{"operation":"document","citation":"CPF 520045037H","title":"CALNEV PIPELINE CO — Corrective Action Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-11-24","effective_on":null,"summary":"CLOSED corrective action order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045037h.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045037h.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045037h","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520045037H","body":"Corrective Action Order involving CALNEV PIPELINE CO. The dataset does not identify a cited regulation for this case. The case was opened on 2004-11-24 and is reported as closed as of 2007-07-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520045037H_corrective action order_11242004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520045037H/520045037H_corrective%20action%20order_11242004.pdf\n\n520045037h_corrective action order_11242004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520045037H/520045037h_corrective%20action%20order_11242004_text.pdf\n\n520045037h_corrective action order_11242004_text.pdf\n\n11 — 24 — 04, 6 17PM, 202 366 704 I ¹ 2/ 6\nU5. Department\nof Transportahon\nResearch and\nSpecial Programs\nAdministration\n400 Seventh Street, S W\nWashington D C 20590\n~0V &4~\nMr. Michael C. Morgan\nPresident\nKinder Morgan Energy Partners, L. P.\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nRe: CPF No. 5-2004-5037-H\nDear Mr. Morgan:\nEnclosed is a Corrective Action Order issued by the Associate Administrator for Pipeline\nSafety in the above-referenced case. It requires you to take certain corrective actions with respect\nto your CalNev 14-mch products pipeline. Service is being made by certified mail and facsimile.\nYour receipt of this Corrective Action Order constitutes service of that document under 49 C F. R.\n( 190 5. The terms and conditions of this Corrective Action Order are effective upon receipt.\nSincerely,\n~James Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc. Mr. Jerry Milhorn, Vice President, Operations\nMr. Thomas A. Bannigan, President, Products Pipelines\nVIA CERTIFIED MAIL TURN RECEIPT RE VESTED AND TELECOPY\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\n)\n)\nKinder Morgan Energy Partners, L. P.\n, )\n)\nRespondent.\n)\nCPF No. 5-2004-5037-H\nCORRECTIVE ACTION ORDER\nPur ose and Back round\nThis Corrective Action Order is being issued, under authority of 49 U. S. C. f 60112, to require\nIQnder Morgan Energy Partners, LP. (Respondent) to take the necessary corrective action to protect\nthe public, property, and the environment &om potential hazards associated with a failure involving\nRespondent's 14-inch hazardous liquid pipeline used to transport product from Colton, CA, to Las\nVegas, Nevada.\nQn or about November 21, 2004, a failure occurred on Respondent's 14-inch products line near\nInterstate 15 in San Bernardino County, CA resulting in the release of gasoline. Pursuant to 49\nU. S. C. $ 60117, the Western Region, Once of Pipeline Safety (OPS) initiated an investigation of\nthe incident. The California State Fire Marshal, which, as an interstate agent for QPS, inspects the\nhne for compliance with pipeline safety regulations, is participating in the investigation.\nPreliminar Findin s\nQn or about November 21, 2004, Respondent's 14-inch Colton-Las Vegas products pipeline\nexperienced a failure in San Bernardino County, CA resulting in the release of an unknown\nquantity of gasoline near Baker, California.\nRespondent's technician smelled gasoline at approximately 10:30 p. m. on November 21 at\nZzyzx Road and Interstate 15 and reported the smell to the control center. Respondent shut\ndown both the 14-inch line and the parallel 8-inch jet fuel line immediately. The SCADA\nsystem did not immediately detect the failure and the Respondent's line rider visually confirmed\nit the following morning at approximately 6:24 a. m on November 22. Respondent has\nreported the release to the National Response Center.\n\n\n\n1 1 — 24 — 04, 5 17PM,\nNo fires, injuries, or fatalities were reported in connection with the incident. However,\nInterstate 15 between Baker and Barstow, CA, was closed on the morning of November 22\nbecause of the gasoline vapors. Interstate 15 is the main highway route to Las Vegas, Nevada.\nRespondent's Colton-Las Vegas 14-inch line transports refined petroleum products including\ngasoline. Portions of the pipeline are near or cross highways.\nThe cause of the failure has not yet been determined. However initial visual examination\nindicates possible past third party damage. Fiber optic cable was installed by at least three\ncompanies along approximately 50 per cent of the line during the 1980's.\nRespondent has removed and transported the section of pipe containing the leak origin to a\nmetallurgist for detailed analysis. Both the California State Fire Marshal and California's Fish\nand Game agency concurred in the process of transmittal to the metallurgist.\nThe segment of the line that failed was installed in 1973 and is constructed of 14-inch nominal\ndiameter, 0. 312-inch wall thickness, X-52 grade, electric resistance welded pipe. The line has\nPolyken 980 tape coating and is cathodically protected by impressed current.\nThe maxiinum operating pressure (MOP) of the Barstow-Baker segment was established by\nhydrotest in 1973.\nRespondent performed internal mspections on the Barstow-Baker 14-inch line in 1998 and\nagain in 2004. At this stage of the investigation, OPS does not have any information mdicating\na causal factor other than third party damage or the results of the internal inspections.\nDetermination of Necessi for Corrective Action Order and Ri ht to Hearin\nSection 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action\nOrder, after reasonable notice and the opportunity for a hearing, requiring corrective action, which\nmay mclude the suspended or restricted use of a pipeline facility, physical inspection, testing, repair,\nreplacement, or other action as appropriate. The basis for making the determination that a pipeline\nfacility is hazardous, requiring corrective action, is set forth both in the above-referenced statute and\n49 C. F. R. $190. 233, a copy of which is enclosed.\nSection 60112, and the regulations promulgated thereunder, provides for the issuance of a Corrective\nAction Order without prior opportunity for notice and hearing upon a finding that failure to issue the\nOrder expeditiously will result in likely serious harm to life, property or the environment. In such\ncases, an opportunity for a hearing will be provided as soon as practicable aAer the issuance of the\nOrder.\nAfter evaluating the foregoing preliminary endings of fact, I find that the continued operation of\nRespondent's 14-inch hazardous liquid pipeline without corrective ineasures would be hazardous .\nto life, property and the environment. Additionally, after considering the age of the pipe, the\nproximity of the pipeline to highways and other sources of ignition and population, the flammable\n\n\n\nZDZ 666 ~D41 ¹ 5l 6\n11 — 24 — D4, 5 1 PM, ,\nnature of the products the pipeline transports, the pressure required for transporting the material, and\nthe need to support the ongoing investigation to determine the cause of the failure, I find that a\nfailure to expeditiously issue this Order requiring immediate corrective action would likely result\nin serious harm to life, property, or the environment.\nAccordingly, this Corrective Action Order mandating immediate corrective action is issued without\nprior notice and opportunity for a hearing. The terms and conditions of this Order are effective upon\nreceipt.\nWitlun 10 days of receipt of this Order, Respondent may request a hearing, to be held as soon as\npracticable, by notifying the Associate Administrator for Pipeline Safety in writing, delivered\npersonally, by mail or by telecopy at (202) 366-4566. The hearing will be held in Lakewood, CO\nor Washington, DC on a date that is mutually convenient to OPS and Respondent.\nAfter receiving and analyzing additional data in the course of this investigation, OPS may identify\nother corrective measures that need to be taken. In that event, Respondent will be notified of any\nadditional measures required and amendment of this Order will be considered. To the extent\nconsistent with safety, Respondent will be afforded notice and an opportunity for a hearing prior to\nthe imposition of any additional corrective measures.\nRe uired Corrective Action\nPursuant to 49 U. S. C. $ 60112, I hereby order Kinder Morgan Energy Partners, L. P. to immediately\ntake the following corrective actions with respect to that portion of its Colton-Las Vegas 14-inch\nhazardous liquid pipeline:\n1. Prior to resuming operation of the segment taken out of service following the failure, submit\nstart-up procedures to the Director, Western Region, OPS for prior approval. This approval\nprocess may be done verbally, in which case Respondent shall provide subsequent written\ndocumentation that it initiated start-up of the hne in accordance with its established procedures.\nThe procedures must provide for sufficient pressure monitoring, surveillance to ensure that no\nleaks are present when operation of the line is resumed, and weekly patrolhng of the right-of-\nway with the first patrol to occur immediately after resuming operation of the line.\n2. With respect to the metallurgical testing of the failed pipe section,\n(A) Confirm in writing that the pipe and all other evidence is collected, catalogued, and sealed\nin the presence of OPS or an OPS representative and the chain-of-custody documented;\n(8) Provide the testing protocol.\n(C) Prior to commencing the metallurgical testing, provide the Director, Western Region, OPS\nwith the scheduled date, time, and location of the testing to allow an OPS representative to\nwitness it;\n\n\n\nI 1 — 24 — 04. 5 17PM, 202 366 704 1\n(D) Ensure that the laboratory distributes all resulting metallurgical reports, whether draft or\nfinal, to OPS at the same time as they are made available to Respondent.\n3. Within 14 days of receipt of this Order,\n(A) Re-evaluate the data from the in-hne inspection tool runs performed in 1998 and 2004,\nincluding information obtained from the resulting excavations, for the purpose of detenninmg\nwhether anomalies possibly due to third party damage or other anomalies were present that\ncould have contributed to the failure, whether any other anomalies of a snnilar magnitude are\npresent elsewhere on the pipeline.\n(B) Take immediate corrective action, including as appropriate pressure reduction or repair, that\nis called for by the anomalies.\n(C) Make the in-line inspection results, and any corrective actions taken, available to OPS or\nits representative.\n4. Submit written materials required by this order to; Director, Western Region, Office of Pipehne\nSafety, 12300 West Dakota Avenue, Suite 110, Lakewood, CO 80228.\n5. The Director, Western Region, OPS may grant an extension of time for compliance with any\nof the terms of this Order for good cause. A request for an extension must be in wnting.\nThe corrective actions required by this Corrective Action Order are in addition to and do not waive\nany requirements that apply to the pipeline under 49 C. F, R. Part 195, including the integrity\nmanagement program regulations.\nRespondent may appeal any decision of the Director to the Associate Administrator for Pipelme\nSafety. Decisions of the Associate Administrator shall be final.\nFailure to comply with this Order may result in the assessment of civil penalties of not more than\n$100, 000 per day and in referral to the Attorney General for appropriate relief in United States\nDistnct Court.\nHov &42U44\nDate Issued\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11460}