{"operation":"document","citation":"CPF 520081005","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":"2008-03-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520081005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520081005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520081005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520081005","body":"Notice of Probable Violation involving COLORADO INTERSTATE GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.605. The case was opened on 2008-03-04 and is reported as closed as of 2012-06-25. Proposed civil penalty: $3,364,000. Assessed civil penalty: $2,335,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520081005_closure letter_06252012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_closure%20letter_06252012.pdf\n\n520081005_closure letter_06252012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_closure%20letter_06252012_text.pdf\n\n520081005_Final Order_11232009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_Final%20Order_11232009.pdf\n\n520081005_Final Order_11232009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_Final%20Order_11232009_text.pdf\n\n520081005_NOPV PCP PCO letter_03042008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_NOPV%20PCP%20PCO%20letter_03042008.pdf\n\n520081005_nopv pcp pco letter_03042008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_nopv%20pcp%20pco%20letter_03042008_text.pdf\n\n520081005_operator request for hearing_04032008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520081005/520081005_operator%20request%20for%20hearing_04032008.pdf\n\n520081005_closure letter_06252012_text.pdf\n\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nJune 25, 2012\nMr. Dwayne Burton\nVice President, Engineering / Operations\nEl Paso Corporation\n1001 Louisiana Street\nHouston, TX 77002\nMr. Kenneth Grubb\nVice President of Operations\nEl Paso Corporation\n1001 Louisiana Street\nHouston, TX 77002\nRe: CPF 5-2008-1005\nDear Mr. Burton and Mr. Grubb:\nOn November 23, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to\nWyoming Interstate Company, Ltd. (WIC) and operated by Colorado Interstate Gas Company (CIG),\nboth being subsidiaries of El Paso Corporation (together or individually, “Respondents”) a Final Order in\nthe above-referenced case. This Order included a Compliance Order and Civil Penalty assessment.\nBased on our review of the documentation you provided and confirmation of payment of the civil\npenalty, it has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the matters\ninvolved in this case. Thank you for your cooperation in this matter.\nThank you for your cooperation in this matter.\nSincerely,\nChris Hoidal,\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Katchmar\n\n520081005_nopv pcp pco letter_03042008_text.pdf\n\nU. S. Department\nof Transportation\nPlpelline and\nHmardous Materlalls Safelly\nAdministration\n12300 W Dakota Ave, Suite 110\nLakewood, CO 80228\n' ll\nXOTlCK OF PROBABLK VlOLATIOX\nPROPOSKB ClV11 PENALTY\n886I\nPROP()SKO COMPLlAXCK O~KR\nMarch 4, 2008\nMr. Thomas P. Morgan\nVice President of Operations,\nWestern Pipeline Group\nColorado Interstate Gas\n2 North Nevada Avenue\nColorado Springs, CO 80903\nMr. Daniel B. Martin\nSenior Vice President of Operations\nEl Paso Corporation\n1001 Louisiana Street\nHouston, TX 77002\nCPF 5-2008-I005\nGentlemen:\nOn November 11, 2006, a 36-inch gas transmission pipeline (\" Line 124A\") owned by Wyoming\nInterstate Company, Ltd. (\"WIC\") and operated by Colorado Interstate Gas Company (\"CIG\"),\nboth being subsidiaries of El Paso Corporation (collectively, \"El Paso\" ), was struck and\nruptured by a bulldozer during the construction of a new pipeline running parallel to Line 124A.\nThe bulldozer operator, employed by Associated Pipeline, LLC (\" Associated\" ), was killed in the\nensuing explosion and fire.\nThe new pipehne was being constructed by Rockies Express Pipeline, LLC (\"REX\"), as part of\nthe construction of a new 328-mile interstate gas transmission pipeline running from\nGreasewood, Colorado, to the El Paso Cheyenne Hub approximately 15 miles south of\n\n\n\nCheyenne, Wyoming (\"REX Project\" ). The accident took place on Spread 4 of phase two of the\nprospect, approximately ten (10) miles south of Cheyenne, Wyoming, and five (5) miles west of\nI-25. A representative of the Pipehne and Hazardous Materials Safety Administration\n(\"PHMSA\"), pursuant to Chapter 601 of 49 United States Code, conducted an investigation into\nthe cause of the accident During the course of the investigation, appropriate El Paso manuals\nand records were reviewed in detail to determine whether all applicable operation and\nmaintenance procedures were in place, whether they were adequate under 49 C. F. R. Part 192 to\nensure safety, whether they were being followed at the time of the November 11, 2006 accident.\nAs a result of the investigation, it appears that you have committed the following probable\nviolations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items\ninspected and the probable violations are:\n$192. 605 Procedural manual for operations, maintenance, and emergencies\nEach operator shall include the following in its operating and maintenance plan:\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and\nfor emergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed\nand updated by the operator at intervals not exceeding 15 months, but at least\none each calendar year. This manual must be prepared before operations of a\npipeline system commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(3) Making construction records, maps, and operating history available to\nappropriate operating personnel.\nEl Paso failed to establish and follow an adequate written program for making construction\nrecords, maps and operating history available to appropriate operating personnel on Spread 4 of\nthe REX Project as required by $192 605(b)(3).\nDuring the accident investigation, the PHMSA representative confirmed the following\ninformation during interviews with the contract line locator and the El Paso Area Manager, An\ninformation meeting concerning the upcoming REX construction prospect between the El Paso\nArea Manager, two (2) El Paso technicians and the PSI contract line locator was held at El\nPaso's Cheyenne Compressor Station on August 1, 2006. At that meeting, El Paso failed to\nprovide the contract line locator responsible for the temporary marking of its lines with accurate\n\"as-built\" drawings of El Paso's underground facilities. According to PHMSA's investigation\nand confirmed by El Paso's Internal Investigation, the alignment sheets produced by REX and\nused by PSI at the time of the accident did not show the point of inflection (PI6) where the line\nwas struck. Accurate drawings, both m hard copy and electronic format, had been produced by\nPage 2 of 13\n\n\n\nEl Paso and were available at the CIG Cheyenne Compressor Station but had not been provided\nto PSI\nThe line locator was given a copy of the REX construction ahgnment sheets on which the\ngeneral location of El Paso's lines were depicted. However, the REX alignment sheets also\nincluded a disclaimer as follows\n\"Mll EPOSTS ARE FOR GRAPHIC PURPOSES AND REFERENCED ENVIRONMENTAL MITIGATION/\nRECLAMATION BAND 0 VL Y MILEPOSTS HAVE NO CORRELATION TO ACTUAL SURVEY STATION NUMBERS\nDISCLAIMER\nUNIVERSAl. ENSCO, INC MAKES NO GUARANTEE THAT THIS SURVEY OR MAP CONTAINS COMPLETE OR\nCONCLUSIVE SUBSURFACE INFORMATION CONTRACTOR SHALL CONTACT THESTATE \"ONE CALL\" SYSTEM\nPRIOR TOANYEXCAVATION\"\nThe line locator utilized these alignment sheets to make his personal field notes so he would\nknow where he had already completed his locating duties. Some of the larger inflection points\nof the El Paso hnes are shown on these drawings but all of them are not.\nThe line locator was not provided with El Paso's maps or other construction documentation that\nhe needed in order to accurately locate and mark the company's facilities, as required by El\nPaso's own procedures. Also, the contract line locator did not request the \"as-built\" drawings,\nmaps or other construction documentation. In fact, he made the point to the PHMSA\ninvestigator that had El Paso given him the drawings, he would not have utilized them for\nlocating their pipelines inasmuch as he had no faith that the El Paso as-builts would accurately\ndepict the location of pipelines installed so long ago.\n$192. 605 Procedural manual for operations, maintenance, and emergencies\nEach operator shaB. include the following in its operating and maintenance plan:\n(a) General. Each operator shall prepare and foBow for each pipeBne, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency response. For transmission Bnes, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\nPage 3 of 13\n\n\n\n(a) Except for pipehnes hsted in paragraphs (d) and (e) of this section, each\noperator of a buried pipeline shall carry out in accordance with this section a\nwritten program to prevent damage to that pipehne by excavation activities. For\nthe purpose of this section, \"excavation activities\" include excavation, blasting,\nboring, tunnehng, bacMIhng, the removal of above ground structures by either\nexplosive or mechanical means, and other earth moving operations. An operator\nmay perform any of the duties r equired by paragraph (b) of this section through\nparticipation in a pubhc service program, such as a \"one-calp' system, but such\nparticipation does not relieve the operator of responsibility for compliance with this\nsection. . .\n(c) The damage prevention program required by paragraph (a) of this section must,\nat a minimum. . .\n(4) If the operator has buried pipehnes in the area of excavation activity, provide\nfor actual notification of persons who give notice of their intent to excavate of the\ntype of temporary marking to be provided and how to identify the markings.\nEl Paso failed to follow its procedures for informing REX and Associated of \"the requirements\nof the encroachment and crossing policies and procedures. \" These procedures are described in\nEl Paso Corporation, Pipeline Operating Procedures Manual, Revision Date: 9/24/2006, Section\n502 Safety and Accident Prevention — Encroachment and Crossings. Specifically, subsection\n4(b) of Section 502 of the El Paso manual sets forth procedures for ensuring that excavators are\ninformed of El Paso's excavation policies. It states:\n\"b Company Information to Excavators Excavators who give notice of the intent to\nexcavate, when Company facilities are in the area of excavation activity, shall be\nadvised, as follows\ni Excavations shall not be made on Company's right-of-way except in the presence of a\ndesignated Company field representative The excavator shall be advised as to how and\nwhen the facilities will be marked. ,\nii The designated Company field representative shall inform the excavator of this\nprocedure \"\nEl Paso failed to follow its procedures for communicating with the excavator as to how and\nwhen El Paso's facilities would be marked, and failed to ensure that all excavation within El\nPaso's right-of-way would take place only in the presence of a designated El Paso\nrepresentative The contract line locator stated that he was working approximately one and one\nhalf miles to the east of the accident location locating incumbent pipelines at the time of the\nrupture.\nDuring the investigation, the PHMSA representative interviewed associated personnel as well as\nthe REX inspectors overseeing Associated's work. From these interviews, it is apparent that the\nREX and Associated personnel interviewed understood that El Paso's lines would be marked\nper the modified procedures developed by the contract line locator and not in accordance with\nEl Paso's written procedures.\nPage 4 of 13\n\n\n\n(a) General. Each operator shaH prepare and follow for each pipehne, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency I esponse. For transmission hnes, the manual must also include\nprocedures for handling abnormal operations. Yhis manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. Yhis manual must be prepared before operations of a pipeline\nsystem commence. Appr opriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. Yhe manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeHne in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\n$192. 614 Bamage prevention program.\n(a) Except for pipehnes hsted in paragraphs (d) and (e) of this section, each\noperator of a buried pipehne shaH ca~ry out in accordance with this section a\nwritten program to prevent damage to that pipehne by excavation activities. For\nthe purpose of this section, \"excavation activities\" include excavation, blasting,\nboring, tunnehng, backfiHing, the removal of above ground structures by either\nexplosive or mechanical means, and other earth moving operations. An operator\nmay perform any of the duties required by paragraph (b) of this section through\nparticipation in a pubHc service program, such as a \"one-call\" system, but such\nparticipation does not relieve the operator of responsibiHty for compliance with this\nsection. . .\n(c) Yhe damage prevention p~ogram required by paragraph (a) of this section must,\nat a mmHHum. . .\n(4) If the operator has buried pipelines in the area of excavation activity, provide\nfor actual notification of persons who give notice of their intent to excavate of the\ntype of temporary marking to be provided and how to identify the markings.\nEl Paso's written procedure, \"Pipeline Operating Procedures Manual, Revision Date: 9/24/2006,\nSection 502 Safety and Accident Prevention — Encroachment and Crossings, Subsection 6—\nExcavation Requirements, subsection f — Crossing and Encroachment Inspection, \" sets forth the\ncompany's requirement that each company location develop critena and processes for\ninspecting and evaluating the locating and marking of its hnes by El Paso personnel and require\nclose contact with excavators. Subsection 6 states:\nPage 5 of 13\n\n\n\n\"6 Excavation Requirements . .\nf Crossing and Encroachment Inspection\nEach location shall develop criteria to establish inspections required to maintain the\nintegrity of the pipeline .\nItems to consider during an inspection shall include\nCrossing Agreements/Approved Drawings\nii Type and duration of excavation involved\niii Proximity to pipeline facilities\niv Type of excavating equipment involved\n\"\nvii Past experience with the excavator involved .\nField contact with the excavator shall be maintained during the excavation to avoid\npotential problems and to promptly correct any problems that arise \"\nEl Paso failed to develop appropriate criteria for surveillance inspections required to maintain\nthe integrity of its pipeline for Spread 4 of the REX Project. Specifically, El Paso failed to\ndevelop project — specific criteria appropriate for the conditions involved in the REX Project,\nconsidering the factors listed in Subsection 6(f) of Section 502.\n$192. 605 Procedural manual for operations, maintenance, and emergencies\nEach operator shall include the following in its operating and maintenance plan:\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency response. Fox transmission hnes, the manual must also include\nprocedures for handhng abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and Subpart M of thiis part.\n$192. 613 Continuing Surveillance.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities\nto determine and take appropriate action concerning changes in class location,\nfailures, leakage history, corrosion, substantial changes in cathodic protection\nrequirements, and other unusual operating and maintenance conditions.\nEl Paso's written procedure, \"Pipeline Operating Procedures Manual, Revision Date: 9/24/2006,\nSection 502 Safety and Accident Prevention — Encroachment and Crossings, Subsection 4—\nPage 6 of 13\n\n\n\nOperator Responsibilities, \" sets forth the company's procedures for determining the proper level\nof surveillance and monitoring of construction activity and marking of lines. It states:\n\"4 Operator Responsibilities The Area Manager shall ensure that persons vvho are\nengaged in excavation activities near Company pipeline facilities are informed of the\nrequirements of the encroachment and crossing policies and procedures Field\nSupervision shall be responsible and manage locating the pipeline(s) as necessary and\nshall determine the level of monitoring for the protect~on and safety of the pipeline\nEl Paso's Area Manager failed to determine the proper level of monitoring that was needed to\nprotect the company's pipeline and excavation personnel. During the PHMSA investigator's\ninterview, the Area Manager stated that he instructed the PSI contract line locator, who had been\nthrough El Paso's own operator qualification program, to rely upon his own personal\nknowledge, experience, and visual indications on the ground to determine when he needed to\nuse his electronic pipeline locator to actually locate the pipeline and how frequently to mark the\nline. Even though El Paso personnel stated that they qualified the contract line locator to\nperform the covered task of locating El Paso's incumbent pipelines, the locator failed to locate\nand mark three points of inflection (PI5, PI6, and PI7) where Line 124A deviated from its\nnormally straight course. It was at one of these points of inflection (PI6) where the accident\noccurred and the bull dozer operator was killed.\nFurther, during the interview with the El Paso Area Manager, it became apparent that he was not\naware that the contract locator had taken it upon himself to create his own procedures for\nlocating and marking El Paso's incumbent pipelines. These procedures were inconsistent with\nEl Paso's detailed procedures.\n$192. 605 Procedural manual for operations, maintenance, and emergencies\nEach operator shall include the foBowing in its operating and maintenance plan:\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operato~ at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\nPage 7 of 13\n\n\n\n(a) Except for pipehnes hsted in paragraphs (d) and (e) of this section, each\noperator of a buried pipeline shall carry out in accordance wltll tllls sectioii a\nwritten program to prevent damage to that pipehne by excavation activities. For\nthe purpose of this sectjion, \"excavation activities\" include excavation, blasting,\nboring, tunnehng, backfilhng, the removal of above ground structures by either\nexplosive or mechanical means, and othe~ earth moving operations. An operator\nmay perform any of the duties required by paragraph (b) of this section through\nparticipation in a pubhc service program, such as a \"one-caH\" system, but such\nparticipation does not reheve the operator of responsibihty for comphance with this\nsection. . .\n(c) The damage prevention program required by paragraph (a) of this section must,\nat a minimum. . .\n(5) Provide for temporary marking of buried pipelines in the area of excavation\nactivity before, as far as practical, the activity begins.\nEl Paso failed to follow the procedures in Section 304, Subsection 7, of its written damage\nprevention program during the construction activity associated with Spread 4 of the REX\nProject by (1) failing to use an electronic hne locator to identify the actual location of Line\n124A, (2) faihng to verify the exact lengths and segments of pipeline to be marked, (3) failing to\ndeteiTnine where to place proper signs or stakes, (4) failing to place new temporary markers\nover the line, and, most importantly, (5) failing to place markers at intervals \"wherever\nnecessary to identify the location of the pipeline to reduce the possibility of damage or\ninterference. \"\nEl Paso's written procedure, \"Pipeline Operating Procedures Manual, Revision Date. 9/24/2006,\nSection 304, Pipeline, Locating and Marking; Subsection 7, \" states:\n\"b Subsection 7 \"PROCEDURE\n71 Upon arriving at the work site, verify the exact length and segment of pipeline to be\nmarked\n7 2 Determine where to place signs, flags or stakes. .\n7 4 Use the pipe locator to locate the underground pipeline(s)\n7. 5 Use a post driver or hammer to place wooden stakes, steel posts or fiberglass\nmarkers directly above the pipeline(s) at an appropriate depth (so as not to hit the\npipe)\n78 Marking Buried Pipelines Except as provided in the 'Exceptions for buried\npzpelines' in this sectzon, a pipelzne warnz'ng marker must be placed and maintazned as\nclose as practical over each buried pzpeline\n7 8 2 wherever necessary to identify the location of the pipeline to reduce the possibility\nof damage or interference \"\nThe PHMSA investigator arrived at the rupture location just after the natural gas fire from the\nrelease went out. No temporary pipeline markers were visible in the area between the\nPage 8 of 13\n\n\n\npermanent marker at the dirt road to the west of the rupture and the permanent line marker in the\nfence line to the east of the rupture. The temporary markers normally utilized by the contract\nline locator were standard yellow flags on metal wires. Even after the fire, the metal wires\nwould have remained had the temporary markers been installed.\nDuring the initial interview with the contract line locator that occurred on the evening of the day\nof the rupture, the contract line locator stated that he had been through the area where the\nrupture occurred on 11/7/2006. He stated that he remembered that he had located the line twice\nbetween the two permanent markers but he could not remember exactly where. Because of the\nstatements made by the contract locator and because there was no evidence that temporary\nmarkers were installed in the area between the permanent markers, the PHMSA investigator\ndeduced that the contract line locator thought the WIC line was parallel to the new construction\nright-of-way. Per the contract locator's modified line locating procedures, he apparently\nbelieved that he didn't need to use his electronic locator to continuously locate the line between\nthe two permanent line markers.\n$192. 605 Procedural manual for operations, maintenance, and emergencies\nEach operator shall include the following in its operating and maintenance plan:\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handhng abnormal operations. This manual must be reviewed and\nupdated by the operato~ at intervals not exceeding 15 months, but at least one each\ncalenda~ year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repainng the pipehne in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities\nto determine and take appropriate action concerning changes in class location,\nfailures, leakage history, corrosion, substantial changes in cathodic protection\nrequirements, and other unusual operating and maintenance conditions.\nEl Paso's written procedure, \"Pipeline Operating Procedures Manual, Revision Date: 9/24/2006,\nSection 502 Safety and Accident Prevention — Encroachment and Crossings, \" sets forth\nprocedures to require all marking jobs to be evaluated based upon the criteria set forth above.\nSubsection 6(f) states:\nPage 9 of 13\n\n\n\n\"Based on criteria developed, each markinggob shall be evaluated, and where appropriate,\nan inspection schedule shall be established for an excavation project . A record of the\ninspections shaII be maintained \"\nEl Paso failed to evaluate each marking job performed by PSI in accordance with the\ncompany's inspection criteria and to maintain records of all such inspections. PHMSA's\ninvestigation did not reveal any documentation of evaluations of \"marking jobs\" by the\ncontract line locator for the duration of the REX construction on Spread 4.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(b) Maintenance and normal operations. The manu. al required by paragraph (a)\nof this section must include pxocedures for the foHowing, if apphcable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeHne in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\n(a) Each operator shaH have a procedure for continuing surveHlance of its facihties\nto determine and take appropriate action concermng changes in class location,\nfailures, leakage history, corrosion, substantial changes in cathodic protection\nrequirements, and other unusual operating and maintenance conditions.\nEl Paso failed to take \"appropriate action\" as required by (192. 613, to deal with unusual\noperating conditions involving construction of the REX Project. Beginning as early as\nAugust 3, 2006 and continuing until the rupture on November 11, 2006, there were recurring\nencroachments of El Paso's right-of-way by REX's construction crew. According to the line\nlocator's weekly reports there were at least 12 incidents between August 3, 2006, and the date\nof the failure where the contract line locator had identified unauthorized encroachments by\nAssociated onto El Paso's right-of-way. In each instance, the contract line locator had required\nthe contractor to stay off the right-of-way or stop work until the hne could be marked. The El\nPaso Area Manager stated that he received the contract line locator's daily reports in a weekly\nPage 10 of 13\n\n\n\ne-mail Therefore, he was aware of the repeated unauthorized encroachments over El Paso's\npipelines but failed to take appropriate action to reduce confusion, improve coordination, and\nprotect persons working in the vicinity of such unusual operating conditions,\nEach operator shaH include the following in its operating and maintenance plan:\n(a) General. Each operator shaH prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission hnes, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeHne\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\n(c) Abnormal operation. For transmission lines, the manual required by\nparagraph (a) of this section must include procedures for the following to provide\nsafety when operating design limits have been exceeded:\n(I) Responding to, investigating, and cojrrecting the cause of:\n(v) Any other fojreseeable malfunction of a component, deviation from normal\noperation, or personnel error which may result in a hazard to persons or property.\nEl Paso failed to establish and follow procedures for internal compliance to ensure that its\npersonnel were adhering to the company's policies and procedures to respond to abnormal\noperations, specifically deviation from normal operation and personnel error to prevent\nexcavation damage to the company's facilities El Paso's Area Manager had knowledge of\nrepeated encroachments onto their facihties by REX contractors on Spread 4 of the project.\nHowever, at no time did the Area Manager respond to, investigate, or correct the cause of the\nrepeated encroachments.\nPro osed Civil Penalt\nUnder 49 United States Code, $ 60122, you are subject to a civil penalty not to exceed $100, 000\nfor each violation for each day the violations persists up to a maximum of $1, 000, 000 for any\nrelated series of violations. The Compliance Officer has reviewed the circumstances and\nsupporting documentation involved in the above probable violation(s) and has recommended\nthat you be preliminarily assessed a civil penalty of $3, 364, 000 as follows;\nItem number ~Penalt\n$100, 000 $35, 000\n$100, 000\n$1, 000, 000\nPage 11 of 13\n\n\n\nItem number ~Penalt\n$100, 000\n$1, 000, 000\n$1, 000, 000\nS 29, 000\nPro osed Cpm hance Order\nWith respect to items 1, 2, 3, 4, 5, 6, 7, and 8 pursuant to 49 United States Code ) 60118, the\nPipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order\nto El Paso Corporation. Please refer to the Proposed Comphance Order, which is enclosed and\nmade a part of this Notice.\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled, \"Response Options for Pipeline\nOperators in Compliance Proceedings \" Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U S. C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve quahfy for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U. S. C. 552(b). If you do not\nrespond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest\nthe allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety-to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIn your correspondence on this matter, please refer to CPP 5-2008-l005 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Comphance Registry\nPHP-500 P, Katchmar (0118311)\nPage 12 of 13\n\n\n\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to El Paso a Compliance Order incorporating the\nfollowing remedial requirements to ensure the compliance of El Paso with the pipeline safety\nregulations:\n1. In regard to Item Number 1 of the Notice pertaining to El Paso's procedures for making\nconstruction records, maps, and operating history available to appropriate operating\npersonnel, El Paso must revise their current procedures to specify that every person\nrequired to locate any buried or otherwise not visible structure owned and/or operated by\nany El Paso company must be provided the most up — to — date copy of the \"as-built\"\ndrawing of each structure that is in the vicinity of the proposed excavation. These\nrevised procedures must specify the person responsible for compliance with each\nrevision to the procedures.\n2. In regard to items 2, 3, 4, 5, and 6 of the Notice, El Paso must establish and follow\nwritten procedures for Area Managers or any other responsible manager or supervisor to\nperiodically review the work done by every person required to locate any buried or\notherwise not visible structure owned and/or operated by any El Paso company to ensure\napplicable procedures are understood, are being followed, and are effective. For short\nterm projects of less than one (1) week duration or in the case of a discreet project, such\nas a project confined to one or two city lots, the interval established can be one time per\nyear not to exceed 15 months for each person. The interval for this periodic review must\nbe established before each project begins and shall be conducted at the established\ninterval throughout each project to ensure compliance. The interval shall be selected\nbased on the life of the prospect but El Paso must ensure the interval estabhshed does not\nportend a review of less than three (3) times per project. Each review must be\nspecifically and severally documented and kept for review by internal as well as external\ninspectors.\nIf, during a periodic review, it is determined that a person is not following a procedure,\nimmediate written notification to PHMSA will be made detailing the specific\ncircumstances surrounding the particular mstance as well as El Paso's response to the\ninstance.\n3, In regard to item 7 of the Notice, El Paso shall establish an internal procedural review\nfor all managers and supervisors so they will better understand El Paso's Continuing\nSurveillance procedures. The procedures established shall be designed so all managers\nand supervisors will better understand and be able to intervene and thereby stop\nimpendmg situations which may result in a hazard to persons or property.\n4. In regard to item 8 of the Notice, El Paso shall establish and document a training and\nevaluation program for their managerial and supervisory staff that includes possible and\nactual scenarios where an emergency situation could have been avoided if someone had\nstopped recurring abnormal behavior with respect to normal pipeline conditions.\nEl Paso shall maintain documentation of the safety improvement costs associated with fulfilling\nthis Compliance Order and submit the total to Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. Costs shall be reported in two categories: 1) total\ncost associated with preparation/revision of plans, procedures, studies and analyses, and 2) total\ncost associated with replacements, additions and other changes to pipeline infrastructure.\nPage 13 of 13\n\n520081005_Final Order_11232009_text.pdf\n\nNOV 23 2009\nMr. Thomas P. Morgan\nVice President of Operations, Western Pipeline Group\nColorado Interstate Gas Company\n2 North Nevada Avenue\nColorado Springs, CO 80903\nMr. Daniel B. Martin\nSenior Vice President of Operations\nEl Paso Corporation\n1001 Louisiana Street\nHouston, TX 77002\nRe: CPF No. 5-2008-1005\nDear Sirs:\nEnclosed is the Final Order issued in the above-referenced case. It withdraws two allegations\nof violation, makes findings of violation, assesses a civil penalty of $2,335,000, and specifies\nactions that need to be taken by Colorado Interstate Gas Company to comply with the Federal\npipeline safety regulations. The penalty payment terms are set forth in the Final Order. When\nthe civil penalty has been paid and the terms of the Compliance Order completed, as determined\nby the Director, Western Region, this enforcement action will be closed. Your receipt of the\nFinal Order constitutes service of that document under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Patrick F. Carey, P.E., Director, D.O.T. Compliance Services\nEl Paso Corporation, 1001 Louisiana Street, Houston, TX 77002\nElizabeth B. Herdes, Esq., Managing Senior Counsel\nEl Paso Western Pipelines, 2 North Nevada Avenue, Colorado Springs, CO 80903\nMr. Chris Hoidal\nDirector, Western Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5067]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nColorado Interstate Gas Company ) CPF No. 5-2008-1005\nAnd El Paso Corporation, )\n)\n)\n)\nRespondents. )\n____________________________________)\nFINAL ORDER\nOn November 11, 2006, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS) initiated\nan investigation of the November 11, 2006 accident in Laramie County, Wyoming involving a\n36-inch gas pipeline owned by Wyoming Interstate Company, Ltd. (WIC) and operated by\nColorado Interstate Gas Company (CIG), both being subsidiaries of El Paso Corporation\n(together or individually,\n“Respondents”). The WIC pipeline system consists of approximately\n600 miles of pipeline extending from Western Wyoming to various pipeline interconnections\nnear Cheyenne, Wyoming. The WIC pipelin","truncated":true,"body_characters":91570}