{"operation":"document","citation":"CPF 52021028WL","title":"SFPP, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-23","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021028wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021028wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021028wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021028WL","body":"Warning Letter involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2021-06-23 and is reported as closed as of 2021-06-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021028WL_Operator Response to Notice_07192021_(21-214001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021028WL/52021028WL_Operator%20Response%20to%20Notice_07192021_(21-214001).pdf\n\n52021028WL_Warning Letter_06232021_(21-214001).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021028WL/52021028WL_Warning%20Letter_06232021_(21-214001).pdf\n\n52021028WL_Warning Letter_06232021_(21-214001)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021028WL/52021028WL_Warning%20Letter_06232021_(21-214001)_text.pdf\n\n52021028WL_Warning Letter_06232021_(21-214001)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. DAX SANDERS\nJune 23, 2021\nMr. Dax Sanders\nPresident, Products Pipelines\nKinder Morgan\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2021-028-WL\nDear Mr. Sanders:\nFrom November 2 through 20, 2020, a representative of the Arizona Corporation Commission, Office of\nPipeline Safety (AZOPS), on behalf of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Kinder Morgan’s Santa\nFe Pacific Pipeline (SFPP) systems in Phoenix and Tucson, Arizona.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and appropriate changes\nmade as necessary to insure that the manual is effective. This manual shall be prepared\nbefore initial operations of a pipeline system commence, and appropriate parts shall be kept\nat locations where operations and maintenance activities are conducted.\nSFPP failed to prepare and follow for each pipeline system a manual of written procedures for conducting\nnormal operations and maintenance activities and for handling abnormal operations and emergencies.\nSpecifically, SFPP did not follow its written procedure L-O&M 003 for periodically reviewing the work\ndone by its personnel to determine the effectiveness of the procedures used in normal operation and\nmaintenance and taking corrective action where deficiencies are found, pursuant to § 195.402(c)(13). At\nthe time of inspection, there were no records or other evidence to demonstrate that the company\nundertook this review.\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related series\nof violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the maximum\npenalty may not exceed $222,504 per violation per day the violation persists, up to a maximum of\n$2,225,034 for a related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation occurring on or\nafter November 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the items identified in this letter. Failure to do so will result in Kinder Morgan being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-\n2021-028-WL. Be advised that all material you submit in response to this enforcement action is subject\nto being made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nEric Villa, Program Manager, Arizona Corporation Commission Gas Safety\nSteve Standley, Compliance Specialist, Kinder Morgan (Products Pipelines)\n2","truncated":false,"body_characters":5384}