{"operation":"document","citation":"CPF 520045013","title":"COLORADO INTERSTATE GAS CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-04-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520045013","body":"Notice of Probable Violation involving COLORADO INTERSTATE GAS CO. PHMSA's enforcement data identifies the cited regulation as 195.452(a)(1). The case was opened on 2004-04-06 and is reported as closed as of 2007-02-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520045013_final order_02062007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520045013/520045013_final%20order_02062007.pdf\n\nCPF_5-2004-5013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520045013/CPF_5-2004-5013.pdf\n\n520045013_final order_02062007.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nMr. Tom Morgan\nVice President of Operations\nEl Paso/Colorado Interstate Gas\n2 North Nevada Avenue\nColorado Springs, CO 80944\nRe: CPF No. 5-2004-50 13\nDear Mr. Morgan:\nEnclosed is the Final Order issued by the Acting Associate Administrator for Pipeline Safety\nin the above-referenced case. It makes findings of violation and finds that you have completed\nthe actions specified in the Notice required to comply with the pipeline safety regulations. This\ncase is now closed. Your receipt of the Final Order constitutes service of that document under\n49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nPHMSA-Office of Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, P.E., Director, Western Region, PHMSA\nMr. Paul Lopez, Supervisor, El Paso Corporation, DOT Compliance Services, Western\nPipeline Group\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nEl Paso/Colorado Interstate Gas\nRespondent\n1 CPF NO. 5-2004-5013\n1\n1\n1\n1\n1\nFINAL ORDER\nOn January 20,2004, pursuant to 49 U.S.C. 4 601 17, a representative of the Pipeline and\nHazardous Materials Safety Administration's (PHMSA'S)' Office of Pipeline Safety conducted\nan on-site pipeline safety inspection of Respondent's Integrity Management Program (IMP) and\nrecords in Colorado Springs, Colorado. As a result of the inspection, the Director, Western\nRegion, PHMSA issued to Respondent, by letter dated April 6,2004, a Notice of Probable\nViolation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 4 190.207,\nthe Notice proposed finding that Respondent had violated 49 C.F.R. Part 195 and proposed that\nRespondent take certain measures to correct the alleged violation.\nRespondent responded to the Notice (Response) by letter dated May 7,2004 and supplemented\nby an August 31,2004 correspondence that included an August 2004 documented study.\nRespondent offered information to explain the allegations and described the corrective measures\nit has taken with respect to the Notice. Respondent did not request a hearing, and therefore has\nwaived its right to one.\nFINDINGS OF VIOLATION\nItem 1(A-B), as more fully described in the Notice, alleged Respondent violated 49 C.F.R.\n195.452(a)(l) by:\n(A) failing to perform its own study utilizing its own data for the air dispersion model to\ndetermine \"could affect\" segments on its pipeline system; and\n' Effective February 20,2005, the Pipeline and Hazardous Materials Safety Administration (PHMSA) succeeded\nResearch and Special Programs Administration as the agency responsible for regulating safety in pipeline\ntransportation and hazardous materials transportation. &e, section 108 of the Norman Y. Mineta Research and\nSpecial Programs Improvement Act (Public Law 108-426, 118 Stat. 2423-2429 (November 30, 2004)). See also, 70\nFed. Reg. 8299 (February 18, 2005) redelegating the pipeline safety authorities and functions to the PHMSA\nAdministrator.\n\n\n\n(B) utilizing a sister company's air dispersion analysis and determining that there was an\nintersection between its buffer and an \"other populated area\" (OPA). Respondent\ndetermined that there was not any \"affect\" by stipulating that there was not an area of\n\"concentrated population.\" Respondent's assertion could not be supported. According to\nthe Notice, Respondent must fully determine if there is an intersection of the buffer zones\nand the OPA boundary; and if there is an intersection with the OPA, then that pipeline\nsegment is a \"could affect\" segment.\nRespondent elected to submit a written explanation in answer to the Notice and elected to\nconduct a study to determine the \"could affect\" areas in accordance with the criteria set forth in\nItem 1 of the Proposed Compliance Order.\nIn addition to submitting the August 2004 study in its Response, Respondent asserted that the\nOPA designation was incorrect. However, Respondent could not provide sufficient evidence to\nWestern Region, PHMSA that would support its assertion.\nAccordingly, I find that Respondent violated 49 C.F.R. 5 195.452(a)(l) as alleged in the Notice.\nThis finding of violation will be considered a prior offense in any subsequent action taken\nagainst Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1(A-B) in the Notice. Under\n49 U.S.C. 5 60 1 18(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. With respect to Item 1(A-B), Respondent's Response included\nits August 31, 2004 submission that contained the August 2004 study and its associated costs.\nThe Regional Director has reviewed the Response and has determined that the Response\naddresses the proposed compliance actions. Accordingly, since compliance has been achieved\nwith respect to the violation, it is not necessary to include the compliance terms in this order.\nThe terms and conditions of this Final Order are effective on receipt.\nDate Issued\nXI/\\ ~ c t i M Associate Administrator\nu for Pipeline Safety","truncated":false,"body_characters":5919}