{"operation":"document","citation":"CPF 12020018WL","title":"DCP MIDSTREAM — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-12","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(1)(iv).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020018wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020018wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020018wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020018WL","body":"Warning Letter involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulation as 191.22(c)(1)(iv). The case was opened on 2020-11-12 and is reported as closed as of 2020-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020018WL_Warning Letter_11122020_(20-172146).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020018WL/12020018WL_Warning%20Letter_11122020_(20-172146).pdf\n\n12020018WL_Warning Letter_11122020_(20-172146)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020018WL/12020018WL_Warning%20Letter_11122020_(20-172146)_text.pdf\n\n12020018WL_Warning Letter_11122020_(20-172146)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nNovember 12, 2020\nJerry Barnhill\nSenior Vice President, EHS and Pipeline Services\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, CO 80202\nCPF 1-2020-018-WL\nDear Jerry Barnhill:\nFrom March 3 – 5, 2020, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected DCP Midstream’s (DCP)\nSpindletop Storage underground natural gas storage facility in Beaumont, TX.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. § 191.22 National Registry of Operators.\n(a) …\n(c) Changes. Each operator of a gas pipeline, gas pipeline facility,\nunderground natural gas storage facility, LNG plant, or LNG facility must\nnotify PHMSA electronically through the National Registry of Pipeline,\nUnderground Natural Gas Storage Facility, and LNG Operators at\nhttp://opsweb.phmsa.dot.gov of certain events.\n(1) An operator must notify PHMSA of any of the following events not\nlater than 60 days 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\nwellhead, tubing, or a new casing) of an injection, withdrawal, monitoring,\nor observation well for an underground natural gas storage facility.\n\n\n\nCPF 1-2020-018-WL\nDCP failed to submit a required notification to PHMSA electronically through the National Registry of\nPipeline, Underground Natural Gas Storage Facility and LNG Operators. Specifically, DCP failed to\nnotify PHMSA of a well workover completed in 2019, as required by § 191.22 (c)(1)(iv).\nDuring the inspection, DCP reported that they had not notified PHMSA about the workover of well #2\ncompleted in 2019 that included the replacement of the hanging string. Therefore, DCP failed to meet the\nrequirements of § 191.22 (c)(1)(iv).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $218,647\nper violation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the maximum\npenalty may not exceed $213,268 per violation per day, with a maximum penalty not to exceed\n$2,132,679. For violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not to exceed\n$2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of\nviolations. We have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item(s) identified in this letter. Failure to do so will result in DCP Midstream\nbeing subject to additional enforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being made\npublicly available. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under 5\nU.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this matter\nto Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton,\nNJ 08628. Please refer to CPF 1-2020-018-WL on each document you submit, and whenever possible\nprovide a signed PDF copy in electronic format. Smaller files may be emailed to\nrobert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n12020018WL_Warning Letter_11122020_(20-172146)_text Page 2 of 2","truncated":false,"body_characters":5142}