{"operation":"document","citation":"CPF 52026001NOPV","title":"KINDER MORGAN UTOPIA LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2026-03-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(j)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52026001nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52026001nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52026001nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52026001NOPV","body":"Notice of Probable Violation involving KINDER MORGAN UTOPIA LLC. PHMSA's enforcement data identifies the cited regulation as 195.452(j)(3). The case was opened on 2026-03-25 and is reported as closed as of 2026-05-01. Proposed civil penalty: $53,900. Assessed civil penalty: $53,900. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52026001NOPV_Final Order_05012026_(25-329415).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_Final%20Order_05012026_(25-329415).pdf\n\n52026001NOPV_Final Order_05012026_(25-329415)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_Final%20Order_05012026_(25-329415)_text.pdf\n\n52026001NOPV_Operator Response to Notice_04102026_(25-329415).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_Operator%20Response%20to%20Notice_04102026_(25-329415).pdf\n\n52026001NOPV_PCP_03252026_(25-329415).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_PCP_03252026_(25-329415).pdf\n\n52026001NOPV_PCP_03252026_(25-329415)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_PCP_03252026_(25-329415)_text.pdf\n\n52026001NOPV_Final Order_05012026_(25-329415)_text.pdf\n\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 1, 2026\nVIA ELECTRONIC MAIL TO: kim_dang@kindermorgan.com\nKimberly Allen Dang\nChief Executive Officer\nKinder Morgan\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nRe: CPF No. 5-2026-001-NOPV\nDear Ms. Dang:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that the civil penalty amount of $ 53,900 has been paid in full. This case is\nnow closed. Service of the Final Order by e-mail is effective upon the date of transmission and\nacknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nZach Ragain, Director – Engineering, Codes, and Standards, Kinder Morgan,\nzach_ragain@kindermorgan.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nKinder Morgan Utopia, LLC, ) CPF No. 5-2026-001-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn March 25, 2026, pursuant to 49 CFR § 190.207, the Director, Western Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Kinder Morgan Utopic\nLLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline\nsafety regulations in 49 CFR Part 195 and proposed a civil penalty of $ 53,900. Respondent did\nnot contest the allegation of violation and paid the proposed civil penalty on April 2, 2026. In\naccordance with section 190.208(a)(1), such payment authorizes the entry of this final order.\nThe allegation of violation being uncontested, pursuant to section 190.213, I find Respondent\nviolated the pipeline safety regulation listed below, as more fully described in the enclosed\nNotice, which is incorporated by reference:\n49 CFR § 195.452(j)(3) (Item 1) ─ Respondent failed to continually assess the\nKinder Morgan Utopia Pipeline’s integrity within a five-year interval, not to\nexceed 68 months. Specifically, Respondent failed to assess the stress corrosion\ncracking (SCC) threat on the Riga to Detroit 12-inch pipeline segment within the\nrequired five-year reassessment interval.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. In accordance with 49 CFR § 190.223, Respondent is assessed the\nproposed civil penalty amount of $ 53,900, which Respondent has already paid in full.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n\n\n\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n2\n\n\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n12300 W. Dakota Ave., Suite 340\nLakewood, CO 80228\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED CIVIL PENALITY\nVIA ELECTRONIC MAIL TO: kimberly_dang@kindermorgan.com\nMarch 25, 2025\nKimberly Allen Dang\nChief Executive Officer\nKinder Morgan\n1001 Louisiana St., Suite 1000\nHouston, TX 77002\nCPF 5-2026-001-NOPV\nDear Ms. Dang:\nFrom August 5 to September 18, 2025 representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nconducted an on-site inspection of the Kinder Morgan Utopia Pipeline from Cadiz, Ohio to\nDetroit, Michigan.\nAs a result of the inspection, it is alleged that Kinder Morgan Utopia LLC (Kinder Morgan) has\ncommitted a probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations (CFR). The item inspected and the probable violation is:\n1. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\nintegrity? –\n(1) . . .\n(j) What is a continual process of evaluation and assessment to maintain a pipeline's\n\n\n\n(3) Assessment intervals. An operator must establish five-year intervals, not to\nexceed 68 months, for continually assessing the line pipe's integrity. An operator\nmust base the assessment intervals on the risk the line pipe poses to the high\nconsequence area to determine the priority for assessing the pipeline segments. An\noperator must establish the assessment intervals based on the factors specified in\nparagraph (e) of this section, the analysis of the results from the last integrity\nassessment, and the information analysis required by paragraph (g) of this section.\nKinder Morgan failed to continually assess the Kinder Morgan Utopia Pipeline’s integrity1\nwithin a five-year interval, not to exceed 68 months, in accordance with § 195.452(j)(3).\nSpecifically, Kinder Morgan failed to assess the Stress Corrosion Cracking (SCC) threat2 on the\nRiga to Detroit 12-inch pipeline segment within the required five-year reassessment interval.\nDuring the PHMSA inspection, a review of Kinder Morgan’s records demonstrated that an in-\nline inspection using a Caliper/IMU/MFL-C tool had been conducted on June 10, 2014.\nHowever, the subsequent reassessment using a Caliper/IMU/MFL-C/EMAT tool did not occur\nuntil March 22, 2023. This is an interval of nearly nine years, thereby exceeding the regulatory\nassessment interval as set by § 195.452(j)(3). Section 195.452(j)(5)(i) requires operators to use\nan in-line inspection tool or tools capable of detecting crack anomalies when a pipeline has been\nidentified as being susceptible to cracks when conducting integrity assessments. In addition,\nwhile § 195.452(j)(4) does allow for variance from the 5-year interval for limited situations,\nKinder Morgan has not provided PHMSA with an engineering basis for the delay in conducting a\nreassessment using a tool capable of identifying crack anomalies, per § 195.452(j)(4)(i).\nTherefore, Kinder Morgan failed to continually assess the Utopia pipeline’s integrity every\n5- years, not to exceed 68 months, as required by § 195.452(j)(3).\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a\nrelated series of violations. For violation occurring on or after December 28, 2023 and before\nDecember 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the\nviolation persists, up to a maximum of $2,660,135 for a related series of violations. For violation\noccurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may\nnot exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627\nfor a related series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,412 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\n1 The Kinder Morgan Utopia Pipeline is a pipeline that could affect a high-consequence area (HCA), as defined per\n49 CFR § 195.450 and Appendix C to Part 195.\n2 During the PHMSA inspection, Kinder Morgan’s Continual Assessment Plan (CAP) was reviewed. The CAP\nidentified SCC threats on the Huron to Riga 12-inch and Riga to Detroit 12-inch pipeline segments of the Kinder\nMorgan Utopia Pipeline. system. These segments were constructed between 1973 and 1978 using poly-jacket coating\nor coal tar wrap. As outlined in Kinder Morgan’s Integrity Management Program (IMP), Kinder Morgan utilizes\nUSCD, EMAT, or MFL-C tools to assess the SCC threat.\n2\n\n\n\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations.\nWe have reviewed the circumstances and supporting documentation involved for the above\nprobable violation and recommend that you be preliminarily assessed a civil penalty of $ 53,900\nas follows:\nItem number PENALTY\n1 $ 53,900\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Enforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. §552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region\nDirector may extend the period for responding upon a written request timely submitted\ndemonstrating good cause for an extension.\nIn your correspondence on this matter, please refer to CPF 5-2026-001-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\n3\n\n\n\nSincerely,\nFor Dustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Luo (#25-329415)\nSteven Romano, Chief Operating Officer - steven_romano@kindermorgan.com\nZach Ragain, Director Engineering - zach_ragain@kindermorgan.com\nSean Cummings, Specialist Tech Compliance - sean_cummings@kindermorgan.com\nEnclosures: Response Options for Pipeline Operators in Enforcement Proceedings\n4","truncated":false,"body_characters":12168}