CALNEV PIPELINE CO — Notice of Probable Violation

case documentOfficial PDFcpf520045028.pdf#

520045028_final order_03212005_text.pdf, page 1Official PDF"~-25-35 Ali:57 I'cvD u. s. oe portrneot of trartsportotion trtpettne anrt Hasarstarrs trtatertats Safety Artrntnlstratton roc sevron ss~, s. w. wertrrrrrrec, o. c ~ MAR 2 I Zoo'. Mr. Jerry Milhorn Vice President of Operations Kinder Morgan Energy Partners, I. . P, 500 Dallas Street, Suite 1000 Houston, Texas 77002-7002 Re: CPF No, 5-2004-5028 Dear Mr. Milhorn: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation and assesses a civil penalty. I acknowledge receipt of snd accept your wire transfer submitted February 2, 2005 for $25, 000 as payment in full of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of the Finai Order constitutes service of that document under 49 C. F. R. II 190. 5. Sincerely, + /k James Reynolds Pipegne Compliance Registry OQice of Pipeline Safety Enclosure cc: Chris Hoidal, Region Director Western Region, OPS RTIFIED MAII. — RECEIPT RE TED#

520045028_final order_03212005_text.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERLALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of ) Kinder Morgan Energy Partners, L. P. ) ) ) Respondent. ) CPF No. 5-2004-5028 On December 29, 2004, in accordance with 49 C. F. R, ti 190. 207, the Director, Western Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed fmding that Respondent had committed a violation of 49 C. F, R, Part 195 and proposed assessing a civil penalty of $25, 000 for the alleged violation. Respondent responded to the Notice by letter dated February 2, 2005. Respondent did not contest the allegation of violation and provided information concerning the corrective action it has taken. Respondent submitted a wire lxans far in the amount of the proposed civil penalty ($25, 000), waiving further right to respond, and authorizing entry of this Final Order, Pursuant to rt I 90. 209(a)(l) and 49 U. S. C, tj 60122, I find that Respondent violated the following section of 49 C, F. R, Part 195, as more fully described in the Notice: 49 C. F. R. (t 195. 422(a) - failing to use au isolation device approved for the type of hot work being performed, resulting in the failure of an air bag and injury to an employee. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. I assess Respondent a civil penalty of $25, 000, already paid by Res dent. )tiAR 21 7j)0, ", Date Issued St e Ger d Ass ci te Administrator I' or peline Safety#