{"operation":"document","citation":"CPF 32021001WL","title":"ROCKIES EXPRESS PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-01-11","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(1)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021001wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021001wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021001wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021001WL","body":"Warning Letter involving ROCKIES EXPRESS PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 191.22(c)(1)(i). The case was opened on 2021-01-11 and is reported as closed as of 2021-01-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021001WL_Operator Response to Notice_03052021_(20-178801).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021001WL/32021001WL_Operator%20Response%20to%20Notice_03052021_(20-178801).pdf\n\n32021001WL_Warning Letter_01112021_(20-178801).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021001WL/32021001WL_Warning%20Letter_01112021_(20-178801).pdf\n\n32021001WL_Warning Letter_01112021_(20-178801)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021001WL/32021001WL_Warning%20Letter_01112021_(20-178801)_text.pdf\n\n32021001WL_Warning Letter_01112021_(20-178801)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Bill.Moler@TallgrassEnergyLP.com and\nJennifer.FcklesEckles@TallgrassEnergyLP.com\nJanuary 11, 2021\nWilliam Moler\nChief Executive Officer\nRockies Express Pipeline LLC\n2400 West 155th Street, Suite 350\nLeawood, KS 66221-2609\nCPF 3-2021-001-WL\nDear William Moler:\nFrom February 18, 2020 - December 1, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected your Rockies Express Pipeline LLC's (REXs) Cheyenne Hub compressor\nstation in Cheyenne, CO.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation(s) is:\n\n\n\n1. § 191.22 - National Registry of Pipeline and LNG operators.\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\nevents.\n(1) An operator must notify PHMSA of any of the following events not later than 60\ndays before the event occurs:\n(i) Construction or any planned rehabilitation, replacement, modification, upgrade,\nuprate, or update of a facility, other than a section of line pipe, that costs $10 million\nor more. If 60 day notice is not feasible because of an emergency, an operator must\nnotify PHMSA as soon as practicable;\nREX failed to notify PHMSA about the Cheyenne Hub Enhancement planned construction\nproject, costing more than $10 million, no later than 60 days before it began. REX filed a\napplication to the Federal Energy Regulatory Commission (FERC) on September 20, 2019. Per\nthe FERC filing under docket number CP18-103-000, Rockies Express proposed to construct and\noperate at the existing Cheyenne Hub Compressor Station in Weld County, Colorado, six new\n5,350 horsepower (hp) natural gas reciprocating compressor units (32,100 hp total) and ancillary\nequipment. Rockies Express also proposed to modify the existing Colorado Interstate Gas\nCompany, LLC and Trailblazer Pipeline Company, LLC Interconnect Meter Stations to enable\nbi-directional gas flow through the meters. REX later reported to FERC that construction of the\nproject facilities commenced on October 17, 2019. This construction project was well under way\nand was only brought to PHMSA’s attention on February 18, 2020, when PHMSA’s Western\nRegion inspectors were onsite for a different construction project for the new Cheyenne\nConnector pipeline with the Operator Identification Number (OPID) 39933. On March 9, 2020, a\nlate notification was made to PHMSA about the Cheyenne Hub Enhancement construction\nproject for REX (OPID 32163).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a\nrelated series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring\nprior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per\nday, with a maximum penalty not to exceed $2,000,000 for a related series of violations.\nWe 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\n2\n\n\n\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nRockies Express Pipeline, LLC 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 3-2021-001-WL. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Jennifer Eckels, Manager of Compliance, 370 Van Gordon, Street, Lakewood, CO 80228;\njennifer.eckels@tallgrassenergylp.com\n3","truncated":false,"body_characters":5897}