{"operation":"document","citation":"CPF 520055035","title":"EXPRESS HOLDINGS (USA), LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-11-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.467(d), 195.402(d)(5), 195.577(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520055035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520055035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520055035","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520055035","body":"Notice of Probable Violation involving EXPRESS HOLDINGS (USA), LLC. PHMSA's enforcement data identifies the cited regulations as 192.467(d),  195.402(d)(5),  195.577(a). The case was opened on 2005-11-16 and is reported as closed as of 2009-01-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520055035_FinalOrder_05122008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520055035/520055035_FinalOrder_05122008.pdf\n\n520055035_finalorder_05122008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520055035/520055035_finalorder_05122008_text.pdf\n\n520055035_finalorder_05122008_text.pdf\n\nO\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Hugh Harden\nVice-President, Operations 8c Engmeermg\nKinder Morgan Pipelines (USA), Inc.\n300 Fifth Avenue, Suite 2700\nCalgary, Alberta\nCANADA T2PSJ2\n12nio I'hew. 'ersey A. e S E\nWeshrngrnn DC . n690\n~y 1\" 2008\nRe: CPF No. 5-2005-5035\nDear Mr. Harden:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that Kinder Morgan has completed part of the actions specified in the Notice\nrequired to comply with the pipeline safety regulations. When the terms of the Compliance\nOrder have been completed, as determined by the Director, Western Region, this enforcement\naction will be closed. Your receipt of the Final Order constitutes service under 49 C. F R. $\n190 5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, P. E.\n,\nDirector Western Region, PHMSA\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nU. S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nKinder Morgan Pipelines (USA), Inc.\nformerly Terasen Pipeline (USA), Inc. )\nRespondent.\n)\n)\n)\n, )\n)\n)\nCPF No. 5-2005-5035\nFINAL ORDER\nOn June 20-24 and July 18-22, 2005, pursuant to 49 U. S. C. ) 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration's (PHMSA's) Office of Pipeline Safety\nconducted an on-site pipeline safety inspection of the records, procedures, and facilities of the\nExpress Pipeline system that extends from the Canada/Montana border to Caspar, Wyoming. At\nthe time of such inspection, Express Pipeline was operated by Terasen Pipeline (USA), Inc.\n,\nwhose successor is Kinder Morgan Pipelines (USA), Inc. (Kinder Morgan or Respondent). As a\nresult of the inspection, the Director, Western Region, Office of Pipeline Safety (OPS), issued to\nRespondent, by letter dated November 16, 2005, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C. F. R. $ 190, 207, the Notice proposed\nfinding that Respondent committed violations of 49 C. F. R. Part 195 and proposed ordering\nRespondent to take certain measures to correct the alleged violations. The Notice also contained\na warning that Respondent had committed certain other probable violations of 49 C. F. R. Part 195\nand advised Respondent to take appropriate corrective actions.\nRespondent responded to the Notice by letter dated December 20, 2005 (Response). Respondent\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C. F, R. Part 195 as follows:\nItem 3: The Notice alleged that Respondent violated 49 C. F. R. )) 195. 571 and 195. 577(a),\nwhich state:\n\n\n\ng 195. 571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this subpart must comply with\none or more of the applicable criteria and other considerations for\ncathodic protection contained in paragraphs 6. 2. and 6. 3 of NACE\nStandard RP0169 (incorporated by reference, see $ 195. 3).\ng 195. 577 What must I do to alleviate interference currents?\n(a) For pipelines exposed to stray currents, you must have a\nprogram to identify, test for, and minimize the detrimental effects\nof such currents.\nSpecifically, the Notice alleged that Respondent failed to determine the adequacy of cathodic\nprotection and alleviate interference currents. At the time of the inspection, there were\napproximately 30 test stations on the Express Pipeline that had IR-free pipe-to-soil potential\n(P/S) readings more negative than -1250 mV. These conditions violated NACE Standard RP\n0169-96, Section 6. 2. 2. 3. 3 regarding the use of excessive polarized potentials on externally\ncoated pipelines.\nIn its Response, Respondent did not contest the violations alleged in Item 3. Accordingly, I find\nthat Respondent violated 49 C. F. R. $$ 195. 571 and 195. 577(a), as more fully described in the\nNotice.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 3 in the Notice. Under 49 U. S. C.\n) 60118(a), each person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder Chapter 601. Pursuant to the authority of 49 U. S. C. $ 60118(b) and 49 C. F. R. ) 190. 217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations with respect to the Express Pipeline in Wyoming and\nMontana. Respondent must-\n1. With respect to Notice Item 3, confirm the accuracy of Kinder Morgan's electrical\ntesting methodologies and instruments;\nMaintain dociunentation of the safety improvement costs associated with fulfilling\nthis Compliance Order and submit the total to Director, Western Region, OPS. Costs\nshall be reported in two categories: 1) total costs associated with preparation/revision\nof plans, procedures, studies and analyses; and 2) total costs associated with\nreplacements, additions and other changes to Respondent's pipeline infrastructure;\nand\n\n\n\nWithin 60 days of receipt of the Final Order, submit documentation of procedures,\ncosts and evidence of actions taken to the Director, Western Region, OPS, Pipeline\nand Hazardous Materials Safety Administration, 12300 West Dakota Avenue, Suite\n110, Lakewood, Colorado 80228. Please refer to CPF No. 5-2005-5035 on any\ncorrespondence or communication in these matters.\nThe Director, Western Region, may grant an extension of time to comply with any of the\nrequired items upon a written request timely submitted by Respondent demonstrating good cause\nfor an extension.\nThe Regional Director has indicated that Respondent has already addressed the following items\nspecified in the Proposed Compliance Order:\n1. With respect to Proposed Compliance Order Item 2, Respondent submitted evidence\nof a typographical error in the recorded reading at station 23702+12. The actual IR\nfree pipe-to-soil potential (P/S) reading did not indicate electrical interference.\nRespondent submitted records of the annual cathodic protection survey for 2005\n(conducted July 29, 2005) for station 25287+78. The current P/S readings do not\nindicate electrical interference; and\n2. With respect to Proposed Compliance Order Item 3, Respondent submitted excavated\npipe anomalies that were revealed as a result of an in-line inspection. The anomalies\nwere about 100 feet from the suspected areas of interference. The pipe coating was\nevaluated as excellent and not damaged. Respondent completed several\nmodifications to its piping and electrical isolation at various pump stations. In\naddition, the 2005 annual P/S survey indicates that IR-free P/S readings are now\nmuch less negative — none were more negative than 1. 25 Volts. Therefore, there is no\nneed to take additional action to address potential pipe coating damage.\nAccordingly, since Respondent has submitted information that the Regional Director deems\nsatisfactory with respect to these portions of the Proposed Compliance Order, the proposed\ncompliance terms for items 2 and 3 are not included in this Order.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nof not more than $100, 000 for each violation for each day the violation continues or in referral to\nthe Attorney General for appropriate relief in a United States District Court.\nWARNING ITEMS\nThe Notice also alleged probable violations of 49 C. F. R. Part 195 but did not propose a civil\npenalty or Compliance Order for Notice Item I (49 C. F. R. $1 195. 404(c)(3) and 195. 402(d)(5))\nand Notice Item 2 (49 C. F. R. |I$ 195. 589(c) and 195. 575(c)) for failing to maintain records but\nwarned Respondent that it should take appropriate corrective action to correct these items.\nRespondent presented information in its Response showing that it had taken action to address the\ncited items.\n' Item 2 was inadvertently cited as 49 Part 192 m the Notice.\n\n\n\nHaving considered such information, I find, pursuant to 49 C. F. R. g 190. 205, that probable\nviolations of 49 C. F. R. )$ 195 404(c)(3) and 195. 402(d)(5) (Notice Item 1) and 49 C. F. R. $$\n195. 589(c) and 195. 575(c) (Notice Item 2) have occurred and Respondent is hereby advised to\ncorrect such conditions. In the event that PHMSA finds a violation for any of these items in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nUnder 49 C. F. R. $ 190. 215, Respondent has a right to submit a Petition for Reconsideration of\nthis Fmal Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the Order, including\nany required corrective action remain in full effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order shall be effective upon\nreceipt.\nle z .\n\" 2008\nDate Issued\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":10143}