# SFPP, LP — Safety Order

- **operation:** document
- **citation:** CPF 52021056NOPSO
- **title:** SFPP, LP — Safety Order
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2021-10-21
- **effective on:** Not available
- **summary:** CLOSED safety order.
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/52021056NOPSO
**body:**

Safety Order involving SFPP, LP. The dataset does not identify a cited regulation for this case. The case was opened on 2021-10-21 and is reported as closed as of 2025-04-02. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

52021056NOPSO_Closure Letter_04022025_(21-210445).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021056NOPSO/52021056NOPSO_Closure%20Letter_04022025_(21-210445).pdf

52021056NOPSO_Closure Letter_04022025_(21-210445)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021056NOPSO/52021056NOPSO_Closure%20Letter_04022025_(21-210445)_text.pdf

52021056NOPSO_Consent Agreement and Order_03152024_(21-210445).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021056NOPSO/52021056NOPSO_Consent%20Agreement%20and%20Order_03152024_(21-210445).pdf

52021056NOPSO_Consent Agreement and Order_03152024_(21-210445)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021056NOPSO/52021056NOPSO_Consent%20Agreement%20and%20Order_03152024_(21-210445)_text.pdf

52021056NOPSO_Notice of Proposed Safety Order_10212021_(21-210445).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021056NOPSO/52021056NOPSO_Notice%20of%20Proposed%20Safety%20Order_10212021_(21-210445).pdf

52021056NOPSO_Notice of Proposed Safety Order_10212021_(21-210445)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021056NOPSO/52021056NOPSO_Notice%20of%20Proposed%20Safety%20Order_10212021_(21-210445)_text.pdf

52021056NOPSO_Closure Letter_04022025_(21-210445)_text.pdf

VIA ELECTRONIC MAIL TO: Joshua etzel@kindermorgan.com
April 2, 2025
Mr. Joshua Etzel
Chief Operating Officer
Kinder Morgan Products Pipelines
1001 Louisiana Street, Suite 1000
Houston, Texas 77002
CPF 5-2021-056-NOPSO
Case Closure
Dear Mr. Etzel:
On March 15, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued a Consent Order and Consent Agreement (Agreement) that required Kinder Morgan Inc.
(KMI) to implement certain corrective measures to address the safety concerns with hazardous
liquid segments in Alabama, Arizona, California, Georgia, Florida, Louisiana, Michigan,
Mississippi, Nevada, New Mexico, North Carolina, Oregon, Texas, and Virginia.
Based on a review of required submittals from KMI, PHMSA has determined that KMI has
successfully completed the terms of the Consent Agreement and this case is now closed with no
further enforcement action with respect to the matters involved in this case. Thank you for your
cooperation in this matter.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 D. Fehling (#21-210445)
Zach Ragain Director – Engineering, Codes and Standards, KMI

52021056NOPSO_Consent Agreement and Order_03152024_(21-210445)_text.pdf

March 15, 2024
VIA ELECTRONIC MAIL TO: wayne simmons@kindermorgan.com
Wayne Simmons
Chief Operating Officer, Products Pipelines
Kinder Morgan, Inc.
1001 Louisiana Street, Suite 1000
Houston, Texas 77002
CPF No. 5-2021-056-NOPSO
Dear Mr. Simmons:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement
between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Kinder
Morgan, Inc., which was executed on March 4, 2024. Service of the Consent Order and Consent
Agreement by electronic mail is deemed effective upon the date of transmission and
acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures: Consent Order and Consent Agreement
cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Zach Ragain, Director, Engineering, Codes and Standards, Kinder Morgan, Inc.,
zach_ragain@kindermorgan.com
Ms. Annie Cook, Esq., Outside Counsel for Kinder Morgan, Inc., Bracewell LLP,
annie.cook@bracewell.com
Ms. Jessica Toll, Esq., Assistant General Counsel, Kinder Morgan, Inc.,
jessica_toll@kindermorgan.com
CONFIRMATION OF RECEIPT REQUESTED



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, Inc., ) CPF No. 5-2021-056-NOPSO
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated October 21, 2021, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS or Agency), issued a Notice of Proposed Safety Order
(Notice) to Kinder Morgan, Inc. (KMI or Respondent).
In accordance with 49 C.F.R. § 190.239, the Notice alleged that conditions appear to exist on
certain pipeline facilities operated by Respondent that pose pipeline integrity risk to public
safety, property, or the environment. The Notice also proposed that Respondent take certain
corrective measures to remedy the alleged conditions and ensure that the public, property, and
the environment are protected from the potential risk.
In response to the Notice, Respondent timely requested an informal consultation. During the
informal consultation meetings from December 2021 to January 2024, the parties engaged in
good-faith discussions that have resulted in the Consent Agreement attached to this Consent
Order that settles all of the allegations in the Notice.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. The respondent is hereby ordered to comply with the terms of the Consent
Agreement, effective immediately.
Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in
the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49 C.R.F. § 190.223, or in
the referral to the Attorney General for appropriate relief in a district court of the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 C.F.R. § 190.5.
March 15, 2024
_____________________________ ______________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
Kinder Morgan, Inc., Respondent.
CPF No. 5-2021-056-NOPSO
On October 21, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA),
Office of Pipeline Safety, issued a Notice of Proposed Safety Order (Notice) to Kinder Morgan,
Inc. (KMI or Respondent). Following an internal audit of its liquid integrity management program,
KMI voluntarily notified PHMSA on April 7, 2021, that it had discovered anomalies that were not
evaluated and remediated within 180 days based on application of 49 C.F.R. §
195.452(h)(4)(iii)(H).1 PHMSA issued the Notice after it initiated an investigation of applicable
hazardous liquid pipeline segments in Alabama, Arizona, California, Georgia, Florida, Louisiana,
Michigan, Mississippi, Nevada, New Mexico, North Carolina, Oregon, Texas, and Virginia.
At the time that KMI received the final relevant inline inspection (ILI) data, KMI did not consider
these conditions to qualify as corrosion of or along a longitudinal seam weld that required
excavation or repair within 180 days through application of its integrity management program
(IMP). KMI submitted an integrity assurance notification to PHMSA and relevant certified state
agencies on May 20, 2021, regarding up to 2,715 anomalies on certain products pipelines, which
was subsequently updated in August 2021 to include an additional 581 anomalies.2 Since learning
of the issue and in coordination with PHMSA, KMI has prioritized excavation and remediation of
the applicable anomalies based on risk and has less than 5% anomalies remaining.3 Until it could
complete relevant repairs, KMI also implemented pressure restrictions, aerial or ground right of
way patrols, and/or continued implementation of its corrosion control program with remote
monitoring and alert tracking of select locations and systems.
The Notice alleged that the anomalies must be remediated and that they could worsen and impair
the serviceability of the pipelines if left unaddressed or could develop on other areas. Specifically,
CONSENT AGREEMENT
1E.g., PHMSA Interpretation issued to Plains Pipeline, PI-17-0014 (Apr. 26, 2018).
2 In an abundance of caution, KMI’s integrity assurance notifications were over inclusive as the anomalies reported
by KMI and referenced in the Notice included some anomalies which Kinder Morgan had already evaluated and
remediated.
3 Among the over 95% of completed anomaly repairs, KMI reports it has completed repair of all anomalies with metal
loss depth greater than 40% with a Type B Sleeve or through pipe replacement.



PHMSA alleged that the depth and length of the anomalies, combined with the known
manufacturing processes of the seam type of the pipelines, pose a potential pipeline integrity risk
to public safety, property, or the environment. The Notice proposed that Respondent take certain
corrective measures to remedy the alleged conditions and ensure that the public, property, and the
environment are protected from potential risk.
On November 18, 2021, KMI responded to the Notice by timely submitting a request for an
informal consultation. More than a dozen informal consultations were held virtually from
December 14, 2021, to April 20, 2023. Through the course of informal consultation and in
coordination with PHMSA, KMI excavated and remediated more than 95% of anomalies through
installation of Type B sleeves or pipe replacement; among these repairs, KMI has completed repair
of all anomalies with metal loss depth greater than 40%. With courtesy notifications to PHMSA
and PHMSA’s express agreement, KMI has returned over 86% of the relevant pipeline segments
to normal operating pressure and patrol frequencies once repairs were complete.
As a result of informal consultations, PHMSA and KMI (collectively, the Parties) agreed that
settlement of this proceeding will avoid further administrative proceedings or litigation and that
entry into this Consent Agreement (Agreement) is the most appropriate means of resolving the
issues raised in the Notice. Pursuant to 49 C.F.R. Part 190, without adjudication of any issue of
fact or law, and upon consent and agreement of the Parties, KMI and PHMSA hereby agree as
follows.
I. General Provisions
1. Respondent acknowledges that as the operator of hazardous liquid pipeline facilities in
Alabama, Arizona, California, Georgia, Florida, Louisiana, Michigan, Mississippi, Nevada, New
Mexico, North Carolina, Oregon, Texas, and Virginia, Respondent is subject to the jurisdiction of
the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it
received proper notice of PHMSA’s action in this proceeding and that the Notice states claims
upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and
orders issued thereunder.
2. Except as set forth herein, this Agreement does not constitute a finding of violation of any
Federal law or regulation and may not be used in any civil or administrative proceeding of any
kind as evidence or proof of any fact, fault, or liability, or as evidence of the violation of any law,
rule, regulation or requirement, except in a proceeding to enforce the provisions of this Agreement
or in future PHMSA enforcement actions. Respondent neither admits nor denies any allegation or
conclusion in the Notice or this Agreement, but agrees, for purposes of this Agreement, to address
the actions specified in Section III of this Agreement (Corrective Measures) and to abide by the
terms of this Agreement.
3. After Respondent returns this signed Agreement to PHMSA, an agency representative will
present it to the Associate Administrator for Pipeline Safety recommending that the Associate
Administrator adopt the terms of this Agreement by issuing an administrative order (Consent
Order) incorporating the terms of this Agreement. The terms of this Agreement constitute an offer



of settlement until accepted by the Associate Administrator. Once accepted, the Associate
Administrator will issue a Consent Order incorporating the terms of the Agreement.
4. Respondent consents to the issuance of the Consent Order that is consistent with this
Agreement, and hereby waives any further procedural requirements with respect to its issuance.
Respondent waives all rights to contest the adequacy of notice, or the validity of the Consent Order
or this Agreement, including all rights to administrative or judicial hearings or appeals in this case,
except as set forth herein.
5. This Agreement shall apply to and be binding upon PHMSA, and upon Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent's officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
6. For all transfers of ownership or operating responsibility of KMI’s pipeline segments
subject to this Agreement which occur while this Agreement is in effect, Respondent will provide
a copy of this Agreement to the prospective transferee at least 30 days prior to such transfer. KMI
will provide written notice of the transfer to the PHMSA Western Region Director (Director) no
later than 60 days after the transfer occurs. Upon notice to PHMSA, the transferee will be
responsible for compliance with the obligations in this Agreement, as the owner and operator of
the relevant pipeline segments, instead of KMI.
7. This Agreement constitutes the final, complete, and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement. The
Parties acknowledge that there are no representations, agreements or understandings relating to
settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
8. Nothing in this Agreement affects or relieves Respondent of its responsibility to comply
with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq.,
and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's right
of access, entry, inspection, and information gathering or PHMSA's authority to bring enforcement
actions against Respondent pursuant to the Federal pipeline safety laws, the regulations and orders
issued thereunder, or any other provision of Federal or State law.
9. This Agreement does not waive or modify any Federal, State, or local laws or regulations
that are applicable to Respondent's pipeline systems. This Agreement is not a permit, or a
modification of any permit, under any Federal, State, or local laws or regulations. Respondent
remains responsible for achieving and maintaining compliance with all applicable Federal, State,
and local laws, regulations and permits. Respondent agrees that the activities to be performed pursuant to
Section III may go beyond the minimum federal pipeline safety regulations.
10. This Agreement does not create rights in, or grant any cause of action to, any third party
not party to this Agreement. The U.S. Department of Transportation is not liable for any injuries
or damages to persons or property arising from acts or omissions of Respondent or its officers,
employees, or agents carrying out the work required by this Agreement. Respondent agrees to



hold harmless the U.S. Department of Transportation, its officers, employees, agents, and
representatives from any and all causes of action arising from any acts or omissions of Respondent
or its contractors in carrying out any work required by this Agreement.
11. Upon issuance of the Consent Order, the Parties agree to the following terms.
II. Definitions
12. “Affected Anomalies” means seam weld metal loss anomalies subject to the Notice that
have not been excavated and remediated as of the Effective Date of this Agreement, set forth in
Appendix A.
13. The “Director” means the Director, Pipeline and Hazardous Material Safety
Administration, Office of Pipeline Safety, Western Region.
14. “Effective Date” means the date the Consent Order is issued.
15. "Interim Safety Measures” means the temporary pressure restrictions, additional right of
way patrols, and other mitigative measures previously agreed to by the parties set forth in
Appendix B.
III. Corrective Measures
16. Prioritization Schedule. KMI shall prioritize the Affected Anomalies for repair
expeditiously based on location, completion of relevant permitting and approvals, and as crews are
available. KMI must complete repair of Affected Anomalies on or before July 31, 2024, unless
extended and/or KMI has applied for a special permit per Paragraph 20.
17. Repairs. Respondent must repair the Affected Anomalies in accordance with the approved
remedial work plan described in Paragraph 19 with Type B Sleeves pursuant to ASME-B31.4-
2006 – Table 451.6.2(b)(1) or, alternatively, must replace the relevant pipe segment(s), unless
addressed pursuant to Paragraph 20.
18. Interim Safety Measures. Respondent must maintain Interim Safety Measures, including
temporary pressure restrictions where applicable, on pipeline segments set forth in Appendix B
until such time that the Affected Anomalies are repaired pursuant to Paragraph 17 or PHMSA has
granted a special permit pursuant to Paragraph 20 which Respondent is implementing. Once
Respondent has remediated the Affected Anomalies pursuant to Paragraph 17 or is implementing
a special permit pursuant to Paragraph 20 on the relevant pipeline segment(s) in Appendix B, KMI
must notify the Director in writing to request that the Interim Safety Measures be lifted.
19. Work Plan. Respondent must implement the written remedial work plan that includes the
corrective measures set forth in this Agreement in paragraphs 16, 17, 18, 21, and 23, and which
has been previously approved by the Director. KMI must:



A. Revise the remedial work plan as necessary to incorporate new information
obtained during the evaluations and associated remedial activities. Submit any such
plan revisions in writing to the Director for prior approval. The Director may approve
plan elements incrementally. The remedial work plan is incorporated into the
Agreement.
B. Implement the remedial work plan as approved by the Director, including any
revisions to the plan.
C. Make the results of the inspections, field excavations, and evaluations performed
under the remedial work plan available to PHMSA or its representative upon
request.
20. Special Permits. In lieu of repair under Paragraph 17, Respondent may submit a special
permit application to address Affected Anomalies to PHMSA pursuant to 49 C.F.R. § 190.341.
Respondent must submit such special permit applications to PHMSA on or before March 31, 2024,
and must respond to information requests made by PHMSA pursuant to such applications within
30 days of each request. The status of special permit applications filed by Respondent to address
Affected Anomalies under this Agreement must be included in the quarterly reports (see Paragraph
24). For any special permit applications filed to address Affected Anomalies under this
Agreement, Respondent agrees to cooperate fully in the special permit process per 49 C.F.R. §
190.341. If any special permit application under this Agreement is denied by PHMSA or
withdrawn by Respondent, Respondent must repair the Affected Anomalies pursuant to Paragraph
17 within 180 days of the denial/withdrawal of the special permit request, as extended pursuant to
this Agreement, including but not limited to Paragraphs 25, 31, 32, and 33.
21. Close Interval Surveys. KMI must conduct an “on and off” current Close Interval Survey
(CIS) at a maximum 5-foot spacing along the entire length of each Affected Anomaly within 6
months of the Effective Date, as described below:
A. KMI must evaluate each Affected Anomaly area in accordance with 49 C.F.R. §§
195.571 and 195.573(a)(2), and accomplish the objectives of Paragraph 10.1.1.3 of
NACE SP 0169.
B. For inadequate cathodic protection (CP) level determination, KMI must conduct a
CIS in both directions (a minimum of 1,000 feet) from the Affected Anomaly and
until the CIS ends at test stations with adequate cathodic protection (CP) levels.
C. KMI must remediate any findings within 12 months of completion of the CIS.
D. A CIS will not be required where inadequate potentials are a result of an electrical
short to an adjacent foreign structure, a rectifier malfunction, an interruption of
power source, or an interruption of CP current. KMI must document and repair
these instances.



22. Guidance Materials Review. Respondent will use its Monthly Regulatory Verification tool
and process to track PHMSA pipeline safety guidance materials published in the Federal Register,
including frequently asked questions, advisory bulletins, and other guidance documents.
Respondent must prepare a written report summarizing its process and send it to the Director
within 90 days of the Effective Date.
23. Historical Records Review. During implementation of the remedial work plan, Respondent
will compare and validate findings in the field per § 195.452(g)(1)(i-ii) with pipeline records and
update those records as needed where they conflict with field findings with respect to material
records, pressure test records, diameter, wall thickness, seam type, and coating type. Where pipe
specified minimum yield strength is unknown, Respondent will validate yield strength through
destructive or non-destructive testing. Respondent will utilize destructive testing as the validation
method when pipe is removed and replaced, and non-destructive testing when repair is completed
with a Type B Sleeve. Non-destructive testing will be performed based on availability of crews
and equipment pursuant to the spacing requirements of 192.607(c)-(e). Destructive testing will be
performed with tensile testing.
24. Quarterly Reports. Respondent will submit quarterly reports to the Director that: (1)
include results of the testing required by this Agreement; and (2) describe the progress of the
repairs and other remedial actions being undertaken as required by this Agreement. The first report
will be due 45 days from the Effective Date.
25. Extensions of Time. The Director may grant an extension of time for compliance with any
of the terms of the Agreement upon a written request timely submitted demonstrating good cause
for an extension. The Director shall respond in writing to any such request.
26. Appeals. Respondent may appeal any decision of the Director to the Associate
Administrator for Pipeline Safety. Decisions of the Associate Administrator will be final.
IV. Review and Approval Process
27. With respect to any submission under Section III (Corrective Measures) of this Agreement
that requires the approval of the Director, the Director may: (a) approve, in whole or in part, the
submission, (b) approve the submission on specified, reasonable conditions, (c) disapprove, in
whole or in part, the submission, or (d) any combination of the foregoing. If the Director approves,
approves in part, or approves with conditions, KMI will take all action as approved by the Director,
subject to Respondent's right to invoke the dispute resolution procedures in Section V with respect
to any conditions the Director identifies. If the Director disapproves all or any portion of the
submission, the Director will provide KMI with a written notice of the deficiencies. Respondent
will correct all deficiencies within a reasonable time specified by the Director and resubmit it for
approval.
V. Dispute Resolution
28. The Director and KMI will informally attempt to resolve any disputes arising under this
Agreement. If Respondent and the Director are unable to informally resolve the dispute within 15



calendar days of submittal of Respondent's invoking dispute resolution, KMI may request in
writing, within 10 days thereafter, a written determination resolving the dispute from the Associate
Administrator for Pipeline Safety providing all information that Respondent believes is relevant
to the dispute. If the request is submitted as provided herein, the Associate Administrator will
issue a final determination in writing, which constitutes final Agency action. The existence of a
dispute and PHMSA's consideration of matters placed in dispute will not excuse, toll, or suspend
any term or timeframe for completion of any work to be performed under this Agreement during
the pendency of the dispute resolution process, except as agreed by the Director or the Associate
Administrator in writing.
VI. Enforcement
29. This Agreement, as adopted by the Consent Order, is subject to all enforcement authorities
available to the PHMSA under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190. All procedures
set forth or referenced in Section III will be automatically incorporated into this Agreement and
are enforceable in the same manner.
VII. Recordkeeping and Information Disclosure
30. Unless otherwise required in this Agreement, KMI agrees to maintain records
demonstrating compliance with all requirements of this Agreement for a period of at least 5 years
following completion of all work to be performed. For any reports, plans, or other deliverables
required to be submitted to PHMSA pursuant to this Agreement, KMI may assert a claim of
business confidentiality or other protections applicable to the release of information by PHMSA,
covering part or all of the information required to be submitted to PHMSA pursuant to this
Agreement in accordance with 49 C.F.R. Part 7. KMI must mark the claim of confidentiality in
writing on each page and include a statement specifying the grounds for each claim of
confidentially. PHMSA will determine the release of any information submitted pursuant to this
Agreement in accordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552,
DOT and PHMSA policies, and other applicable regulations and Executive Orders.
VIII. Force Majeure
31. Respondent agrees to perform the terms of this Agreement within the timeframes
established under the remedial work plan, including pursuant to extensions under Paragraph 25 or
modifications under Paragraph 34, unless performance is delayed by a force majeure. For purposes
of this Agreement, a force majeure is defined as an event arising from causes beyond the control
of the Respondent, or any entity controlled by Respondent or Respondent’s contractors, which
delays or prevents performance of any obligation under the Agreement despite Respondent’s
commercially reasonable efforts to fulfill the obligation.
32. If a force majeure event occurs or has occurred that may delay the performance of a term
of this Agreement beyond the approved timeframe, Respondent shall notify the Director in writing,
within 5 business days of when Respondent knew that the event might cause a delay. Such notice
shall identify the cause of the delay or anticipated delay and the anticipated duration of the delay;
state the measures taken or to be taken to prevent or minimize the delay; and estimate the timetable



for implementation of those measures. Failure to comply with the notice provision of this
paragraph and to undertake reasonable efforts to avoid and minimize the delay shall waive a claim
of force majeure by Respondent.
33. If the Director determines, upon notification by Respondent, that a delay or anticipated
delay in performance is or was attributable to a force majeure, then the Director will extend the
time period for the performance of that term for a reasonable period. The Director will notify
Respondent, in writing, of the length of any extension of performance of such terms affected by
the force majeure. Any such extensions shall not alter Respondent’s obligation to perform or
complete other terms of this Agreement which are not affected by the force majeure.
IX. Modification
34. The terms of this Agreement may be modified by mutual agreement of the Parties. Such
modifications must be in writing and signed by both parties.
X. Termination
35. This Agreement will terminate upon submission, approval where specified, and completion
of the deliverables set forth in Section III. Specifically, once Respondent has completed the repair
or replacement pursuant to Paragraph 17 or obtained a special permit pursuant to Paragraph 20 for
the Applicable Anomalies and completed the obligations in Section III, this Agreement will
terminate. Nothing in this Agreement prevents KMI from completing any of the obligations earlier
than the deadlines provided for in this Agreement.
XI. Ratification
36. The Parties' undersigned representatives certify that they are fully authorized to enter into
the terms and conditions of this Agreement and to execute and legally bind such party to this
document.
37. The Parties hereby agree to all conditions and terms of this Agreement.



For Respondent:
_________________________________________
Wayne G. Simmons
Chief Operating Officer – Product Pipelines
Kinder Morgan, Inc.
Date: _________________________
For PHMSA:
_________________________________________
Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Date: _________________________

52021056NOPSO_Notice of Proposed Safety Order_10212021_(21-210445)_text.pdf

VIA E-MAIL TO MR. WAYNE SIMMONS
October 21, 2021
Mr. Wayne Simmons
Chief Operating Officer
Kinder Morgan, Inc.
1001 Louisiana Street, Suite 1000
Houston, Texas 77002
CPF 5-2021-056-NOPSO
Dear Mr. Simmons:
Enclosed is a Notice of Proposed Safety Order (Notice) issued in the above-referenced case.
The Notice proposes that you take certain measures with respect to your various hazardous
liquid pipeline assets in Alabama, Arizona, California, Georgia, Florida, Louisiana, Michigan,
Mississippi, Nevada, New Mexico, North Carolina, Oregon, Texas, and Virginia to ensure
pipeline safety.1 Your options for responding are set forth in the Notice. Your receipt of the
Notice constitutes service of that document under 49 C.F.R. § 190.5.
PHMSA appreciates the company’s initial disclosure and the cooperation to date regarding
measures taken and we look forward to a successful resolution to ensure pipeline safety. Please
direct any questions on this matter to me at 720-963-3160.
Sincerely,
Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
Enclosure: Notice of Proposed Safety Order
1 The OPIDs for these assets are: 2190 (Central Florida Pipeline Corp.); 4472 (Cypress Interstate Pipeline LLC);
15674 (Products (SE) Pipe Line Corp.); 18092 (Santa Fe Pacific Pipeline Partners, LP); 26125 (CALNEV); 39518
(Kinder Morgan Utopia, LLC); and 31957 (Kinder Morgan Wink Pipeline LLC).



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WESTERN REGION
LAKEWOOD, CO 80228
____________________________________
)
In the Matter of )
)
Kinder Morgan, Inc., ) CPF No. 5-2021-056-NOPSO
)
Respondent. )
____________________________________)
NOTICE OF PROPOSED SAFETY ORDER
Background and Purpose
Pursuant to Chapter 601 of title 49, United States Code, the Pipeline and Hazardous Materials
Safety Administration (PHMSA) has initiated an on-site inspection and information review of
the safety of Kinder Morgan Inc.’s (KMI) hazardous liquid pipeline assets located in Alabama,
Arizona, California, Georgia, Florida, Louisiana, Michigan, Mississippi, Nevada, New Mexico,
North Carolina, Oregon, Texas, and Virginia to ensure pipeline safety.
As a result of the inspection and information review, it appears that a condition or conditions
exist on your pipeline facilities that pose a pipeline integrity risk to public safety, property or the
environment. Pursuant to 49 U.S.C. § 60117(m), PHMSA issues this Notice of Proposed Safety
Order (Notice), notifying you of the preliminary findings of the investigation, and proposing that
you take measures to ensure that the public, property, and the environment are protected from the
potential risk.
Preliminary Findings
• The following operators are subject to the terms and conditions of this Notice:2
1. OPID 2190: Central Florida Pipeline Corp.
2. OPID 4472: Cypress Interstate Pipeline LLC
3. OPID 15674: Products (SE) Pipe Line Corporation
4. OPID 18092: SFPP, LP
5. OPID 26125: CALNEV Pipeline Co.
6. OPID 39518: Kinder Morgan Utopia, LLC
7. OPID 31957: Kinder Morgan Wink Pipeline LLC
2 All of these operators are subsidiaries of Kinder Morgan, Inc.



2
• In November 2020, KMI conducted an audit of its liquid integrity management program,
and discovered that it missed the time period to remediate approximately 2,700 anomalies
occurring on or along the longitudinal seam welds across various liquid pipeline assets
traversing high consequence areas (HCAs) or HCA could-affect areas in numerous
states.3 49 C.F.R. § 195.452(h) requires operators to take prompt action to address all
anomalous conditions in the pipeline that the operator discovers through the integrity
assessment or information analysis, and prescribes timelines for scheduling and repairing
certain conditions.4 Although KMI’s in-line inspection reports identify these anomalies
as 180-day conditions pursuant to § 195.452(h)(4)(iii), it is unclear at this time if all these
anomalies qualify as 180-day conditions, or if some anomalies may in fact be 60-day or
immediate repair conditions based on future confirmation digs.
• On April 7, 2021, KMI notified PHMSA of the unremediated anomalies and explained
the steps it was taking to gather additional information to complete its internal review.
Since that time, PHMSA has requested additional information from the company,
including, for example, the sizes and locations of each unremediated anomaly, and
various information on the physical attributes of each affected pipeline segment. This
information is contained in two spreadsheets provided by KMI, dated August 4, 2021
and August 27, 2021, and is attached at Exhibit 1.
• On May 20, 2021, pursuant to 49 C.F.R. § 195.452(h)(1)(i), KMI notified PHMSA that
it was unable to complete the remediation of approximately 2,715 anomalies that
qualified as 180-day repair conditions on certain products pipelines within the schedule
under 49 C.F.R. § 195.452(h)(4)(iii)(H). KMI reported that it was in the process of
prioritizing repairs for remediation and conducting certain repairs in 2021. KMI also
reported to PHMSA that it had implemented weekly aerial right-of-way patrols and
continued implementation of its corrosion control program, including remote monitoring
and alert tracking of select locations and systems.
• In a June 16, 2021 and August 13, 2021 meeting with KMI, PHMSA was informed that
KMI had instituted 20% pressure restrictions for the majority of the impacted pipelines.
KMI explained that for a small number of pipeline segments, it was determined that 20%
pressure reductions would not provide a safety benefit or a material margin of safety and
would otherwise have a detrimental impact on key geographical areas (including critical
3 This included anomalies located on intrastate assets operated by: (1) Kinder Morgan Crude and Condensate LLC;
and (2) Double Eagle Pipeline LLC. These assets are not subject to the safety oversight of PHMSA and are
regulated by the Texas Railroad Commission.
4 See, e.g., 49 C.F.R. § 195.452(h)(4)(iii)(E) (requiring operators to schedule evaluation and remediation of an area
of general corrosion with a predicted metal loss greater than 50% of nominal wall within 180 days of discovery of
the qualifying condition); see also 49 C.F.R. § 195.452(h)(4)(iii)(F) (requiring operators to schedule evaluation and
remediation of predicted metal loss greater than 50% of nominal wall that is located at a crossing of another
pipeline, or is in an area with widespread circumferential corrosion, or is in an area that could affect a girth weld
within 180 days of discovery of the qualifying condition); see also 49 C.F.R. § 195.452(h)(4)(iii)(H) (requiring
operators to schedule evaluation and remediation of corrosion of or along a longitudinal seam weld within 180 days
of discovery of the qualifying condition).



3
resources in the communities served). In those instances, KMI conducted twice-weekly
aerial or ground patrols (weather permitting) and/or a 10% pressure reduction.
• On August 17, 2021, KMI notified PHMSA that it made repairs on one pipeline segment
(the Cypress Mont Belvieu to Spindletop interstate pipeline segment) and had identified
an additional interstate pipeline in Texas with unremediated anomalies (Kinder Morgan
Wink Pipeline LLC).
• As of the date of this Notice, there are now approximately 3,261 unremediated anomalies.
KMI has reported to PHMSA that it has repaired approximately 12% of the reported
anomalies.
• The pipe characteristics of each impacted segment are noted below, organized by OPID:
Central Florida Pipeline Coppe
Segment Age
Diameter
Wall
(yrs)
(SMYS)
Grade
Thickness
Seam Type
Coating
(inch)
MOP/Design
Pressure (psig)
(inch)
ITE
48
8.625
(psig)
35000
0.250
Other (ERW-HF/
Coal Tar
285/1461
10"
49
10.75
60000
0.203
DSAW)
Other (ERW-HF/
Xtru
1423/1632
mainline
10"
49
10.75
60000
0.279
DSAW)
mainline
Other (ERW-HF/
Xtru
1423/2242
10"
49
10.75
60000
DSAW)
mainline
0.188
Other (ERW-HF/
Xtru
1423/1511
mainline
16"
24
16
52000
0.312
DSAW)
Other (ERW-HF/
Coal Tar
1440/1460
16"
24
46000
DSAW)
0.500
Other (ERW-HF/
Coal Tar
1440/2070
mainline
16"
17
16
DSAW)
56000
mainline
0.375
Other (ERW-HF/
Coal Tar
17
42000
DSAW)
1440/1890
16"
mainline
0.406
Other (ERW-HF/
FBE
1440/1535
16"
17
16
70000
DSAW)
0.469
Other (ERW-HF/| FBE
1440/2955
mainline
6
52000
DSAW)
mainline
16"
0.312
DSAW)
Other (ERW-HF/
FBE
1440/1460
Cypress Interstate Pipeline LLC:
Segment Age
(yrs)
Diameter
Pipe Grade
Wall
(inch)
Thickness
Seam Type
Coating
MOP/Design
Pressure (psig)
Cypress
30
8.625
(psig)
60000
(inch)
0.219
Other (ERW-
HF/ DSAW)
FBE
2160/2194



4
Products (SE) Pipe Line Corp.:
Segment
Age
Diameter
Pipe Grade
Wall
Seam Type
Coating
MOP/Design
(yrs)
(inch)
(SMYS)
Thickness
Pressure (psig)
12"-14W
(psig)
(inch)
16
12.75
52000
0.203
Other (ERW-
Coal Tar
1087/1192
12"-14W
HF/ DSAW)
57
12.75
12"-14W
57
52000
52000
0.203
0.203
ERW-LF
Coal Tar
1087/1192
12"-14W
12.75
ERW-LF
Coal Tar
1106/1192
57
12.75
52000
0.203
ERW-LF
Coal Tar
Coal Tar
1096/1192
12"-14W
57
12.75
52000
0.203
ERW-LF
1146/1192
14"-14W
57
14
52000
0.219
ERW-LF
Coal Tar
14"-14W
14"-14W
57
14
52000
1027/1171
52000
0.219
57
57
14
0.219
ERW-LF
Asphaltic
Coal Tar
1027/1171
14"-14W
14
52000
0.219
ERW-LF
1098/1171
ERW-LF
Coal Tar
1099/1171
DS1
80
80
12.75
12.75
35000
35000
0.375
ERW-LF
ERW-LF
Coal Tar
720/1482
DS1
0.375
Somastic
720/1482
DS2
80
80
12.75
35000
35000
0.375
DS2
12.75
0.375
ERW-LF
ERW-LF
Somastic
Coal Tar
720/1482
720/1482
DS3
80
12.75
35000
0.375
ERW-LF
Coal Tar
720/1482
DS3
80
12.75
35000
0.375
ERW-LE
Somastic
720/1482
DS4
80
12.75
35000
0.375
ERW-LF
Coal Tar
720/1482
DS4
80
12.75
35000
35000
0.375
ERW-LF
Somastic
720/1482
MDA1
80
12.75
0.375
ERW-LF
Coal Tar
1181/1482
MDA2
49
12.75
35000
0.375
Other (ERW-
Coal Tar
1243/1482
8CO
54
8.625
HF/ DSAW)
52000
0.188
Other (ERW-
Coal Tar
1632/1632
8CO
50
8.625
52000
0.188
Other (ERW-
HF/ DSAW)
Coal Tar
1632/1632
8MC
52
8.625
52000
0.188
HF/ DSAW)
Other (ERW-
Coal Tar
1632/1632
8RK1
45
8.625
42000
0.250
HF/ DSAW)
Other (ERW-
Coal Tar
1526/1753
10BMG
50
10.75
HF/ DSAW)
46000
0.250
O
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