{"operation":"document","citation":"CPF 120180006W","title":"PUBLIC SERVICE CO OF COLORADO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-11-19","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(1)(iv), 192.12(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120180006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120180006W","body":"Warning Letter involving PUBLIC SERVICE CO OF COLORADO. PHMSA's enforcement data identifies the cited regulations as 191.22(c)(1)(iv),  192.12(d). The case was opened on 2018-11-19 and is reported as closed as of 2018-11-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120180006W_Warning Letter_11192018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180006W/120180006W_Warning%20Letter_11192018.pdf\n\n120180006W_Warning Letter_11192018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120180006W/120180006W_Warning%20Letter_11192018_text.pdf\n\n120180006W_Warning Letter_11192018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nNovember 19, 2018\nMs. Cheryl Campbell\nSenior Vice President\nPublic Service Company of Colorado\n1800 Larimer St.\nDenver, CO 80202\nCPF 1-2018-0006W\nDear Ms. Campbell:\nFrom March 13 – 15, 2018, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Public\nService Company of Colorado’s (Xcel) Asbury and Fruita Underground Natural Gas Storage\n(UGS) fields in Grand Junction, Colorado.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 191.22 National Registry of Pipeline and LNG operators.\n(a) …\n(c) Changes. Each operator of a gas pipeline, gas pipeline facility, underground\nnatural gas storage facility, LNG plant, or LNG facility must notify PHMSA\nelectronically through the National Registry of Pipeline, Underground Natural Gas\nStorage Facility, and LNG Operators at http://opsweb.phmsa.dot.gov of certain events.\n(1) An operator must notify PHMSA of any of the following events not later than 60\ndays before the event occurs:\n(iv) Construction of a new underground natural gas storage facility or the\nabandonment, drilling or well workover (including replacement of wellhead, tubing,\nor a new casing) of an injection, withdrawal, monitoring, or observation well for an\n\n\n\nCPF 1-2018-0006W\nunderground natural gas storage facility.\nXcel failed to notify PHMSA in accordance with § 191.22(c)(1)(iv). Specifically, Xcel did not\nnotify PHMSA when it installed new subsurface safety valves and packers in 2017.\n2. § 192.12 Underground natural gas storage facilities.\n(a) …\n(d) Each underground natural gas storage facility that uses a depleted hydrocarbon\nreservoir or an aquifer reservoir for gas storage, including those constructed not later\nthan July 18, 2017 must meet the operations, maintenance, integrity demonstration\nand verification, monitoring, threat and hazard identification, assessment,\nremediation, site security, emergency response and preparedness, and recordkeeping\nrequirements and recommendations of API RP 1171, sections 8, 9, 10, and 11\n(incorporated by reference, see § 192.7) by January 18, 2018.\nXcel failed to monitor annular pressure, as directed by API RP 1171 Section 9.3.2, at 1 well at the\nAsbury UGS field.\nAPI RP 1171, Section 9.3.2, states in part “The operator shall monitor for presence of annual gas\nby measuring and recording annular pressure and/or annular gas flow.”\nDuring the field inspection at Asbury UGS field, PHMSA discovered that Xcel was unable to\nmonitor the annular pressure at the surface casing at Well #9 due to not being able to locate the\nsurface casing. Xcel stated that they excavated 6 feet but could not find any surface casing and\nconcluded there may not be any surface casing. However, information found on the Colorado Oil\nand Gas Conservation Commission’s (COGCC) website showed there was surface casing but the\nsurface casing may be deeper than excavated.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Xcel being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2018-0006W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\n120180006W_Warning Letter_11192018_text Page 2 of 3\n\n\n\nCPF 1-2018-0006W\nPlease note, the address for the PHMSA Eastern Region, Office of Pipeline Safety, has changed:\nPHMSA, Eastern Region, Office of Pipeline Safety\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nPlease make a note of this new information in your records. If you have any questions, please\ncontact us at 609-771-7800.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120180006W_Warning Letter_11192018_text Page 3 of 3","truncated":false,"body_characters":5771}