# CALNEV PIPELINE CO — Warning Letter

- **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:** Not available
- **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.

Official case documents:

52022066WL_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

52022066WL_Warning Letter_12212022_(22-232554).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022066WL/52022066WL_Warning%20Letter_12212022_(22-232554).pdf

52022066WL_Warning Letter_12212022_(22-232554)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022066WL/52022066WL_Warning%20Letter_12212022_(22-232554)_text.pdf

52022066WL_Warning Letter_12212022_(22-232554)_text.pdf

WARNING LETTER
VIA E-MAIL TO MR. WAYNE SIMMONS
December 21, 2022
Mr. Wayne Simmons
Chief Operating Officer-Products Pipeline
Kinder Morgan, Inc.
1001 Louisiana St., Suite 1000
Houston, TX 77002
CPF 5-2022-066-WL
Dear Mr. Simmons:
From May 23, 2022, through September 9, 2022, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant, to Chapter 601 of 49 United States Code
(U.S.C.), inspected your Calnev Pipeline from Colton, California to Las Vegas, Nevada.1
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and
the probable violation is:
1. § 195.579 What must I do to mitigate internal corrosion?
(a) . . . .
(c) Removing pipe. Whenever you remove pipe from a pipeline, you must inspect the
internal surface of the pipe for evidence of corrosion. If you find internal corrosion
requiring corrective action under § 195.585, you must investigate circumferentially
and longitudinally beyond the removed pipe (by visual examination, indirect method,
or both) to determine whether additional corrosion requiring remedial action exists
in the vicinity of the removed pipe.
Calnev Pipeline Co. (Calnev) failed to inspect the internal surface of a pipe removed from its pipeline
as required by § 195.579(c). In March 2021, a 2’ 3” segment of pipe near Baker, California was



removed and replaced. Calnev did not perform an internal corrosion inspection on the removed pipe
to determine if any corrosion existed. During the PHMSA inspection, Calnev could not provide
records proving the inspection took place as required by § 195.589(c).
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related
series of violations. For violation occurring on or after May 3, 2021, and before March 21, 2022, the
maximum penalty may not exceed $225,134 per violation per day the violation persists, up to a
maximum of $2,251,334 for a related series of violations. For violation occurring on or after January
11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per
day the violation persists, up to a maximum of $2,225,034 for a related series of violations. For
violation occurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty
may not exceed $218,647 per violation per day the violation persists, up to a maximum of
$2,186,465 for a related series of violations. For violation occurring on or after November 27, 2018,
and before July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with
a maximum penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015,
and before November 27, 2018, the maximum penalty may not exceed $209,002 per violation per
day, with a maximum penalty not to exceed $2,090,022.
We have reviewed the circumstances and supporting documents involved in this case and have
decided not to conduct additional enforcement action or penalty assessment proceedings at this time.
We advise you to correct the item identified in this letter. Failure to do so will result in Calnev
Pipeline Co. being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply in your correspondence, please refer to CPF
5-2022-066-WL. Be advised that all material you submit in response to this enforcement action is
subject to being made publicly available. If you believe that any portion of your responsive material
qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original
document, you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 Z. Wynkoop, M. Flaherty (#22-232554)
James Palacios, Kinder Morgan
Jaime Hernandez, Kinder Morgan, DOT Compliance Primary
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