Mr. Jerry Milhorn Vice President of Operations Kinder Morgan Energy Partners, L.P. 500 Dallas Street, Suite 1000 Houston, TX 77002-7002 Re: CPF No. 5-2004-5007 Dear Mr. Milhourn: 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 wire transfer for $20,000 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: Chris Hoidal Director, Western Region, OPS Edward A. Fant Director Pipeline Safety, Kinder Morgan Energy Partners, L.P. 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 Energy Partners, L.P.) CPF No. 5-2004-5007 ) Respondent ) ______________________________) FINAL ORDER On March 16, 2004, in accordance with 49 C.F.R. § 190.207, the Director, Western 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 violated 49 C.F.R. § 195.402 and proposed assessing a civil penalty of $20,000 for the alleged violation. Respondent responded to the Notice by letter dated April 8, 2004, and did not contest the allegations in the Notice, nor contest the amount of the proposed civil penalty. Respondent also provided information concerning its payment of the proposed civil penalty. Respondent submitted a wire transfer in the amount of the proposed civil penalty ($20,000), 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 49 C.F.R. Part 195.402, as more fully described in the Notice: 49 C.F.R. § 195.402(a) – failing to prepare and follow for each pipeline system a manual of written procedures for conducting normal operations and maintenance activities and handling abnormal operations and emergencies. Respondent failed to follow established line locating procedures as required by its Operation & Maintenance Manual Section 4.2. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $20,000, already paid by Respondent. The terms and conditions of this Final Order are effective on receipt. This case is now closed. ___________________________________ ____________________ Stacey Gerard Date Issued Associate Administrator for Pipeline Safety