Mr. Charles Fox

Vice President, Operations

Kinder Morgan CO2 Co., L.P.

500 Dallas, Suite 1000

Houston, TX  77002

 

Re:  CPF No. 4-2003-5003

 

Dear Mr. Fox:

 

Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case.  It makes findings of violation and assesses a civil penalty.  I acknowledge receipt of and accept your April 3, 2003, wire transfer for $7,000 as payment in full of the civil penalty assessed in the Final Order.  This case is now closed.  Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5.

 

Sincerely,

 

 

 

 

James Reynolds

Pipeline Compliance Registry

Office of Pipeline Safety

 

Enclosure

 

cc:        Rod Seeley, Region Director

            Southwest Region, OPS

 

CERTIFIED MAIL – RETURN RECEIPT REQUESTED

 

 

 

 

DEPARTMENT OF TRANSPORTATION

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OFFICE OF PIPELINE SAFETY

WASHINGTON, DC  20590

 

 

______________________________

                                                            )

In the Matter of                                    )

                                                            )

Kinder Morgan CO2 Co., L.P.,            )                       CPF No. 4-2003-5003

                                                            )

Respondent                                          )

______________________________)

 

 

FINAL ORDER

 

On March 11, 2003, in accordance with 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice).  The Notice proposed finding that Respondent had committed violations of 49 C.F.R. Part 195 and proposed assessing a civil penalty of $7,000 for the alleged violations.  Respondent responded to the Notice by letter dated April 4, 2003 and provided information concerning its payment of the proposed civil penalty.  Respondent submitted a wire transfer in the amount of the proposed civil penalty ($7,000), waiving further right to respond and authorizing the entry of this Final Order.

 

Pursuant to 49 C.F.R. § 190.213 and 49 U.S.C. § 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice:

 

49 C.F.R. § 195.401(b) – failing to correct within a reasonable time cathodic protection readings less negative than the -0.850V criteria set by Respondent; and

 

49 C.F.R. § 195.402(c)(3) – failing to include in the manual for operations, maintenance and repair a procedure for maintaining pump station operating records.

 

These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent.  I assess Respondent a civil penalty of $7,000 already paid by Respondent.  The terms and conditions of this Final Order are effective on receipt.

 

 

___________________________________                                       ____________________

Stacey Gerard                                                                                                  Date Issued

Associate Administrator

    for Pipeline Safety