# KINDER MORGAN UTOPIA LLC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.452(j)(3).
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- **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.

Official case documents:

52026001NOPV_Final Order_05012026_(25-329415).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_Final%20Order_05012026_(25-329415).pdf

52026001NOPV_Final Order_05012026_(25-329415)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_Final%20Order_05012026_(25-329415)_text.pdf

52026001NOPV_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

52026001NOPV_PCP_03252026_(25-329415).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_PCP_03252026_(25-329415).pdf

52026001NOPV_PCP_03252026_(25-329415)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52026001NOPV/52026001NOPV_PCP_03252026_(25-329415)_text.pdf

52026001NOPV_Final Order_05012026_(25-329415)_text.pdf

1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
May 1, 2026
VIA ELECTRONIC MAIL TO: kim_dang@kindermorgan.com
Kimberly Allen Dang
Chief Executive Officer
Kinder Morgan
1001 Louisiana St., Suite 1000
Houston, TX 77002
Re: CPF No. 5-2026-001-NOPV
Dear Ms. Dang:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and finds that the civil penalty amount of $ 53,900 has been paid in full. This case is
now closed. Service of the Final Order by e-mail is effective upon the date of transmission and
acknowledgement of receipt as provided under 49 CFR § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Linda Daugherty
Acting Associate Administrator
for Pipeline Safety
Enclosures (Final Order and NOPV)
cc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Zach Ragain, Director – Engineering, Codes, and Standards, Kinder Morgan,
zach_ragain@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 Utopia, LLC, ) CPF No. 5-2026-001-NOPV
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On March 25, 2026, pursuant to 49 CFR § 190.207, the Director, Western Region, Office of
Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Kinder Morgan Utopic
LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline
safety regulations in 49 CFR Part 195 and proposed a civil penalty of $ 53,900. Respondent did
not contest the allegation of violation and paid the proposed civil penalty on April 2, 2026. In
accordance with section 190.208(a)(1), such payment authorizes the entry of this final order.
The allegation of violation being uncontested, pursuant to section 190.213, I find Respondent
violated the pipeline safety regulation listed below, as more fully described in the enclosed
Notice, which is incorporated by reference:
49 CFR § 195.452(j)(3) (Item 1) ─ Respondent failed to continually assess the
Kinder Morgan Utopia Pipeline’s integrity within a five-year interval, not to
exceed 68 months. Specifically, Respondent failed to assess the stress corrosion
cracking (SCC) threat on the Riga to Detroit 12-inch pipeline segment within the
required five-year reassessment interval.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent. In accordance with 49 CFR § 190.223, Respondent is assessed the
proposed civil penalty amount of $ 53,900, which Respondent has already paid in full.
The terms and conditions of this order are effective upon service in accordance with 49 CFR
§ 190.5.



___________________________________ _________________________
Linda Daugherty Date Issued
Acting Associate Administrator
for Pipeline Safety
2



U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
12300 W. Dakota Ave., Suite 340
Lakewood, CO 80228
NOTICE OF PROBABLE VIOLATION
and
PROPOSED CIVIL PENALITY
VIA ELECTRONIC MAIL TO: kimberly_dang@kindermorgan.com
March 25, 2025
Kimberly Allen Dang
Chief Executive Officer
Kinder Morgan
1001 Louisiana St., Suite 1000
Houston, TX 77002
CPF 5-2026-001-NOPV
Dear Ms. Dang:
From August 5 to September 18, 2025 representatives of the Pipeline and Hazardous Materials
Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)
conducted an on-site inspection of the Kinder Morgan Utopia Pipeline from Cadiz, Ohio to
Detroit, Michigan.
As a result of the inspection, it is alleged that Kinder Morgan Utopia LLC (Kinder Morgan) has
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. § 195.452 Pipeline integrity management in high consequence areas.
(a) . . .
integrity? –
(1) . . .
(j) What is a continual process of evaluation and assessment to maintain a pipeline's



(3) Assessment intervals. An operator must establish five-year intervals, not to
exceed 68 months, for continually assessing the line pipe's integrity. An operator
must base the assessment intervals on the risk the line pipe poses to the high
consequence area to determine the priority for assessing the pipeline segments. An
operator must establish the assessment intervals based on the factors specified in
paragraph (e) of this section, the analysis of the results from the last integrity
assessment, and the information analysis required by paragraph (g) of this section.
Kinder Morgan failed to continually assess the Kinder Morgan Utopia Pipeline’s integrity1
within a five-year interval, not to exceed 68 months, in accordance with § 195.452(j)(3).
Specifically, Kinder Morgan failed to assess the Stress Corrosion Cracking (SCC) threat2 on the
Riga to Detroit 12-inch pipeline segment within the required five-year reassessment interval.
During the PHMSA inspection, a review of Kinder Morgan’s records demonstrated that an in-
line inspection using a Caliper/IMU/MFL-C tool had been conducted on June 10, 2014.
However, the subsequent reassessment using a Caliper/IMU/MFL-C/EMAT tool did not occur
until March 22, 2023. This is an interval of nearly nine years, thereby exceeding the regulatory
assessment interval as set by § 195.452(j)(3). Section 195.452(j)(5)(i) requires operators to use
an in-line inspection tool or tools capable of detecting crack anomalies when a pipeline has been
identified as being susceptible to cracks when conducting integrity assessments. In addition,
while § 195.452(j)(4) does allow for variance from the 5-year interval for limited situations,
Kinder Morgan has not provided PHMSA with an engineering basis for the delay in conducting a
reassessment using a tool capable of identifying crack anomalies, per § 195.452(j)(4)(i).
Therefore, Kinder Morgan failed to continually assess the Utopia pipeline’s integrity every
5- years, not to exceed 68 months, as required by § 195.452(j)(3).
Proposed Civil Penalty
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a
related series of violations. For violation occurring on or after December 28, 2023 and before
December 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the
violation persists, up to a maximum of $2,660,135 for a related series of violations. For violation
occurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may
not exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627
for a related series of violations. For violation occurring on or after March 21, 2022 and before
January 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the
violation persists, up to a maximum of $2,391,412 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
1 The Kinder Morgan Utopia Pipeline is a pipeline that could affect a high-consequence area (HCA), as defined per
49 CFR § 195.450 and Appendix C to Part 195.
2 During the PHMSA inspection, Kinder Morgan’s Continual Assessment Plan (CAP) was reviewed. The CAP
identified SCC threats on the Huron to Riga 12-inch and Riga to Detroit 12-inch pipeline segments of the Kinder
Morgan Utopia Pipeline. system. These segments were constructed between 1973 and 1978 using poly-jacket coating
or coal tar wrap. As outlined in Kinder Morgan’s Integrity Management Program (IMP), Kinder Morgan utilizes
USCD, EMAT, or MFL-C tools to assess the SCC threat.
2



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.
We have reviewed the circumstances and supporting documentation involved for the above
probable violation and recommend that you be preliminarily assessed a civil penalty of $ 53,900
as follows:
Item number PENALTY
1 $ 53,900
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators
in Enforcement Proceedings. Please refer to this document and note the response options. All
material you submit in response to this enforcement action may be 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).
Following your receipt of this Notice, you have 30 days to respond as described in the enclosed
Response Options. If you do not respond within 30 days of receipt of this Notice, this constitutes
a waiver of your right to contest the allegations in this Notice and authorizes the Associate
Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to
you and to issue a Final Order. If you are responding to this Notice, we propose that you submit
your correspondence to my office within 30 days from receipt of this Notice. The Region
Director may extend the period for responding upon a written request timely submitted
demonstrating good cause for an extension.
In your correspondence on this matter, please refer to CPF 5-2026-001-NOPV and, for each
document you submit, please provide a copy in electronic format whenever possible.
3



Sincerely,
For Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Luo (#25-329415)
Steven Romano, Chief Operating Officer - steven_romano@kindermorgan.com
Zach Ragain, Director Engineering - zach_ragain@kindermorgan.com
Sean Cummings, Specialist Tech Compliance - sean_cummings@kindermorgan.com
Enclosures: Response Options for Pipeline Operators in Enforcement Proceedings
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