{"operation":"document","citation":"CPF 520141004","title":"TRANSCOLORADO GAS TRANSMISSION COMPANY LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-12-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.731(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520141004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520141004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520141004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520141004","body":"Notice of Probable Violation involving TRANSCOLORADO GAS TRANSMISSION COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 192.731(a). The case was opened on 2014-12-08 and is reported as closed as of 2015-04-17. Proposed civil penalty: $33,100. Assessed civil penalty: $33,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520141004_Final Order_04172015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520141004/520141004_Final%20Order_04172015.pdf\n\n520141004_Final Order_04172015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520141004/520141004_Final%20Order_04172015_text.pdf\n\n520141004_NOPV PCP_12082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520141004/520141004_NOPV%20PCP_12082014.pdf\n\n520141004_NOPV PCP_12082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520141004/520141004_NOPV%20PCP_12082014_text.pdf\n\n520141004_Operator Response to Notice_01162015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520141004/520141004_Operator%20Response%20to%20Notice_01162015.pdf\n\n520141004_Final Order_04172015_text.pdf\n\nApril 17, 2015\nMr. Gary Buchler\nVice-President, Operations and Engineering\nKinder Morgan, Inc.\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nRe: CPF No. 5-2014-1004\nDear Mr. Buchler:\nEnclosed please find the Final Order issued to your subsidiary, TransColorado Gas Transmission\nCompany, LLC. It makes findings of violation and assesses a civil penalty of $33,100. This is\nto acknowledge receipt of payment of the full penalty amount, by wire transfer, dated January\n14, 2015. This enforcement action is now closed. Service of the Final Order by certified mail is\ndeemed effective upon the date 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, OPS\nMr. Richard D. Kinder, Chairman of the Board & CEO, Kinder Morgan, Inc.\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nTransColorado Gas Transmission Company, LLC, ) CPF No. 5-2014-1004\na subsidiary of Kinder Morgan, Inc., )\nRespondent. )\n)\n)\n)\n)\nFINAL ORDER\nBetween April 7-11, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of TransColorado\nGas Transmission Company, LLC,’s (TransColorado or Respondent) South Unit, in Grand\nJunction, Colorado. TransColorado, a subsidiary of Kinder Morgan, Inc. (Kinder Morgan), is a\n300-mile natural gas transmission pipeline that runs from the Greasewood area pipeline in Rio\nBlanco County, Colorado, to San Juan County, New Mexico.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated December 8, 2014, a Notice of Probable Violation and Proposed\nCivil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding\nthat TransColorado had violated 49 C.F.R. § 192.731(a) and assessing a civil penalty of $33,100\nfor the alleged violation.\nKinder Morgan responded to the Notice by letter dated January 16, 2015 (Response). The\ncompany did not contest the allegation of violation and paid the proposed civil penalty of\n$33,100, as provided in 49 C.F.R. § 190.227, on January 14, 2015. Payment of the penalty\nserves to close the case with prejudice to the Respondent.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the allegation in the Notice that it violated\n49 C.F.R. Part 192, as follows:\n1 Kinder Morgan, Inc., website, available at:\nhttp://www.kindermorgan.com/pages/business/gas_pipelines/west/TransColorado/default.aspx (last accessed\nFebruary 9, 2015).\n\n\n\nCPF No. 5-2014-1004\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.731(a), which states:\n§ 192.731 Compressor stations: Inspection and testing of relief\ndevices.\n(a) Except for rupture discs, each pressure relieving device in a\ncompressor station must be inspected and tested in accordance with\n§§ 192.739 and 192.743, and must be operated periodically to determine\nthat it opens at the correct set pressure.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.731(a) by failing to inspect and test\nthe relief valve at its Blanco Compressor Station. Specifically, the Notice alleged that\nRespondent’s annual inspection and testing of its relief valve at the station Blanco Compressor\nStation was not performed within the required regulatory interval of once per calendar year but not\nexceeding 15 months, as required under § 192.739(a). The Notice further alleged that according\nto Respondent’s Blanco Compressor Station, Relief Valve Summary Report for Relief Valves,\n1029-2927-RVO, the relief valve was inspected and tested on August 15, 2012, but not again until\nDecember 18, 2013. This exceeds the maximum allowable inspection and test interval by one\nmonth and three days.\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. § 192.731(a) by failing to inspect and\ntest relief valves once per calendar year but not exceeding 15 months.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $33,100 for the violation cited above.\nItem 1: The Notice proposed a civil penalty of $33,100 for Respondent’s violation of 49 C.F.R.\n§ 192.731(a), for failing to inspect and test relief valves once per calendar year but not exceeding\n15 months. Respondent neither contested the allegation nor presented any evidence or argument\njustifying a reduction in the proposed penalty. Accordingly, having reviewed the record and\n\n\n\nCPF No. 5-2014-1004\nPage 3\nconsidered the assessment criteria, including the nature, circumstances, and gravity of the\nviolation, and the degree of Respondent’s culpability, I assess Respondent a civil penalty of\n$33,100 for violation of 49 C.F.R. § 192.731(a), which amount has already been remitted.\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $33,100.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7725}