{"operation":"document","citation":"CPF 520175012W","title":"CALNEV PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-07-06","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520175012W","body":"Warning Letter involving CALNEV PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2017-07-06 and is reported as closed as of 2017-07-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520175012W_Operator Response to Notice_08102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175012W/520175012W_Operator%20Response%20to%20Notice_08102017.pdf\n\n520175012W_Warning Letter_07062017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175012W/520175012W_Warning%20Letter_07062017.pdf\n\n520175012W_Warning Letter_07062017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175012W/520175012W_Warning%20Letter_07062017_text.pdf\n\n520175012W_Warning Letter_07062017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 6, 2017\nMr. Steven Kean\nPresident and CEO\nKinder Morgan\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002\nCPF 5-2017-5012W\nDear Mr. Kean:\nOn several occasions between September 7, 2016 and November 18, 2016, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), pursuant to Chapter 601 of 49 United States Code, inspected your CALNEV\nPipeline (CALNEV)’s plans and records for operations and maintenance and conducted a\nfield evaluation of the pipeline systems from Colton, California to Las Vegas, Nevada.1\nAs a result of the inspection, it is alleged that CALNEV has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are:\n1 CALNEV Pipeline is a subsidiary of Kinder Morgan.\n\n\n\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nCALNEV did not follow its written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies as specified in Kinder\nMorgan’s L-O&M. The following is a specific example where Kinder Morgan failed to follow\nits Kinder Morgan L-O&M. Kinder Morgan’s L-O&M 301 ‘Inspection and Servicing Pipeline\nValves’, Section 3.4 states in part,\nAt minimum, mainline block valve inspection will include checking\nthe signs and emergency phone number posted and for vegetation at\nthe valve location.\nAt the time of PHMSA inspection, CALNEV failed to follow their written procedures for\nmaintaining valve inspection in accordance with §§195.402(b) and 195.420(a). CALNEV’s\nvalve inspection records did not have any indications or remarks that signs, emergency phone\nnumber posted and condition of vegetation at the valve location had been inspected.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nCALNEV did not follow its written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies as specified in Kinder\nMorgan’s L-O&M. The following is a specific example where Kinder Morgan failed to follow\nits Kinder Morgan L-O&M. Kinder Morgan’s L-O&M 112, ‘Inspection, Testing\nand Maintenance for Fire Protection Systems and Features’(Procedures), Section 3.8.1.3 states in\npart,\nInspect all wheeled and portable fire extinguishers monthly (Note:\nSome jurisdictions require certifications to perform monthly\ninspections). Enter the inspection date on the extinguisher’s inspection\ntag or on a fire extinguisher form.\nAt the time of PHMSA inspection, CALNEV failed to follow their written procedures for\nmaintaining firefighting equipment inspection in accordance with §§195.402(b) and 195.430.\n\n\n\nThe PHMSA inspector found three (3) fire extinguishers at Cajon Pump Station that did not have\nthe extinguishers’ inspection tag punched with the correct month of April to October 2016 so as\nto indicate that the inspections had been performed.2\nAs of April 27, 2017, under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil\npenalty not to exceed $209,002 per violation per day the violation persists up to a maximum of\n$2,090,022 for a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in CALNEV Pipeline being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2017-5012W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nHuy Nguyen\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Garcia (#154376 and #154377)\n2 After the inspection, on December 6, 2016, CALNEV submitted to the PHMSA inspector a copy of an inspection\nform called “Remote Facility Weekly Checklist”. In that checklist specific items like housekeeping, rectifier\nlogbook, oil levels, fire extinguishers, etc. were checked.\nHowever, while the checklist indicated that fire extinguishers at Cajon Pump Station had been checked every month\nfrom 2014 to 2016, the checklist did not specifically identify the number or ID of the fire extinguishers that had been\ninspected.\nAdditionally, on December 22, 2016, CALNEV confirmed to the PHMSA inspector that they don’t use the\nL_OM100-56 form to document monthly fire extinguishers inspections and that CALNEV currently use the metallic\ntags to document the inspections.","truncated":false,"body_characters":7272}