{"operation":"document","citation":"CPF 42024063NOA","title":"SOUTHERN LNG, INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-11-26","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2605(b), 193.2605(c), 193.2715(b), 193.2903(a), 193.2903(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024063noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024063noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024063noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024063NOA","body":"Notice of Amendment involving SOUTHERN LNG, INC. PHMSA's enforcement data identifies the cited regulations as 193.2605(b),  193.2605(c),  193.2715(b),  193.2903(a),  193.2903(g). The case was opened on 2024-11-26 and is reported as closed as of 2025-01-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024063NOA_Closure Letter_01062025_(24-303953).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024063NOA/42024063NOA_Closure%20Letter_01062025_(24-303953).pdf\n\n42024063NOA_Closure Letter_01062025_(24-303953)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024063NOA/42024063NOA_Closure%20Letter_01062025_(24-303953)_text.pdf\n\n42024063NOA_Notice of Amendment_11262024_(24-303953).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024063NOA/42024063NOA_Notice%20of%20Amendment_11262024_(24-303953).pdf\n\n42024063NOA_Notice of Amendment_11262024_(24-303953)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024063NOA/42024063NOA_Notice%20of%20Amendment_11262024_(24-303953)_text.pdf\n\n42024063NOA_Operator Response to Notice_12132024_(24-303953).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024063NOA/42024063NOA_Operator%20Response%20to%20Notice_12132024_(24-303953).pdf\n\n42024063NOA_Notice of Amendment_11262024_(24-303953)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Kenneth grubb@kindermorgan.com\nNovember 26, 2024\nKenneth Grubb\nChief Operating Officer, Natural Gas Pipelines\nKinder Morgan, Inc.\n1001 Louisiana Street, Suite 1000\nHouston TX, 77002\nCPF 4-2024-063-NOA\nDear Mr. Grubb:\nFrom May 6 to May 10, 2024, of the on-site inspection, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode (U.S.C.) inspected Southern LNG, LLC’s1 (Southern LNG) procedures for operation and\nmaintenance its liquefied natural gas (LNG) facility on Elba Island, Georgia.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nSouthern LNG’s plans or procedures. The items inspected and the inadequacies are described\nbelow:\n1. § 193.2715 Training: security.\n(a) . . . .\n(b) A written plan of continuing instruction must be conducted at\nintervals of not more than 2 years to keep all personnel having security\nduties current on the knowledge and skills they gained in the program\nof initial instruction.\nSouthern LNG’s written plan was inadequate to provide continuing instruction at intervals of not\nmore than 2 years to keep all personnel having security duties current on the knowledge and skills\nthey gained in the program of initial construction in accordance with § 193.2715(b). Specifically,\nSouthern LNG’s procedures, LNG O&M Plan 199: Personnel Qualification (Feb. 1, 2015), and\nLNG O&M Plan 510: Security, Company Facilities (Mar. 1, 2023) failed to include a written plan\n1 Southern LNG is a subsidiary of Kinder Morgan, Inc.\n\n\n\nof continuous instruction to ensure all personnel having security duties were current on the\nrequirements of § 193.2175(a).2\nSouthern LNG’s Personnel Qualification procedure, section 3.4.2 Training: Security, included a\nrestatement of the regulatory language in § 193.2715(b), and its Security, Company Facility\nprocedure, section 4 Training, required personnel with security duties to be trained in accordance\nwith the regulations. However, Southern LNG’s procedures failed to include a written plan for\ncontinuous instruction on the program of initial instruction under § 193.2715(a). Additionally, the\nLNG Training Matrix and Facility Training Workshop records provided by Southern LNG failed\nto include continuous training on all elements in § 193.2715(a)(1)-(5).\nSouthern LNG must revise its procedures to include a written plan for continuous instruction to\nensure all personnel with security duties are current on the knowledge and skills gained during the\nprogram of initial instruction under § 193.2715(a).\n2. § 193.2903 Security procedures.\nEach operator shall prepare and follow one or more manuals of\nwritten procedures to provide security for each LNG plant. The\nprocedures must be available at the plant in accordance with § 193.2017\nand include at least:\n(a) A description and schedule of security inspections and patrols\nperformed in accordance with § 193.2913;\n(b) . . . .\n(c) Liaison with local law enforcement officials to keep them\ninformed about current security procedures under this section.\nSouthern LNG’s manual of written procedures was inadequate to provide security for each LNG\nplant in accordance with § 193.2903. Specifically, Southern LNG’s procedure, LNG Operations\nand Maintenance Plan 510: Security, Company Facilities (Mar. 1, 2023), section 3.3 Security\nMonitoring, failed to include a description and schedule of security inspections and patrols\nperformed in accordance with § 193.2913, and failed to include procedures to liaison with local\nlaw enforcement officials to keep them informed about current security procedures, in accordance\nwith § 193.2903(a) and (c), respectively.\nSouthern LNG must revise its security procedures to include a description and schedule of security\ninspections and patrols performed in accordance with § 193.2913, and procedures to liaison with\nlocal law enforcement officials to keep them informed about current security procedures under §\n193.2903(c).\n2 49 C.F.R. § 193.2715(a) requires initial instruction on recognizing breaches of security; carrying out security\nprocedures under § 193.2903 for individual assigned duties; familiarity with basic plant operations and emergency\nprocedures necessary to carry out assigned duties; and recognizing conditions where security assistance is needed.\n\n\n\n3. § 193.2605 Maintenance procedures.\n(a) . . . .\n(b) Each operator shall follow one or more manuals of written\nprocedures for the maintenance of each component, including any\nrequired corrosion control. The procedures must include:\n(1) . . . .\n(c) Each operator shall include in the manual required by\nparagraph (b) of this section instructions enabling personnel who\nperform operation and maintenance activities to recognize conditions\nthat potentially may be safety-related conditions that are subject to the\nreporting requirements of §191.23 of this subchapter.\nSouthern LNG’s manuals of written procedures for the maintenance of each component were\ninadequate to assure pipeline safety in accordance with § 193.2605(c). Specifically, Southern\nLNG’s procedure, LNG Operations and Maintenance Plan 214: Reporting LNG Facility Safety\nRelated Conditions (Rev. Mar. 1, 2023), failed to provide instructions enabling personnel who\nperform operation and maintenance activities to recognize conditions that potentially may be\nsafety-related conditions that are subject to the reporting requirements of § 191.23.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\n\n\n\nIt is requested (not mandated) that Southern LNG, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2024-063-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Zach Ragain, Director, Codes and Standards, zach_ragain@kindermorgan.com\n\n42024063NOA_Closure Letter_01062025_(24-303953)_text.pdf\n\nVIA ELECTRONIC MAIL TO: kenneth grubb@kindermorgan.com\nJanuary 6, 2025\nKenneth Grubb\nChief Operating Officer\nKinder Morgan, Inc.\n1001 Louisiana Street Suite 1000\nHouston Texas, 77002\nRE: CPF 4-2024-063-NOA\nDear Mr. Grubb:\nFrom May 6 to May 10, 2024, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Southern LNG, LLC’s (Southern LNG) procedures in Elba\nIsland, Georgia. As a result of the inspection, Southern LNG was issued a Notice of Amendment\non November 26, 2024, which proposed amendment of your procedures.\nSouthern LNG submitted its amended procedures on December 13, 2024. My staff has reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Morris Bozard, Manager, Compliance/Codes and Standards, Kinder Morgan, Inc.,\nMorris_Bozard@kindermorgan.com","truncated":false,"body_characters":10751}