{"operation":"document","citation":"CPF 520095020","title":"SFPP, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-05-01","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095020","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095020","body":"Notice of Probable Violation involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 195.428(a). The case was opened on 2009-05-01 and is reported as closed as of 2010-03-04. Proposed civil penalty: $26,300. Assessed civil penalty: $26,300. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520095020_Final Order_03042010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_Final%20Order_03042010_text.pdf\n\n520095020_FinalOrder_03042010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_FinalOrder_03042010.pdf\n\n520095020_NOPV PCP_05012009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_NOPV%20PCP_05012009.pdf\n\n520095020_NOPV PCP_05012009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_NOPV%20PCP_05012009_text.pdf\n\n520095020_operator response_06022009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_operator%20response_06022009.pdf\n\n520095020_FinalOrder_03042010.pdf\n\nU.S. Department of Transportation\n1200 New Jersey Ave, S.E.\nSafety Administration\nPipeline and Hazardous Materials\nWashington, D.C. 20590\nMAR 4 2010\nMr. Ronald G. McClain\nVice President, Operations and Engineering\nProduct Pipelines\nKinder Morgan Energy Partners\n500 Dallas Street\nSuite 1000\nHouston, TX 77002\nRe: CPF No. 5-2009-5020\nDear Mr. McClain:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $26,300. This is to acknowledge receipt of your\npayment of the full penalty amount, by wire transfer, dated June 1, 2009. This enforcement\naction is now closed. Service of the Final Order by certified mail is deemed effective upon the\ndate of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nMail Way\nhall: Jeffrey l\n. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc:\nMr. Chris Hoidal, Director, Western Region, PHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7009 1410 0000 2472 9994]\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\n)\n)\nKinder Morgan Energy Partners,\nCPF No. 5-2009-5020\nL.P.,\n)\n)\nRespondent.\n)\n)\nFINAL ORDER\nFrom October 20, 2008, to November 6, 2008, pursuant to 49 U.S.C. § 60117, representatives of\nthe Arizona Corporation Commission, as agents of the Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Kinder Morgan\nEnergy Partners, L.P. (Kinder Morgan or Respondent) in Colton and Orange, California, and\nPhoenix, Tucson, and Yuma, Arizona. Within Arizona, Kinder Morgan has a total of 566.01\nmiles of active pipeline facilities that transport refined petroleum products through remote desert\nareas and also through populated areas of the Phoenix and Tucson metro areas and the town of\nBenson. This pipeline system also has tank terminals located in Phoenix, Tucson, and Yuma,\nArizona, including breakout tanks and associated facilities at each terminal.\nAs a result of that inspection, the Director, Western Region, OPS (Director), issued to Kinder\nMorgan, by letter dated May 1, 2009, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent\nhad violated 49 C.F.R. § 195.428(a) and proposed assessing a civil penalty of $26,300 for the\nalleged violation.\nKinder Morgan responded to the Notice by letter dated June 2, 2009 (Response). Respondent\ndid not contest the allegation of violation and paid the proposed civil penalty of $ 26,300, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\nFINDING OF VIOLATION\nIn its Response, Kinder Morgan did not contest the allegation of the Notice that it violated\n49 C.F.R. § 195.428(a), as follows:\n\n\n\n2\nThe Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each calendar\nyear, or in the case of pipelines used to carry highly volatile liquids, at\nintervals not to exceed 7 1/2 months, but at least twice each calendar year,\ninspect and test each pressure limiting device, relief valve, pressure\ns functioning properly, is in good mechanical condition, and is adequat\negulator, or other item of pressure control equipment to determine that i\nfrom the standpoint of capacity and reliability of operation for the service\nin which it is used.\nThe Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a) by failing to ensure that\nthe interval for conducting inspections of an overpressure safety device, the LPRV-12 mainline\npressure relief valve on line section 117 at the Phoenix Terminal, did not exceed the 15-month\nlimit. In particular, Kinder Morgan's inspection records reveal that the company inspected the\nLPRV-12 on July 12, 2006, and again on November 30, 2007, an interval of more than 16\nmonths. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Kinder Morgan violated 49 C.F.R. § 195.428(a) by\nfailing to inspect LPRV-12 within the required 15-month time interval.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nThe terms and conditions of this Final Order are effective upon receipt of service.\nMant Math\nMAR 4 2010\nhor: Jeffrey D. Wiese\nDate Issued\nAssociate Administrator\nfor Pipeline Safety\n\n520095020_Final Order_03042010_text.pdf\n\nMAR 4 2010\nMr. Ronald G. McClain\nVice President, Operations and Engineering\nProduct Pipelines\nKinder Morgan Energy Partners\n500 Dallas Street\nSuite 1000\nHouston, TX 77002\nRe: CPF No. 5-2009-5020\nDear Mr. McClain:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $26,300. This is to acknowledge receipt of your\npayment of the full penalty amount, by wire transfer, dated June 1, 2009. This enforcement\naction is now closed. Service of the Final Order by certified mail is deemed effective upon the\ndate of mailing, or as otherwise 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\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 9994]\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. 5-2009-5020\nL.P., )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nFrom October 20, 2008, to November 6, 2008, pursuant to 49 U.S.C. § 60117, representatives of\nthe Arizona Corporation Commission, as agents of the Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Kinder Morgan\nEnergy Partners, L.P. (Kinder Morgan or Respondent) in Colton and Orange, California, and\nPhoenix, Tucson, and Yuma, Arizona. Within Arizona, Kinder Morgan has a total of 566.01\nmiles of active pipeline facilities that transport refined petroleum products through remote desert\nareas and also through populated areas of the Phoenix and Tucson metro areas and the town of\nBenson. This pipeline system also has tank terminals located in Phoenix, Tucson, and Yuma,\nArizona, including breakout tanks and associated facilities at each terminal.\nAs a result of that inspection, the Director, Western Region, OPS (Director), issued to Kinder\nMorgan, by letter dated May 1, 2009, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent\nhad violated 49 C.F.R. § 195.428(a) and proposed assessing a civil penalty of $26,300 for the\nalleged violation.\nKinder Morgan responded to the Notice by letter dated June 2, 2009 (Response). Respondent\ndid not contest the allegation of violation and paid the proposed civil penalty of $ 26,300, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\nFINDING OF VIOLATION\nIn its Response, Kinder Morgan did not contest the allegation of the Notice that it violated\n49 C.F.R. § 195.428(a), as follows:\n\n\n\n2\nThe Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a), which states:\n§ 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall, at intervals not exceeding 15 months, but at least once each calendar\nyear, or in the case of pipelines used to carry highly volatile liquids, at\nintervals not to exceed 7 1/2 months, but at least twice each calendar year,\ninspect and test each pressure limiting device, relief valve, pressure\nregulator, or other item of pressure control equipment to determine that it\nis functioning properly, is in good mechanical condition, and is adequate\nfrom the standpoint of capacity and reliability of operation for the service\nin which it is used.\nThe Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a) by failing to ensure that\nthe interval for conducting inspections of an overpressure safety device, the LPRV-12 mainline\npressure relief valve on line section 117 at the Phoenix Terminal, did not exceed the 15-month\nlimit. In particular, Kinder Morgan’s inspection records reveal that the company inspected the\nLPRV-12 on July 12, 2006, and again on November 30, 2007, an interval of more than 16\nmonths. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Kinder Morgan violated 49 C.F.R. § 195.428(a) by\nfailing to inspect LPRV-12 within the required 15-month time interval.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\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":10644}