# TALLGRASS INTERSTATE GAS TRANSMISSION, LLC — Notice of Probable Violation **Citation:** CPF 32022017NOPV **Type / status:** enforcement / historical **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 2022-01-11 CLOSED notice of probable violation citing 192.163(c), 192.481(b), 192.517(a), 192.605(a), 192.745(a). ## Document text Notice of Probable Violation involving TALLGRASS INTERSTATE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.163(c), 192.481(b), 192.517(a), 192.605(a), 192.745(a). The case was opened on 2022-01-11 and is reported as closed as of 2024-04-08. Proposed civil penalty: $172,200. Assessed civil penalty: $172,200. Open the official case record for notices, responses, orders, and the latest status. Official case documents: 32022017NOPV_Closure letter_04082024_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Closure%20letter_04082024_(21-210504).pdf 32022017NOPV_Closure letter_04082024_(21-210504)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Closure%20letter_04082024_(21-210504)_text.pdf 32022017NOPV_Consent Agreement and Order_06152022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Consent%20Agreement%20and%20Order_06152022_(21-210504).pdf 32022017NOPV_Consent Agreement and Order_06152022_(21-210504)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Consent%20Agreement%20and%20Order_06152022_(21-210504)_text.pdf 32022017NOPV_Op Resp to Notice and Req for Hrng and Req Time Ext and Stment of Issues_03282022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Op%20Resp%20to%20Notice%20and%20Req%20for%20Hrng%20and%20Req%20Time%20Ext%20and%20Stment%20of%20Issues_03282022_(21-210504).pdf 32022017NOPV_Operator Withdrawal of Request for Hearing_06172022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Operator%20Withdrawal%20of%20Request%20for%20Hearing_06172022_(21-210504).pdf 32022017NOPV_PCP PCO_01112022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_PCP%20PCO_01112022_(21-210504).pdf 32022017NOPV_PCP PCO_01112022_(21-210504)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_PCP%20PCO_01112022_(21-210504)_text.pdf 32022017NOPV_Closure letter_04082024_(21-210504)_text.pdf VIA ELECTRONIC MAIL TO: matt@tallgrass.com; crystal.heter@tallgrassenergylp.com; danielle.stephens@tallgrass.com April 8, 2024 Mr. Matt Sheehy Chief Executive Officer Tallgrass Interstate Gas Transmission 2400 W. 115th St. Suite 350 Leawood, KS 66211 Re: 3-2022-017-NOPV Dear Mr. Sheehy: On June 15, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Consent Order incorporating the terms of the Consent Agreement between PHMSA and Tallgrass Interstate Gas Transmission (Tallgrass) in the above-referenced case. This Order included a Compliance Order and Civil Penalty assessment. Based on our review of the documentation Tallgrass has provided and confirmation of payment of the civil penalty on June 21, 2022, it has been determined that Tallgrass has complied with the terms of this Consent Agreement and Order. Accordingly, this case is now closed, and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory A. Ochs Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration cc: Danielle Stephens , DOT Compliance Primary, Tallgrass Energy, L.P., Danielle.Stephens@tallgrass.com Crystal Heter, Chief Operating Officer, Tallgrass Energy, L.P., crystal.heter@tallgrassenergylp.com 32022017NOPV_Op Resp to Notice and Req for Hrng and Req Time Ext and Stment of Issues_03282022_(21-210504).pdf TALLGRASSE Leading Energy Solutions March 28, 2022 Mr. Gregory A. Ochs Director, Central Region U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 901 Locust Street, Suite 462 Kansas City, MO 64106 Re: CPF No. 3-2022-017-NOPV Response to NOPV - Tallgrass Interstate Gas Transmission, LLC Dear Mr. Ochs: The Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency) issued a Notice of Probable Violation (NOPV), proposed civil penalty, and proposed compliance order (PCO) to Tallgrass Interstate Gas Transmission, LLC (TIGT) on January 11, 2022. The NOPV alleges seven (7) violations of the federal pipeline safety regulations at Part 192. On February 4, 2022, PHMSA granted an extension to Tallgrass MLP Operations on behalf of TIGT (Tallgrass or the Company) to allow Tallgrass to respond to the NOPV by March 28, 2022, and, therefore, this response is timely. Tallgrass shares PHMSA's commitment to pipeline safety and is committed to maintaining the safe operation of its pipeline assets in compliance with the federal pipeline safety regulations. With that commitment in mind, in the interest of cooperation and without admission, Tallgrass is contesting a single allegation in the NOPV, Item 5, which alleges that Tallgrass failed to comply with its procedures related to inspections of pressure limiting and relief devices. Tallgrass believes that this allegation is based on a misunderstanding of its processes and procedures. As to the remaining six (6) of the seven (7) alleged violations identified in the NOPV, Tallgrass without admission has elected not to contest them and provides a written response to clarify some of the factual issues underlying the NOPV and to request certain adjustments to the associated PCO obligations for Items 2, 3 and 4, including confirmation that some of the obligations have already been addressed. Tallgrass also expressly reserves the right to discuss any jurisdictional issues as approprate. Tallgrass respectfully requests the opportunity to convene an informal settlement meeting with PHMSA to discuss and resolve NOPV Item 5, address factual clarifications, and confirm PCO obligations for Items 2, 3 and 4, some of which the Company has already completed. In the event that the parties are unable to resolve the NOPV, however, and in order to preserve Tallgrass's rights, the Company is, without admission, requesting a hearing on Item 5 pursuant to 49 C.F.R. §§ 190.208 and 190.211. Tallgrass respectfully requests that PHMSA refrain from scheduling a hearing in order to provide the parties with sufficient time to attempt to resolve the NOPV. 370 Van Gordon Street Lakewood, CO 80228-1519 303.763.2950 Tallgrass Energy Partners, LP CPF No. 3-2022-017-NOPV I. Tallgrass Response to Uncontested NOPV Items 1, 2, 3, 4, 6 & 7 A. NOPV Item 1 (§ 192.163(c) – Compressor stations: Design and construction) Tallgrass is not contesting this allegation which was issued as a warning item. The Company will replace the doors associated with this NOPV Item although the Company does not believe that these doors restrict or impede the ability to exit the compressor station, and believes the doors installed at this location are compliant with relevant Occupational Safety and Health Administration regulations and the National Fire Protection Association’s Life Safety Code. B. NOPV Item 2 (§ 192.481(b) – Atmospheric corrosion control: Monitoring) Tallgrass is not contesting this allegation or the associated penalty but respectfully requests the opportunity to discuss factual clarifications and the terms of the PCO in an informal conference, including to confirm that some of these terms have already been satisfied by Tallgrass. By way of example, Tallgrass already implemented training to reinforce the relevant knowledge and skills required for personnel conducting atmospheric inspections under 49 C.F.R. § 192.481. Based on this training, Tallgrass believes it has met the obligations of the PCO Item A.iii. With respect to the remaining obligations in the PCO, Tallgrass agrees to perform the evaluation and visual inspection of all deck penetrations and pipe supports as requested in accordance with PCO Items A.i and A.ii. Based on the existence of pipe clamps or where piping is not easily accessible, Tallgrass respectfully requests that PHMSA modify PCO Item A to provide the Company with additional time to conduct these inspections and the ability to request an extension for good cause shown. C. NOPV Item 3 (§ 192.517(a) – Records) Tallgrass is not contesting this allegation, but respectfully requests additional time to complete the hydrotest required by PCO Item B. By way of explanation, due to an inadvertent filing error and the fact that the Prime Operating Cherry Creek facility was originally constructed under a different name, the Company was unable to locate the pressure test records at the time of the inspection. After the inspection, Tallgrass identified the filing error and located relevant historical records. Given the nature of the historical records, and as outlined in the PCO, Tallgrass is nevertheless developing a hydrotest protocol in order to confirm and/or reestablish the MAOP for the Prime Operating Cheery Creek facility. Because this process may require more than the 90 days allotted by the PCO, Tallgrass requests that PHMSA provide Tallgrass with additional time under Item B of the PCO and to allow for the ability to request an extension for good cause shown. 2 Tallgrass Energy Partners, LP CPF No. 3-2022-017-NOPV D. NOPV Item 4 (§ 192.605(a) – Procedural manual for operations, maintenance, and emergencies) Tallgrass is not contesting this allegation or the associated penalty but respectfully requests the opportunity to confirm that it has already satisfied the terms of the associated PCO obligation at Item C. In particular, after the inspection and in order to address PHMSA’s concern, Tallgrass identified all block valves within the scope of the inspection with an H- frame design, evaluated those valves, and corrected any identified deficiencies. During this process, Tallgrass re-trained its personnel on the requirements of the relevant procedure, OM 301_G. Based on its efforts, Tallgrass respectfully requests that PHMSA confirm that Item C of the PCO has been satisfied. E. NOPV Item 6 (§ 192.605(a) – Procedural manual for operations, maintenance, and emergencies) Tallgrass is not contesting this allegation which was issued as a warning item and as acknowledged by PHMSA in the NOPV, Tallgrass removed the shorted casing after the inspection. Additionally, Tallgrass has revised its procedures, at O&M 903_GL, to clarify its processes for evaluating mechanically-shorted casings. F. NOPV Item 7 (§ 192.745(a) – Valve maintenance: Transmission lines) Tallgrass is not contesting this allegation or the associated penalty. As required by 49 C.F.R. § 195.745, Tallgrass has and continues to inspect and partially operate valves at the Casper and Glenrock Compressor Stations, including in 2019 and 2020. Historically, applicable valve inspections and partial operations at these compressor stations were documented on locally-produced forms. To ensure compliance with Tallgrass procedure, OM 300-03_GL, the Company developed a new and expanded form for documenting these inspections and partial operations, which was used in 2021 to document inspections and partial operations at the Casper Compressor Station and in 2020 and 2021 at the Glenrock Compressor Station. 3 Tallgrass Energy Partners, LP CPF No. 3-2022-017-NOPV II. Tallgrass Written Response, Request for Hearing, and Statement of Issues Regarding NOPV Item 5 A. NOPV Item 5 § 192.605 Procedural manual for operations, maintenance, and emergencies. (a) General. Each operator shall prepare and follow for each pipeline, a manual of written procedures for conducting operations and maintenance activities and for emergency response. For transmission lines, the manual must also include procedures for handling abnormal operations. This manual must be reviewed and updated by the operator at intervals not exceeding 15 months, but at least once each calendar year. This manual must be prepared before operations of a pipeline system commence. Appropriate parts of the manual must be kept at locations where operations and maintenance activities are conducted. PHMSA Allegation Tallgrass failed to follow for each pipeline, a manual of written procedures for conducting operations and maintenance activities and for emergency response. Specifically, Tallgrass failed to follow its Operations and Maintenance (OM) manual procedure OM 703_G. Tallgrass’s OM 703_G, titled “Pressure Limiting and Relief Devices and Inspections,” Section 3.6, titled “Overpressure Protection Evaluation and Review,” states documentation should be in either Form OM700-01 or OM700-02. During the field inspection at the Casper compressor station, field personnel stated that overpressure protection evaluation and reviews were documented in Excel. Tallgrass provided the evaluation and review of this station on Form OM700-02 which was dated 2009. Tallgrass could not provide the appropriate records for the last 3 years. PHMSA proposed a $28,600 civil penalty for this alleged violation. B. Tallgrass Response to NOPV Item 5: Tallgrass contests this allegation and the associated proposed penalty on the basis that the Company believes there is a misunderstanding regarding Tallgrass’s procedures and processes and the requirements of 49 C.F.R. § 192.743. Relevant Tallgrass procedure, OM 703_G, states: 4 Tallgrass Energy Partners, LP CPF No. 3-2022-017-NOPV Operations Supervisor will maintain a file of completed forms OM700- 01_GL - Overpressure Protection Method and OM700-02_G - Overpressure Protection Evaluation and the corresponding design and capacity support information for pressure limiting and relief devices in gas service. Review this file at least once each calendar year, not to exceed 15 months, for adequate capacity documentation. (emphasis added). A copy of this procedure which was provided at the time of inspection is included as Attachment 1. Pursuant to this procedure, the Company completes both the OM700-01_GL - Overpressure Protection Method and OM700-02_G - Overpressure Protection Evaluation forms related to pressure limiting and relief devices and maintains these forms. As required by its procedure, Tallgrass annually reviews the last OM700-02_G on record and verifies the parameters of the relevant pressure limiting or relief device to ensure that the capacity of the device has not changed. This review is documented using the Company’s I&M 1- 906.00. OM 703_G does not require Tallgrass to complete a new form, OM700-02_G, during each annual review. The Company completes a new form as required by OM 703_G when there is a change in the parameters or capacity of the pressure limiting or relief device. This process is consistent with the requirements of 49 C.F.R. § 192.743(b), which expressly states that “subsequent [capacity] calculations [of a pressure limiting or relief device] need not be made if the annual review documents that parameters have not changed to cause the rated or experimentally determined relieving capacity to be insufficient.” Consistent with 49 C.F.R. § 192.743(b) and its procedures, Tallgrass conducts annual reviews to verify the capacity of its pressure limiting or relief devices. To date, these reviews have not identified any changes that would warrant completing a new form OM700-2_G under OM 703_G. As a result, Tallgrass has complied with its procedures as required by 49 C.F.R. § 192.605. For these reasons, Tallgrass respectfully requests that PHMSA withdraw this item and the associated proposed civil penalty. C. Statement of Issues 1. Whether PHMSA met its burden to prove by a preponderance of the evidence that Tallgrass failed to comply with its procedures in violation of 49 C.F.R. § 192.605 as it relates to evaluating and documenting the capacity of pressure limiting or relief devices. 2. Whether the proposed civil penalty associated with NOPV Item 5 should be withdrawn or reduced. 5 Tallgrass Energy Partners, LP CPF No. 3-2022-017-NOPV III. Summary and Request for Relief Tallgrass is committed to operating its pipeline assets safely and in compliance with PHMSA regulations. In the spirit of cooperation and without admission, Tallgrass has only elected to contest one (1) of the seven (7) allegations provided in the NOPV. For the reasons identified above, and in consideration of other matters as justice may require, Tallgrass respectfully requests that PHMSA withdraw NOPV Item 5 and the associated proposed civil penalty. Tallgrass believes that NOPV Item 5 is based on a misunderstanding that can be resolved without resort to a hearing, however, and requests that a hearing date be postponed until the parties have had an opportunity to convene via settlement conference. The Company appreciates PHMSA’s efforts and consideration of this request. If you have any questions or would like to discuss this matter further, please do not hesitate to contact me. Sincerely, Jennifer Eckels Tallgrass Compliance Manager Enclosures: Attachment 1 – Procedure OM 703_G cc: Crystal Heter, Tallgrass Chief Operating Officer Nicole Longwell, Esq., Tallgrass Assistant General Counsel Byron Gale, Vice President, Environmental, Health, Safety, and Security Jay Meyers, Vice President, Engineering and Technical Services Catherine Little, Esq., Troutman Pepper Annie Cook, Esq., Troutman Pepper Joe Hainline, Esq., PHMSA General Counsel James Bunn, PHMSA Operations Supervisor 6 32022017NOPV_Consent Agreement and Order_06152022_(21-210504)_text.pdf June 15, 2022 VIA ELECTRONIC MAIL TO: bill.moler@tallgrassenergylp.com Mr. William Moler Chief Executive Officer Tallgrass Interstate Gas Transmission, LLC 4200 W. 115th Street, Suite 350 Leawood, Kansas 66211 CPF No. 3-2022-017-NOPV Dear Mr. Moler: Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Tallgrass Interstate Gas Transmission, LLC (Tallgrass or Respondent), which was executed on June 6, 2022. Service of the Consent Order and Consent Agreement by electronic mail is deemed effective upon the date of transmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5. Sincerely, Alan K Mayberry Associate Administrator for Pipeline Safety Enclosures: Consent Agreement and Consent Order Cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Ms. Crystal Heter, Chief Operating Officer, Tallgrass, crystal.heter@tallgrass.com Ms. Jennifer Eckels, Compliance Manager, Tallgrass, jennifer.eckels@tallgrass.com Ms. Catherine Little, outside counsel for Tallgrass, catherine.little@troutman.com Ms. Annie Cook, outside counsel for Tallgrass, annie.cook@troutman.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 ) ) Tallgrass Interstate Gas ) CPF No. 3-2022-017-NOPV Transmission, LLC, ) ) Respondent. ) ____________________________________) CONSENT ORDER By letter dated January 11, 2022, the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice) to Tallgrass Interstate Gas Transmission, LLC (Tallgrass or Respondent). In response to the Notice, Respondent requested a hearing on Item 5, contesting both the underlying violation and proposed civil penalty, and sought clarification and modification of the proposed compliance order terms and requirements (Response). Respondent also asked for the opportunity to meet informally with PHMSA to discuss all items in the Notice. Respondent and PHMSA (the Parties) subsequently met to discuss the issues raised in the Response. As a result of those discussions, as explained in more detail below, PHMSA has agreed to certain factual clarifications associated with Items 2 and 4, and Respondent without admission has agreed to withdraw its hearing request and accept the warning items and findings of violation as alleged in the Notice subject to the clarifications as set forth below, pay a civil penalty in the amount of $172,200 for Items 2, 4, 5, and 7, and undertake certain corrective measures. Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this Order. Tallgrass is hereby ordered to comply with the terms of the Consent Agreement, effective immediately. Pursuant to 49 U.S.C. 60101, et seq., failure to comply with this Consent Order may result in the assessment of civil penalties as set forth in 49 C.F.R. § 190.223. The terms and conditions of this Consent Order are effective upon service in accordance with 49 C.F.R. § 190.5. June 15, 2022 ___________________________________ __________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Tallgrass Interstate Gas ) CPF No. 3-2022-017-NOPV Transmission, LLC ) ) Respondent. ) ____________________________________) CONSENT AGREEMENT From May 10 through August 13, 2021, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the records and facilities of Tallgrass Interstate Gas Transmission, LLC (Respondent) in Colorado, Wyoming, Kansas, and Nebraska. As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent, by letter dated January 11, 2022, a Notice of Probable Violation, Proposed Civil Penalty and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice alleged that Respondent committed probable violations of five provisions of 49 C.F.R. part 192 (Items 2, 3, 4, 5, and 7), proposed ordering Respondent to take certain measures to correct Items 2, 3, and 4, and proposed a civil penalty in the amount of $172,200 associated with Items 2, 4, 5, and 7. Two other probable violations (Items 1 and 6) were brought as warnings, advising Respondent to correct them or be subject to potential future enforcement action. In response to the Notice, Respondent requested a hearing, asked for the opportunity to meet informally with PHMSA to discuss the allegations of violation, and sought clarification and modification of the proposed compliance order terms and requirements (Response). PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the Response. As a result of those discussions and as explained in more detail below, Respondent without admission has agreed to withdraw its hearing request and accept the warning items and findings of violation as alleged in the Notice subject to the clarifications as set forth below, pay a civil penalty in the amount of $172,200 for Items 2, 4, 5, and 7, and undertake certain corrective measures. Having agreed that settlement of this enforcement action will avoid further administrative proceedings or litigation and will serve the public interest by promoting safety and protection of the environment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of Respondent and PHMSA, the Parties hereby agree as follows: I. General Provisions: 1. Respondent acknowledges that as the operator of the pipeline facilities subject to the Notice, Respondent and its referenced gas pipeline facilities are subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative orders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and orders issued thereunder. 2. After Respondent returns this signed Agreement to PHMSA, the Agency’s representative will present it to the Associate Administrator for Pipeline Safety, recommending that the Associate Administrator adopt the terms of this Agreement by issuing an administrative order (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute an offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate Administrator will issue a Consent Order incorporating the terms of this Agreement. 3. Respondent consents to the issuance of the Consent Order, and hereby waives any further procedural requirements with respect to its issuance. Respondent waives all rights to contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including all rights to administrative or judicial hearings or appeals, except as set forth herein. 4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its officers, directors, and employees, and its successors, assigns, or other entities or persons otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any incorporated work plans and schedules to all of Respondent’s officers, employees, and agents whose duties might reasonably include compliance with this Agreement. 5. This Agreement constitutes the final, complete and exclusive agreement and understanding between the Parties with respect to the settlement embodied in this Agreement. The Parties acknowledge that there are no representations, agreements or understandings relating to settlement other than those expressly contained in this Agreement, except that the terms of this Agreement may be construed by reference to the Notice. 6. Nothing in this Agreement affects or relieves Respondent of its responsibility to comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the regulations and orders issued thereunder, or any other provision of Federal or State law. 7. For all transfers of ownership or operating responsibility of Respondent’s pipeline system referenced herein, Respondent will provide a copy of this Agreement to the prospective transferee at least 30 days prior to such transfer. Respondent will provide written notice of the transfer to the PHMSA Central Regional Director no later than 60 days after the transfer occurs. 8. This Agreement does not waive or modify any Federal, State, or local laws or regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit, or a modification of any permit, under any Federal, State, or local laws or regulations. Respondent remains responsible for achieving and maintaining compliance with all applicable Federal, State, and local laws, regulations and permits. 9. This Agreement does not create rights in, or grant any cause of action to, any third party not party to this Agreement. The U.S. Department of Transportation is not liable for any injuries or damages to persons or property arising from acts or omissions of Respondent or its officers, employees, or agents carrying out the work required by this Agreement. Respondent agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents, and representatives from any and all causes of action arising from any acts or omissions of Respondent or its contractors in carrying out any work required by this Agreement. 10. Except as otherwise specified below, Respondent neither admits nor denies any allegation or conclusion in the Notice or this Agreement but agrees for purposes of this Agreement to comply with the terms of this Agreement. 11. Upon issuance of the Consent Order, the Parties agree to the following terms. II. Warning Items: 12. Item 1: 49 C.F.R. § 192.163(c): The Notice alleged that Respondent failed to have exits located to provide a convenient possibility of escape and an unobstructed passage to a place of safety due to the lack of interior bar operated door latches. This Item was brought as a warning and does not constitute a finding of violation. Respondent stated that it will replace the doors associated with Item 1. 13. Item 6: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed to follow for each pipeline a manual of written procedures for conducting operations and maintenance activities and for emergency response. Specifically, Respondent did not follow its procedures to document and remediate a mechanically-shortened casing on the Neligh to Pierce casing. Following PHMSA’s review of documents provided by Respondent which indicated the presence of a mechanically-shorted casing, Respondent removed it. This Item was brought as a warning and does not constitute a finding of violation. 14. For Warning Items 1 and 6, if OPS finds a violation of these provisions in a subsequent inspection, Respondent may be subject to future enforcement action. III. Findings of Violation: 15. Item 2: 49 C.F.R. § 192.481(b): The Notice alleged Respondent failed to give particular attention during inspections to pipe at soil-to-air interfaces, under thermal insulation, under disbanded coatings, at pipe supports, in splash zones, at deck penetrations, and in spans over water. Specifically, Respondent failed to inspect for atmospheric corrosion at pipe supports at Glenrock and Guernsey Station, and atmospheric corrosion at deck penetrations (pipe-to-wall) at Caper and Glenrock. Respondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.481(b). 16. Item 3: 49 C.F.R. § 192.517(a): The Notice alleged that Respondent failed to retain for the useful life of the pipeline a record of each test performed under 49 C.F.R. §§ 192.505, 192.506, and 192.507. Specifically, Respondent failed to provide test pressure records for the Prime Operating Cherry Creek facility. Respondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.517(a). 17. Item 4: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed to follow for each pipeline a manual of written procedures for conducting operations and maintenance activities and for emergency response. Specifically, Respondent failed to follow its Operations and Maintenance (OM) manual procedure OM 301_G, titled “Inspecting and Servicing Emergency Valves,” section 3.5.3, pertaining to thermal expansion protection on bypass valves (H-frame design), at the Arminto site. Respondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.605(a). 18. Item 5: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed to follow for each pipeline a manual of written procedures for conducting operations and maintenance activities and for emergency response. Specifically, for the Casper compressor station, Respondent failed to follow its OM procedure OM 703_G, titled “Pressure Limiting and Relief Devices and Inspections,” section 3.6, titled “Overpressure Protection Evaluation and Review,” which states that overpressure protection evaluation and reviews documentation should be done on either Form OM700-01 or OM700-02. Respondent does not contest the allegation of violation as alleged in the Notice. Thus, PHMSA finds a violation of 49 C.F.R. § 192.605(a). Respondent indicated that it will modify its procedures to specify the appropriate records and documentation requirements to ensure compliance. 19. Item 7: 49 C.F.R. § 192.745(a): The Notice alleged that Respondent failed to inspect and partially operate each transmission line valve that might be required during an emergency at intervals not exceeding 15 months, but at least once each calendar year. Specifically, Respondent failed to provide adequate valve inspection records for Casper and Glenrock Compression stations. Respondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.745(a). 20. Items 2, 3, 4, 5, and 7, will be considered by PHMSA as prior offenses in any future PHMSA enforcement action taken against Respondent for the five (5)-year period following the Effective Date of this Agreement. IV. Civil Penalty: 21. Items 2, 4, 5, and 7: The Notice proposed assessing a civil penalty in the amount of $70,500 for Item 2, $41,400 for Item 4, $28,600 for Item 5, and $31,700 for Item 7. Respondent does not contest the proposed civil penalties for these Items. As such, Respondent shall pay a civil penalty in the amount of $70,500 for Item 2, $41,400 for Item 4, $28,600 for Item 5, and $31,700 for Item 7. 22. Respondent shall pay a total civil penalty in the amount of $172,200, pursuant to the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 30 days from the Effective Date of this Agreement. V. Compliance Order: 23. Item 2: The Notice proposed certain compliance order actions to address the non- compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order (PCO), but requested clarifications. a. For PCO Items A.i and A.ii, Respondent shall within 90 days of the Effective Date of this Agreement: i. Submit a plan to the Director of Central Region to address all Compressor Station locations in the scope of the inspection that have been evaluated and deemed inadequate for purposes of documenting visual inspections of pipe penetrating building walls and pipe supports, to include a tentative schedule for completion; ii. Provide updates to the Director of Central Region on the progress of item i every 90 days thereafter; and iii. Submit documentation of completion to the Director of Central Region within 60 days of completion. b. For PCO Item A.iii., during informal discussion, Respondent addressed comments received by PHMSA on atmospheric corrosion training documentation and provided updated documentation for review by PHMSA, which PHMSA acknowledges meet the requirements of PCO item A.iii. 24. Item 3: The Notice proposed certain compliance order actions to address the non- compliance alleged in the Notice. Respondent did not contest the PCO, but requested additional time to complete PCO Item B. PHMSA does not oppose this request. As such, Respondent shall, by October 1, 2022: a. b. Hydrotest to re-confirm the appropriate MAOP for the Prime Operating Cherry Creek facility which would be in compliance with § 192.619; and Submit all documentation as it pertains to i. 25. Item 4: The Notice proposed certain compliance order actions to address the non- compliance alleged in the Notice. Respondent did not contest the PCO, but requested clarification of whether the terms of the PCO Item C has been satisfied following remedial actions by Respondent. Following Respondent’ submission of new and additional documentation pertaining to the transmission line valves at stations identified in Item 7, PHMSA finds that Respondent has satisfied the terms of PCO Item C. VI. Enforcement: 26. This Agreement is subject to all enforcement authorities available to PHMSA under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties under 49 U.S.C. § 60122, of up to $239,142 per violation for each day the violation continues and referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that Respondent is not complying with the terms of this Agreement in accordance with determinations made by the Director, or if appealed, in accordance with decisions of the Associate Administrator. The maximum civil penalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. VII. Dispute Resolution: 27. The Director and Respondent will informally attempt to resolve any disputes arising under this Agreement, including but not limited to any decision of the Director. If Respondent and the Director are unable to informally resolve the dispute within 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may submit a written request for a determination resolving the dispute from the Associate Administrator for Pipeline Safety, PHMSA. Such request must be made in writing and provided to the Director, counsel for the Central Region, and to the Associate Administrator for Pipeline Safety, no later than 10 calendar days from the 15-day deadline for informal resolution referenced in this paragraph. Along with its request, Respondent must provide the Associate Administrator with all information Respondent believes is relevant to the dispute. Decisions of the Associate Administrator under this paragraph will constitute final agency action. The existence of a dispute and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe for completion of any work to be performed under this Agreement during the pendency of the dispute resolution process, except as agreed by the Director or the Associate Administrator in writing, or ordered by a court of competent jurisdiction. VIII. Effective Date: 28. The term “Effective Date,” as used herein, is the date on which the Consent Order is issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement. IX. Modification: 29. The terms of this Agreement may be modified by mutual agreement of the Parties. Such modifications must be in writing and signed by both parties. X. Ratification: 30. The Parties’ undersigned representatives certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind such party to this document. 31. The Parties hereby agree to all conditions and terms of this Agreement. [Signature Lines on Following Page] For Tallgrass Interstate Gas Transmission, LLC: Date: For PHMSA: _________________________________________ Director, Central Region, Office of Pipeline Safety Date: ## Provenance - Official: Yes - Source: - Source ID: `phmsa-enforcement` - SHA-256: `887121526139902f2c5ac5408e899ca78c8baf8e96e9a97d79c5f07ccc0e691a` - Retrieved: 2026-08-20T04:44:44.458Z - Exported: 2026-08-22T15:38:40.877Z - Document slug: `phmsa-enforcement-32022017nopv` ### Source metadata ```json { "cpf": "32022017NOPV", "operator": "TALLGRASS INTERSTATE GAS TRANSMISSION, LLC", "region": "Central", "pipelineType": "INTERSTATE GAS TRANSMISSION, JURISDICTIONAL GAS GATHERING", "caseStatus": "CLOSED", "citedSections": [ "192.163(c)", "192.481(b)", "192.517(a)", "192.605(a)", "192.745(a)" ], "dataAsOf": "08/04/2026 12PM", "caseDataAsOf": "2026-08-04", "attachmentCount": 8, "attachments": [ { "name": "32022017NOPV_Closure letter_04082024_(21-210504).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Closure%20letter_04082024_(21-210504).pdf", "bytes": 240487, "category": "agency_document" }, { "name": "32022017NOPV_Closure letter_04082024_(21-210504)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Closure%20letter_04082024_(21-210504)_text.pdf", "bytes": 90798, "category": "agency_document" }, { "name": "32022017NOPV_Consent Agreement and Order_06152022_(21-210504).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Consent%20Agreement%20and%20Order_06152022_(21-210504).pdf", "bytes": 343137, "category": "agency_document" }, { "name": "32022017NOPV_Consent Agreement and Order_06152022_(21-210504)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Consent%20Agreement%20and%20Order_06152022_(21-210504)_text.pdf", "bytes": 268084, "category": "agency_document" }, { "name": "32022017NOPV_Op Resp to Notice and Req for Hrng and Req Time Ext and Stment of Issues_03282022_(21-210504).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Op%20Resp%20to%20Notice%20and%20Req%20for%20Hrng%20and%20Req%20Time%20Ext%20and%20Stment%20of%20Issues_03282022_(21-210504).pdf", "bytes": 445084, "category": "agency_document" }, { "name": "32022017NOPV_Operator Withdrawal of Request for Hearing_06172022_(21-210504).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Operator%20Withdrawal%20of%20Request%20for%20Hearing_06172022_(21-210504).pdf", "bytes": 70959, "category": "party_submission" }, { "name": "32022017NOPV_PCP PCO_01112022_(21-210504).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_PCP%20PCO_01112022_(21-210504).pdf", "bytes": 348260, "category": "case_document" }, { "name": "32022017NOPV_PCP PCO_01112022_(21-210504)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_PCP%20PCO_01112022_(21-210504)_text.pdf", "bytes": 201481, "category": "case_document" } ], "extractedAgencyDocumentCount": 3, "attachmentPolicy": "Official attachment links are retained. Agency-issued documents may also include a verified local PDF and page-level text representation.", "jurisdiction": "US", "operatorName": "TALLGRASS INTERSTATE GAS TRANSMISSION, LLC" } ```