{"operation":"document","citation":"CPF 12026022NOPV","title":"CRANBERRY PIPELINE CORP (WV) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2026-02-24","effective_on":null,"summary":"OPEN notice of probable violation citing 192.12(d)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026022nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026022nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026022nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026022NOPV","body":"Notice of Probable Violation involving CRANBERRY PIPELINE CORP (WV). PHMSA's enforcement data identifies the cited regulation as 192.12(d)(2). The case was opened on 2026-02-24 and is reported as open. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026022NOPV_Final Order_04212026_(25-330072).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026022NOPV/12026022NOPV_Final%20Order_04212026_(25-330072).pdf\n\n12026022NOPV_Final Order_04212026_(25-330072)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026022NOPV/12026022NOPV_Final%20Order_04212026_(25-330072)_text.pdf\n\n12026022NOPV_Operator Response to Notice_03242026_(25-330072).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026022NOPV/12026022NOPV_Operator%20Response%20to%20Notice_03242026_(25-330072).pdf\n\n12026022NOPV_PCO_02242026_(25-330072).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026022NOPV/12026022NOPV_PCO_02242026_(25-330072).pdf\n\n12026022NOPV_PCO_02242026_(25-330072)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026022NOPV/12026022NOPV_PCO_02242026_(25-330072)_text.pdf\n\n12026022NOPV_Final Order_04212026_(25-330072)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nApril 21, 2026\nVIA ELECTRONIC MAIL TO: bgray@dgoc.com\nBradley Gray\nExecutive VP/COO\nCranberry Pipeline Corporation\n1800 Corporate Drive\nBirmingham, AL 35242\nRe: CPF No. 1-2026-022-NOPV\nDear Mr. Gray:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Eastern Region, this enforcement action will be closed. Service of the Final Order by e-\nmail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nJames S. Bailey, VP, Midstream Operations (Compliance), Diversified Energy,\njsbailey@dgoc.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nCranberry Pipeline Corporation, ) CPF No. 1-2026-022-NOPV\na subsidiary of Diversified Midstream, LLC, )\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nOn February 24, 2026, pursuant to 49 C.F.R. § 190.207, the Director, Eastern Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Cranberry Pipeline\nCorporation (Respondent), a subsidiary of Diversified Midstream, LLC. The Notice proposed\nfinding that Respondent had violated the pipeline safety regulations in 49 CFR Part 192. The\nNotice also proposed certain measures to correct the violation. Diversified Midstream LLC\n(Diversified) and Respondent collectively responded to the Notice. Diversified and Respondent\ndid not contest the allegation of violation or corrective measures but did provide additional\ninformation regarding its compliance with Part 192.\nThe allegation of violation being uncontested, pursuant to section 190.213, I find Respondent\nviolated the pipeline safety regulation listed below, as more fully described in the enclosed\nNotice, which is incorporated by reference:\n49 CFR § 192.12(d)(2) (Item 1) ─ Respondent failed to complete the baseline\nrisk assessment for at least 40% of its underground natural gas storage facility\nwells by March 13, 2024. Specifically, Respondent failed to evaluate the\nmechanical integrity of any of its wells with a downhole inspection and failed to\nincorporate the results of any of these evaluations into the baseline risk\nassessments.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violation. The Director may grant an\n\n\n\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Failure to\ncomply with this Order may result in the assessment of civil penalties under 49 CFR § 190.223\nor in referral to the Attorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\n609.771.7800\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: bgray@dgoc.com\nFebruary 24, 2026\nBradley Gray\nExecutive VP/COO\nCranberry Pipeline Corporation\n1800 Corporate Drive\nBirmingham, AL 35242\nCPF 1-2026-022-NOPV\nDear Mr. Gray:\nFrom August 12 through 14, 2025, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nCranberry Pipeline Corporation’s (CPC)1 Heizer Creek Storage and Maxton underground natural\ngas storage facilities (UNGSFs) in Putnam and Raleigh Counties, West Virginia.\nAs a result of the inspection, it is alleged that CPC has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined in § 192.3,\nare not subject to any requirements of this part aside from this section.\n(a) . . . .\n(d) Integrity management program —\n(1) . . . .\n(2) Integrity management baseline risk-assessment intervals. No later than\nMarch 13, 2024, each UNGSF operator must complete the baseline risk\nassessments of all reservoirs and caverns, and at least 40% of the baseline risk\nassessments for each of its UNGSF wells (including wellhead assemblies),\nbeginning with the highest-risk wells, as identified by the risk analysis process.\n1 CPC is a subsidiary of Diversified Midstream LLC.\n\n\n\nCPF 1-2026-022-NOPV\nNo later than March 13, 2027, an operator must complete baseline risk\nassessments on all its wells (including wellhead assemblies). Operators may use\nprior risk assessments for a well as a baseline (or part of the baseline) risk\nassessment in implementing its initial integrity management program, so long\nas the prior assessments meet the requirements of API RP 1171 (incorporated\nby reference, see § 192.7), section 8, and continue to be relevant and valid for\nthe current operating and environmental conditions. When evaluating prior\nrisk-assessment results, operators must account for the growth and effects of\nindicated defects since the time the assessment was performed.\nCPC failed to complete the baseline risk assessment for at least 40% of its UNGSF wells by March\n13, 2024, in accordance with section 192.12(d)(2). Specifically, CPC failed to evaluate the\nmechanical integrity of any of its wells with a downhole inspection and failed to incorporate the\nresults of any of these evaluations into the baseline risk assessments.\nAs a subsidiary, CPC uses Diversified Midstream LLC’s Storage Integrity Management Plan\n(02/01/2025) (SIMP) and section 8.3.3 notes in part that:\n[CPC] shall evaluate the mechanical integrity of each active well, including each\nthird-party well, that penetrates the storage reservoir and buffer zone, or areas\ninfluenced by storage operations.\n• Well integrity evaluation methods typically used include but are not limited to\nreview of design, completion and well work records, wellhead and downhole\ninspection, well pressure monitoring and testing, and gas sampling.\n•\n. . .\n• Active well mechanical integrity evaluations shall include initial and\nsubsequent evaluations as determined using the risk assessment and the\ninformation derived from the initial evaluation.\nDuring the inspection, PHMSA noted that CPC’s baseline risk assessments did not incorporate\ndownhole mechanical integrity inspection methods into the risk evaluation for any of the 16 active\nwells in the two fields, which would have allowed CPC to monitor for tubular corrosion and\nevaluate corrosion impact on well integrity and operating pressure. Consequently, without the\ndownhole inspection method such as a casing corrosion log to support the assumptions made and\nthe methodology used to complete the calculations in the risk model, CPC lacked any historical\ndata that may have been relevant and valid for current operating and environmental conditions, or\nany current data. No downhole mechanical integrity evaluations (casing logs) had been conducted\nby March 13, 2024.\nTherefore, CPC failed to complete the baseline risk assessment for at least 40% of its UNGSF\nwells by March 13, 2024, in accordance with section 192.12(d)(2).\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nPage 2 of 5\n\n\n\nCPF 1-2026-022-NOPV\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6, 2023,\nthe maximum penalty may not exceed $239,142 per violation per day the violation persists, up to\na maximum of $2,391,412 for a related series of violations. For violation occurring on or after\nMay 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per\nviolation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Item 1, pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Cranberry Pipeline Corporation. Please\nrefer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe 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\n5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region Director\nmay extend the period for responding upon a written request timely submitted demonstrating good\ncause for an extension.\nPage 3 of 5\n\n\n\nCPF 1-2026-022-NOPV\nIn your correspondence on this matter, please refer to CPF 1-2026-022-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\nPage 4 of 5\n\n\n\nCPF 1-2026-022-NOPV\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Cranberry Pipeline Corporation (CPC) a\nCompliance Order incorporating the following remedial requirements to ensure the compliance of\nCPC with the pipeline safety regulations:\nA. In regard to Item 1 of the Notice pertaining to CPC’s failure to complete the baseline\nrisk assessment for at least 40% of its UNGSF wells by March 13, 2024, CPC must\ncomplete the baseline risk assessment for the seven highest-risk wells by September\n26, 2026, or within 180 days of receipt of the Final Order, whichever is later.\nB. It is requested (not mandated) that CPC maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration. It is requested that these costs be reported in two categories:\n1) total cost associated with preparation/revision of plans, procedures, studies and\nanalyses, and 2) total cost associated with replacements, additions and other changes\nto pipeline infrastructure.\nPage 5 of 5","truncated":false,"body_characters":14891}