# SFPP, LP — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

520095020_Final Order_03042010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_Final%20Order_03042010_text.pdf

520095020_FinalOrder_03042010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_FinalOrder_03042010.pdf

520095020_NOPV PCP_05012009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_NOPV%20PCP_05012009.pdf

520095020_NOPV PCP_05012009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_NOPV%20PCP_05012009_text.pdf

520095020_operator response_06022009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095020/520095020_operator%20response_06022009.pdf

520095020_FinalOrder_03042010.pdf

U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Safety Administration
Pipeline and Hazardous Materials
Washington, D.C. 20590
MAR 4 2010
Mr. Ronald G. McClain
Vice President, Operations and Engineering
Product Pipelines
Kinder Morgan Energy Partners
500 Dallas Street
Suite 1000
Houston, TX 77002
Re: CPF No. 5-2009-5020
Dear Mr. McClain:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $26,300. This is to acknowledge receipt of your
payment of the full penalty amount, by wire transfer, dated June 1, 2009. This enforcement
action is now closed. Service of the Final Order by certified mail is deemed effective upon the
date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Mail Way
hall: Jeffrey l
. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc:
Mr. Chris Hoidal, Director, Western Region, PHMSA
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7009 1410 0000 2472 9994]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of
)
)
Kinder Morgan Energy Partners,
CPF No. 5-2009-5020
L.P.,
)
)
Respondent.
)
)
FINAL ORDER
From October 20, 2008, to November 6, 2008, pursuant to 49 U.S.C. § 60117, representatives of
the Arizona Corporation Commission, as agents of the Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Kinder Morgan
Energy Partners, L.P. (Kinder Morgan or Respondent) in Colton and Orange, California, and
Phoenix, Tucson, and Yuma, Arizona. Within Arizona, Kinder Morgan has a total of 566.01
miles of active pipeline facilities that transport refined petroleum products through remote desert
areas and also through populated areas of the Phoenix and Tucson metro areas and the town of
Benson. This pipeline system also has tank terminals located in Phoenix, Tucson, and Yuma,
Arizona, including breakout tanks and associated facilities at each terminal.
As a result of that inspection, the Director, Western Region, OPS (Director), issued to Kinder
Morgan, by letter dated May 1, 2009, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent
had violated 49 C.F.R. § 195.428(a) and proposed assessing a civil penalty of $26,300 for the
alleged violation.
Kinder Morgan responded to the Notice by letter dated June 2, 2009 (Response). Respondent
did not contest the allegation of violation and paid the proposed civil penalty of $ 26,300, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent.
FINDING OF VIOLATION
In its Response, Kinder Morgan did not contest the allegation of the Notice that it violated
49 C.F.R. § 195.428(a), as follows:



2
The Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a), which states:
§ 195.428 Overpressure safety devices and overfill protection systems.
(a) Except as provided in paragraph (b) of this section, each operator
shall, at intervals not exceeding 15 months, but at least once each calendar
year, or in the case of pipelines used to carry highly volatile liquids, at
intervals not to exceed 7 1/2 months, but at least twice each calendar year,
inspect and test each pressure limiting device, relief valve, pressure
s functioning properly, is in good mechanical condition, and is adequat
egulator, or other item of pressure control equipment to determine that i
from the standpoint of capacity and reliability of operation for the service
in which it is used.
The Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a) by failing to ensure that
the interval for conducting inspections of an overpressure safety device, the LPRV-12 mainline
pressure relief valve on line section 117 at the Phoenix Terminal, did not exceed the 15-month
limit. In particular, Kinder Morgan's inspection records reveal that the company inspected the
LPRV-12 on July 12, 2006, and again on November 30, 2007, an interval of more than 16
months. Respondent did not contest this allegation of violation. Accordingly, based upon a
review of all of the evidence, I find that Kinder Morgan violated 49 C.F.R. § 195.428(a) by
failing to inspect LPRV-12 within the required 15-month time interval.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
The terms and conditions of this Final Order are effective upon receipt of service.
Mant Math
MAR 4 2010
hor: Jeffrey D. Wiese
Date Issued
Associate Administrator
for Pipeline Safety

520095020_Final Order_03042010_text.pdf

MAR 4 2010
Mr. Ronald G. McClain
Vice President, Operations and Engineering
Product Pipelines
Kinder Morgan Energy Partners
500 Dallas Street
Suite 1000
Houston, TX 77002
Re: CPF No. 5-2009-5020
Dear Mr. McClain:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $26,300. This is to acknowledge receipt of your
payment of the full penalty amount, by wire transfer, dated June 1, 2009. This enforcement
action is now closed. Service of the Final Order by certified mail is deemed effective upon the
date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Chris Hoidal, Director, Western Region, PHMSA
CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 9994]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
______________________________
In the Matter of )
Kinder Morgan Energy Partners, ) CPF No. 5-2009-5020
L.P., )
)
)
)
Respondent. )
______________________________)
FINAL ORDER
From October 20, 2008, to November 6, 2008, pursuant to 49 U.S.C. § 60117, representatives of
the Arizona Corporation Commission, as agents of the Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Kinder Morgan
Energy Partners, L.P. (Kinder Morgan or Respondent) in Colton and Orange, California, and
Phoenix, Tucson, and Yuma, Arizona. Within Arizona, Kinder Morgan has a total of 566.01
miles of active pipeline facilities that transport refined petroleum products through remote desert
areas and also through populated areas of the Phoenix and Tucson metro areas and the town of
Benson. This pipeline system also has tank terminals located in Phoenix, Tucson, and Yuma,
Arizona, including breakout tanks and associated facilities at each terminal.
As a result of that inspection, the Director, Western Region, OPS (Director), issued to Kinder
Morgan, by letter dated May 1, 2009, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent
had violated 49 C.F.R. § 195.428(a) and proposed assessing a civil penalty of $26,300 for the
alleged violation.
Kinder Morgan responded to the Notice by letter dated June 2, 2009 (Response). Respondent
did not contest the allegation of violation and paid the proposed civil penalty of $ 26,300, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent.
FINDING OF VIOLATION
In its Response, Kinder Morgan did not contest the allegation of the Notice that it violated
49 C.F.R. § 195.428(a), as follows:



2
The Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a), which states:
§ 195.428 Overpressure safety devices and overfill protection systems.
(a) Except as provided in paragraph (b) of this section, each operator
shall, at intervals not exceeding 15 months, but at least once each calendar
year, or in the case of pipelines used to carry highly volatile liquids, at
intervals not to exceed 7 1/2 months, but at least twice each calendar year,
inspect and test each pressure limiting device, relief valve, pressure
regulator, or other item of pressure control equipment to determine that it
is functioning properly, is in good mechanical condition, and is adequate
from the standpoint of capacity and reliability of operation for the service
in which it is used.
The Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.428(a) by failing to ensure that
the interval for conducting inspections of an overpressure safety device, the LPRV-12 mainline
pressure relief valve on line section 117 at the Phoenix Terminal, did not exceed the 15-month
limit. In particular, Kinder Morgan’s inspection records reveal that the company inspected the
LPRV-12 on July 12, 2006, and again on November 30, 2007, an interval of more than 16
months. Respondent did not contest this allegation of violation. Accordingly, based upon a
review of all of the evidence, I find that Kinder Morgan violated 49 C.F.R. § 195.428(a) by
failing to inspect LPRV-12 within the required 15-month time interval.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
The terms and conditions of this Final Order are effective upon receipt of service.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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