{"operation":"document","citation":"CPF 52022066WL","title":"CALNEV PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-12-21","effective_on":null,"summary":"CLOSED warning letter citing 195.579(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022066wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022066wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022066wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022066WL","body":"Warning Letter involving CALNEV PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.579(c). The case was opened on 2022-12-21 and is reported as closed as of 2022-12-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022066WL_Operator Response to Notice_03212023_(22-232554).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022066WL/52022066WL_Operator%20Response%20to%20Notice_03212023_(22-232554).pdf\n\n52022066WL_Warning Letter_12212022_(22-232554).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022066WL/52022066WL_Warning%20Letter_12212022_(22-232554).pdf\n\n52022066WL_Warning Letter_12212022_(22-232554)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022066WL/52022066WL_Warning%20Letter_12212022_(22-232554)_text.pdf\n\n52022066WL_Warning Letter_12212022_(22-232554)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. WAYNE SIMMONS\nDecember 21, 2022\nMr. Wayne Simmons\nChief Operating Officer-Products Pipeline\nKinder Morgan, Inc.\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2022-066-WL\nDear Mr. Simmons:\nFrom May 23, 2022, through September 9, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant, to Chapter 601 of 49 United States Code\n(U.S.C.), inspected your Calnev Pipeline from Colton, California to Las Vegas, Nevada.1\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.579 What must I do to mitigate internal corrosion?\n(a) . . . .\n(c) Removing pipe. Whenever you remove pipe from a pipeline, you must inspect the\ninternal surface of the pipe for evidence of corrosion. If you find internal corrosion\nrequiring corrective action under § 195.585, you must investigate circumferentially\nand longitudinally beyond the removed pipe (by visual examination, indirect method,\nor both) to determine whether additional corrosion requiring remedial action exists\nin the vicinity of the removed pipe.\nCalnev Pipeline Co. (Calnev) failed to inspect the internal surface of a pipe removed from its pipeline\nas required by § 195.579(c). In March 2021, a 2’ 3” segment of pipe near Baker, California was\n\n\n\nremoved and replaced. Calnev did not perform an internal corrosion inspection on the removed pipe\nto determine if any corrosion existed. During the PHMSA inspection, Calnev could not provide\nrecords proving the inspection took place as required by § 195.589(c).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021, and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum of $2,251,334 for a related series of violations. For violation occurring on or after January\n11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per\nday the violation persists, up to a maximum of $2,225,034 for a related series of violations. For\nviolation occurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty\nmay not exceed $218,647 per violation per day the violation persists, up to a maximum of\n$2,186,465 for a related series of violations. For violation occurring on or after November 27, 2018,\nand before July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with\na maximum penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015,\nand before November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the item identified in this letter. Failure to do so will result in Calnev\nPipeline Co. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply in your correspondence, please refer to CPF\n5-2022-066-WL. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original\ndocument, you must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment 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\nPHP-500 Z. Wynkoop, M. Flaherty (#22-232554)\nJames Palacios, Kinder Morgan\nJaime Hernandez, Kinder Morgan, DOT Compliance Primary","truncated":false,"body_characters":5236}