# DTE GAS COMPANY — Warning Letter

- **operation:** document
- **citation:** CPF 120201002W
- **title:** DTE GAS COMPANY — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2020-01-02
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.12(d).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120201002w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120201002w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120201002w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120201002W
**body:**

Warning Letter involving DTE GAS COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.12(d). The case was opened on 2020-01-02 and is reported as closed as of 2020-01-02. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120201002W_Warning Letter_01022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201002W/120201002W_Warning%20Letter_01022020.pdf

120201002W_Warning Letter_01022020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201002W/120201002W_Warning%20Letter_01022020_text.pdf

120201002W_Warning Letter_01022020_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
January 2, 2020
Mr. Robert Richard
Senior Vice President of Gas Operations
DTE Gas Company
One Energy Plaza
Detroit, MI 48226
CPF 1-2020-1002W
Dear Mr. Richard:
From September 10-12, 2019, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected
DTE Gas Company’s (DTE) Washington 10 Complex Underground Natural Gas Storage (UNGS)
facility in Macomb County, MI.
As a result of the inspection, it is alleged that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected
and the probable violations are:
1. § 192.12 Underground natural gas storage facilities.
(a) …
(d) Each underground natural gas storage facility that uses a
depleted hydrocarbon reservoir or an aquifer reservoir for gas storage,
including those constructed not later than July 18, 2017 must meet the
operations, maintenance, integrity demonstration and verification,
monitoring, threat and hazard identification, assessment, remediation,
site security, emergency response and preparedness, and
recordkeeping requirements and recommendations of API RP 1171,
sections 8, 9, 10, and 11 (incorporated by reference, see §192.7) by
January 18, 2018.



CPF 1-2020-1002W
DTE failed to meet the integrity monitoring requirements of API RP 1171. Specifically, DTE
failed to demonstrate that it visually inspected each wellhead assembly at least annually for leaks
in accordance with API RP 1171, Section 9.3.2.
Section 9.3.2, Well Integrity Monitoring, States in part:
The operator shall visually inspect each wellhead assembly at least annually for leaks.
During the inspection, DTE was not able to provide documentation of the wellhead assembly
leak inspections for 2018.
2. § 192.12 Underground natural gas storage facilities.
(a) …
(d) Each underground natural gas storage facility that uses a
depleted hydrocarbon reservoir or an aquifer reservoir for gas storage,
including those constructed not later than July 18, 2017 must meet the
operations, maintenance, integrity demonstration and verification,
monitoring, threat and hazard identification, assessment, remediation,
site security, emergency response and preparedness, and
recordkeeping requirements and recommendations of API RP 1171,
sections 8, 9, 10, and 11 (incorporated by reference, see §192.7) by
January 18, 2018.
DTE failed to meet the integrity monitoring requirements of API RP 1171. Specifically, DTE
failed to demonstrate that it function-tested surface safety valves at least annually in accordance
with API RP 1171, Section 9.3.2.
Section 9.3.2, Well Integrity Monitoring, States in part:
Surface and subsurface safety valve systems, where installed, shall be function-tested at
least annually.
During the inspection, DTE was not able to provide documentation of the surface safety valve
function tests for 2018.
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
120201002W_Warning Letter_01022020_text Page 2 of 3



CPF 1-2020-1002W
item(s) identified in this letter. Failure to do so will result in DTE Gas Company 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 1-2020-1002W 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
Cc: Ms. Renee Tomina, Vice President of Gas Operations, DTE Gas Company; One Energy
Plaza Detroit, MI 48226
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