{"operation":"document","citation":"CPF 520085045","title":"SFPP, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-12-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085045.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085045.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085045","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520085045","body":"Notice of Probable Violation involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(5). The case was opened on 2008-12-03 and is reported as closed as of 2010-03-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520085045_FinalOrder_03172010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085045/520085045_FinalOrder_03172010.pdf\n\n520085045_FinalOrder_03172010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085045/520085045_FinalOrder_03172010_text.pdf\n\n520085045_NOPV PCO_12032008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085045/520085045_NOPV%20PCO_12032008.pdf\n\n520085045_nopv pco_12032008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085045/520085045_nopv%20pco_12032008_text.pdf\n\n520085045_operator response_01092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085045/520085045_operator%20response_01092009.pdf\n\n520085045_operator response_07222009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085045/520085045_operator%20response_07222009.pdf\n\n520085045_FinalOrder_03172010_text.pdf\n\nMAR 17 2010\nMr. Richard D. Kinder\nChairman and Chief Executive Officer\nKinder Morgan Energy Partners, L.P.\nOne Allen Center\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nRe: CPF No. 5-2008-5045\nDear Mr. Kinder:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that Kinder Morgan Energy Partners, L.P. has completed the actions specified\nin the Notice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is deemed effective upon the date of mailing, or as\notherwise provided 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: Mr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Edward A. “Buzz” Fant, Director, Compliance, Codes and Standards, Products\nPipelines, Kinder Morgan Energy Partners, L.P.\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 5224]\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 )\nKinder Morgan Energy Partners, ) CPF No. 5-2008-5045\nL.P., )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn October 3, 2007, 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 an accident involving an interstate pipeline system operated by Kinder\nMorgan Energy Partners, L.P. (Kinder Morgan or Respondent). The pipeline system in question\ntransports refined petroleum products from the California-Nevada border to the Reno-Sparks\nTerminal Facility in Sparks, Nevada.\nThe investigation arose out of a failure that occurred the previous night on a 6-inch-diameter\npipeline near Reno, Nevada. The failure was caused by hydrogen stress cracking and led to the\nrelease of 851 barrels of jet fuel in a high consequence area.\nAs a result of the investigation, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated December 3, 2008, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Kinder Morgan had violated 49 C.F.R. § 195.402(c)(5) and proposed ordering\nRespondent to take certain measures to correct the alleged violation.\nKinder Morgan responded to the Notice by letters dated January 9 and July 22, 2009\n(collectively, Response). Respondent did not contest the allegation of violation, but provided\ninformation concerning the corrective actions it had taken. Respondent did not request a hearing\nand therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Kinder Morgan did not contest the allegation in the Notice that it violated 49\nC.F.R. Part 195, as follows:\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(5), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n(1) . . . .\n(5) Analyzing pipeline accidents to determine their causes.\nThe Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.402(c)(5) by failing to perform\nan adequate root cause analysis and post-accident investigation of the October 2, 2007 failure as\nrequired under Section 3.9 of its own Incident Reporting and Investigation procedures. Kinder\nMorgan failed to conduct (1) a formal investigation of the accident identifying the root causes\nthat contributed to the release; (2) an evaluation of their leak detection capability as a result of\nthe release; (3) an evaluation of the Emergency Flow Restriction Device capability as a result of\nthe release; and (4) a pressure cycle fatigue analysis (PCFA) as a result of the release.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(c)(5) by failing to properly\nanalyze the October 2, 2007 pipeline accident to determine its causes.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 of 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. The Director has indicated that Respondent has taken the following actions\nspecified in the proposed compliance order:\n1. On January 9 and July 22, 2009, Kinder Morgan submitted documentation of its root\ncause analysis and post-accident investigation of the October 2, 2007 failure. The\nDirector has reviewed that information and determined that it satisfies the terms of\nthe proposed compliance order.\n\n\n\n3\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon receipt of service.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7008}