. It makes one finding of violation\nand specifies actions that need to be taken by NGPL to comply with the pipeline safety\nregulations. When the terms of the compliance order have been completed, as determined by the\nDirector, Southwest Region, this enforcement action will be closed. Service of the Final Order\nby certified mail is effective as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Kenneth W. Grubb, Chief Operating Officer Gas Pipelines, Kinder Morgan, Inc.\nMr. Samuel P. S. Pollock, Chief Executive Officer, Brookfield Infrastructure Partners, Ltd.,\nSuite 300, 181 Bay Street, Toronto, Ontario, Canada\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____________________________________________\nIn the Matter of )\n)\n)\nNatural Gas Pipeline Company of America, LLC, a joint venture of Kinder Morgan, Inc., and )\nBrookfield Infrastructure Partners, LP, )\n)\nRespondent. )\n____________________________________________)\n) CPF No. 4-2018-1005\nFINAL ORDER\nOn multiple dates between September 19, 2017, and February 7, 2018, pursuant to 49 U.S.C.\n§ 60117, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of\nthe facilities and records of Natural Gas Pipeline Company of America, LLC (NGPL or\nRespondent), in Texas, Arkansas, and Louisiana. The system consists of approximately 2,809\nmiles of interstate gas transmission pipelines that extend from Texas to Arkansas, with branches\nin Oklahoma and Louisiana.1 NGPL is jointly owned by Kinder Morgan, Inc. (Kinder Morgan),\nand Brookfield Infrastructure Partners LP, and operated by Kinder Morgan.2\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 25, 2018, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that NGPL had violated 49 C.F.R. § 192.479(a), and proposed ordering Respondent to\ntake certain measures to correct the alleged violation.\nNGPL responded to the Notice by letter dated May 10, 2018 (Response). The company did not\ncontest the allegation of violation and agreed to complete the proposed compliance actions.\nRespondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, NGPL did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\n1 Pipeline Safety Violation Report (Violation Report), (April 20, 2018) (on file with PHMSA), at 1.\n2 NGPL website, available at\nhttps://www.kindermorgan.com/pages/business/gas pipelines/central/NGPL/default.aspx (last accessed July 12,\n2018).\n\n\n\nCPF No. 4-2018-1005\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.479(a), which states:\n§ 192.479 Atmospheric corrosion control: General.\n(a) Each operator must clean and coat each pipeline or portions of\npipeline that is exposed to the atmosphere, except pipelines under paragraph\n(c) of this section.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.479(a) by failing to clean and coat\neach pipeline or portions of pipeline that is exposed to the atmosphere. Specifically, the Notice\nalleged that NGPL failed to clean or coat certain pipe segments in 2014, 2015, and 2016. NGPL\nprovided PHMSA with photographs dated May 2017, indicating atmospheric corrosion\nconditions at the following locations:\n Division 05, Louisiana Mainline #1 - 30\"\no Milepost: 4649+85, Texaco High Island side tap BMT-235. Launch at\nCentanna Site off Highway 87 (Gar 018)\no Milepost: 4728+55, Mainline Valve L-5W (Gar 019)\n Division 05, Louisiana Mainline #2 - 30\"\no Milepost: 4259+02, Cross-over West Side Intracoastal Canal (Gar 092)\no Milepost: 4649+61, Mobil High Island Side Tap BMT-235.\nThese segments were marked “poor” in the company’s Atmospheric Inspection Records.\nThe Notice alleged that NGPL's own written procedures set forth requirements for the inspection\nand remediation of atmospheric corrosion. Specifically, it alleged that Kinder Morgan’s O&M\nProcedure 918, Inspecting for Atmospheric Corrosion, Section 3.3, Remedial Repairs, stated:\nIf corrosion is found on the surface of pressure piping, refer to O&M\nProcedure 915 - Maximum Corrosion Limits and MAOP of Corroded Pipe\nto determine if piping should be repaired, replaced, or recoated. Corrosion\non bolt heads, nuts and threads that could compromise their integrity, must\nbe evaluated to determine if the bolts and nuts should be replaced or\nrecoated. Complete all required recoating prior to the next required\ninspection.\nAccording to the Notice, when PHMSA questioned NGPL about the repair status of these\nsegments, the operator stated remediation of the facilities was scheduled in 2016, 2017, and\nagain in 2018 to address the atmospheric corrosion. However, remediation had not been\nperformed at the time of the PHMSA inspection. The PHMSA inspector verified with the\noperator that no action had been taken as of February 2018 to stop active corrosion and metal\nloss on the identified segment.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.479(a) by failing to clean and\ncoat each pipeline or portions of pipeline that is exposed to the atmosphere.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nCPF No. 4-2018-1005\nPage 3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 192.479(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.479(a) (Item 1), Respondent must perform\nremedial repairs on the above-ground segments on Louisiana Mainline #1 and #2\ndetermined to be in poor condition in accordance with 49 CFR Part 192 and NGPL\nprocedures, specifically, Kinder Morgan’s O&M Procedure 918, Section 3.3; and\n2. Complete Compliance Order Item 1 within 45 days following receipt of the Final\nOrder.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay. The\nterms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nSeptember 24, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11583}