{"operation":"document","citation":"CPF 420201009","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":"2020-09-30","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201009","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420201009","body":"Notice of Probable Violation involving NATURAL GAS PIPELINE CO OF AMERICA (KMI). PHMSA's enforcement data identifies the cited regulation as 192.805(b). The case was opened on 2020-09-30 and is reported as closed as of 2020-12-09. Proposed civil penalty: $31,400. Assessed civil penalty: $31,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420201009_Final Order_12022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201009/420201009_Final%20Order_12022020.pdf\n\n420201009_Final Order_12022020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201009/420201009_Final%20Order_12022020_text.pdf\n\n420201009_NOPV PCP_09302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201009/420201009_NOPV%20PCP_09302020.pdf\n\n420201009_NOPV PCP_09302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201009/420201009_NOPV%20PCP_09302020_text.pdf\n\n420201009_Operator Response to Notice_10292020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201009/420201009_Operator%20Response%20to%20Notice_10292020.pdf\n\n420201009_Final Order_12022020_text.pdf\n\nDecember 2, 2020\nVIA ELECTRONIC MAIL TO: kenneth grubb@kindermorgan.com\nMr. Kenneth W. Grubb\nChief Operating Officer\nKinder Morgan, Inc.\n1001 Louisiana, Suite 1000\nHouston, Texas 77002\nRe: CPF No. 4-2020-1009\nDear Mr. Grubb:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation against your subsidiary, Natural Gas Pipeline Company of America, LLC, and assesses\na civil penalty of $31,400. When the civil penalty has been paid, this enforcement action will be\nclosed. Service of the Final Order by electronic mail is effective upon the date of transmission as\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Jaime Hernandez, Director, Engineering, Compliance/Codes and Standards, Kinder\nMorgan, Inc., jaime_hernandez@kindermorgan.com\nMs. Jessica Toll, Esq., Assistant General Counsel, Kinder Morgan, Inc.,\njessica_toll@kindermorgan.com.\nCONFIRMATION OF 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 subsidiary of Kinder Morgan, Inc., )\n)\nRespondent. )\n____________________________________________)\n) CPF No. 4-2020-1009\nFINAL ORDER\nOn September 30, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region,\nOffice of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Kinder\nMorgan, Inc., on behalf of Natural Gas Pipeline Company of America, LLC (Respondent). The\nNotice proposed finding that Respondent had violated the pipeline safety regulations in 49\nC.F.R. Part 192 and proposed a civil penalty of $31,400. Respondent did not contest the\nallegations of violation or the proposed civil penalty.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 C.F.R. § 192.805 (Item 1) ─ Respondent failed to ensure through evaluation\nthat personnel were qualified in performing welding inspection tasks.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed a\ncivil penalty amount of $31,400.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.\nThe Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $31,400 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\n\n\n\nCPF No. 4-2020-1009\nPage 2\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nDecember 2, 2020\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5208}