# DCP MIDSTREAM — Warning Letter

- **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:** Not available
- **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.

Official case documents:

12020018WL_Warning Letter_11122020_(20-172146).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020018WL/12020018WL_Warning%20Letter_11122020_(20-172146).pdf

12020018WL_Warning Letter_11122020_(20-172146)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020018WL/12020018WL_Warning%20Letter_11122020_(20-172146)_text.pdf

12020018WL_Warning Letter_11122020_(20-172146)_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
November 12, 2020
Jerry Barnhill
Senior Vice President, EHS and Pipeline Services
DCP Midstream
370 17th Street, Suite 2500
Denver, CO 80202
CPF 1-2020-018-WL
Dear Jerry Barnhill:
From March 3 – 5, 2020, a representative of the Pipeline and Hazardous Materials Safety Administration
(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected DCP Midstream’s (DCP)
Spindletop Storage underground natural gas storage facility in Beaumont, TX.
As a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable
violation is:
1. § 191.22 National Registry of Operators.
(a) …
(c) Changes. Each operator of a gas pipeline, gas pipeline facility,
underground natural gas storage facility, LNG plant, or LNG facility must
notify PHMSA electronically through the National Registry of Pipeline,
Underground Natural Gas Storage Facility, and LNG Operators at
http://opsweb.phmsa.dot.gov of certain events.
(1) An operator must notify PHMSA of any of the following events not
later than 60 days before the event occurs:
(iv) Construction of a new underground natural gas storage facility or the
abandonment, drilling or well workover (including replacement of
wellhead, tubing, or a new casing) of an injection, withdrawal, monitoring,
or observation well for an underground natural gas storage facility.



CPF 1-2020-018-WL
DCP failed to submit a required notification to PHMSA electronically through the National Registry of
Pipeline, Underground Natural Gas Storage Facility and LNG Operators. Specifically, DCP failed to
notify PHMSA of a well workover completed in 2019, as required by § 191.22 (c)(1)(iv).
During the inspection, DCP reported that they had not notified PHMSA about the workover of well #2
completed in 2019 that included the replacement of the hanging string. Therefore, DCP failed to meet the
requirements of § 191.22 (c)(1)(iv).
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $218,647
per violation per day the violation persists, up to a maximum of $2,186,465 for a related series of
violations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the maximum
penalty may not exceed $213,268 per violation per day, with a maximum penalty not to exceed
$2,132,679. For violation occurring on or after November 2, 2015 and before November 27, 2018, the
maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not to exceed
$2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed
$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of
violations. We have reviewed the circumstances and supporting documents involved in this case, and have
decided not to conduct additional enforcement action or penalty assessment proceedings at this time. We
advise you to correct the item(s) identified in this letter. Failure to do so will result in DCP Midstream
being subject to additional enforcement action.
Be advised that all material you submit in response to this enforcement action is subject to being made
publicly available. If you believe that any portion of your responsive material qualifies for confidential
treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second
copy of the document with the portions you believe qualify for confidential treatment redacted and an
explanation of why you believe the redacted information qualifies for confidential treatment under 5
U.S.C. 552(b).
No reply to this letter is required. If you choose to reply, please submit all correspondence in this matter
to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton,
NJ 08628. Please refer to CPF 1-2020-018-WL on each document you submit, and whenever possible
provide a signed PDF copy in electronic format. Smaller files may be emailed to
robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the original
paper copy to the Eastern Region Office.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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