{"operation":"document","citation":"CPF 32022017NOPV","title":"TALLGRASS INTERSTATE GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.163(c), 192.481(b), 192.517(a), 192.605(a), 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022017nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022017nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022017nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022017NOPV","body":"Notice of Probable Violation involving TALLGRASS INTERSTATE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.163(c),  192.481(b),  192.517(a),  192.605(a),  192.745(a). The case was opened on 2022-01-11 and is reported as closed as of 2024-04-08. Proposed civil penalty: $172,200. Assessed civil penalty: $172,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022017NOPV_Closure letter_04082024_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Closure%20letter_04082024_(21-210504).pdf\n\n32022017NOPV_Closure letter_04082024_(21-210504)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Closure%20letter_04082024_(21-210504)_text.pdf\n\n32022017NOPV_Consent Agreement and Order_06152022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Consent%20Agreement%20and%20Order_06152022_(21-210504).pdf\n\n32022017NOPV_Consent Agreement and Order_06152022_(21-210504)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Consent%20Agreement%20and%20Order_06152022_(21-210504)_text.pdf\n\n32022017NOPV_Op Resp to Notice and Req for Hrng and Req Time Ext and Stment of Issues_03282022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Op%20Resp%20to%20Notice%20and%20Req%20for%20Hrng%20and%20Req%20Time%20Ext%20and%20Stment%20of%20Issues_03282022_(21-210504).pdf\n\n32022017NOPV_Operator Withdrawal of Request for Hearing_06172022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_Operator%20Withdrawal%20of%20Request%20for%20Hearing_06172022_(21-210504).pdf\n\n32022017NOPV_PCP PCO_01112022_(21-210504).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_PCP%20PCO_01112022_(21-210504).pdf\n\n32022017NOPV_PCP PCO_01112022_(21-210504)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022017NOPV/32022017NOPV_PCP%20PCO_01112022_(21-210504)_text.pdf\n\n32022017NOPV_Closure letter_04082024_(21-210504)_text.pdf\n\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com;\ncrystal.heter@tallgrassenergylp.com; danielle.stephens@tallgrass.com\nApril 8, 2024\nMr. Matt Sheehy\nChief Executive Officer\nTallgrass Interstate Gas Transmission\n2400 W. 115th St. Suite 350\nLeawood, KS 66211\nRe: 3-2022-017-NOPV\nDear Mr. Sheehy:\nOn June 15, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\na Consent Order incorporating the terms of the Consent Agreement between PHMSA and Tallgrass\nInterstate Gas Transmission (Tallgrass) in the above-referenced case. This Order included a\nCompliance Order and Civil Penalty assessment. Based on our review of the documentation\nTallgrass has provided and confirmation of payment of the civil penalty on June 21, 2022, it has\nbeen determined that Tallgrass has complied with the terms of this Consent Agreement and Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Danielle Stephens , DOT Compliance Primary, Tallgrass Energy, L.P.,\nDanielle.Stephens@tallgrass.com\nCrystal Heter, Chief Operating Officer, Tallgrass Energy, L.P.,\ncrystal.heter@tallgrassenergylp.com\n\n32022017NOPV_Op Resp to Notice and Req for Hrng and Req Time Ext and Stment of Issues_03282022_(21-210504).pdf\n\nTALLGRASSE\nLeading Energy Solutions\nMarch 28, 2022\nMr. Gregory A. Ochs\nDirector, Central Region\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 462\nKansas City, MO 64106\nRe: CPF No. 3-2022-017-NOPV\nResponse to NOPV - Tallgrass Interstate Gas Transmission, LLC\nDear Mr. Ochs:\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency) issued a\nNotice of Probable Violation (NOPV), proposed civil penalty, and proposed compliance order\n(PCO) to Tallgrass Interstate Gas Transmission, LLC (TIGT) on January 11, 2022. The NOPV\nalleges seven (7) violations of the federal pipeline safety regulations at Part 192. On February 4,\n2022, PHMSA granted an extension to Tallgrass MLP Operations on behalf of TIGT (Tallgrass or\nthe Company) to allow Tallgrass to respond to the NOPV by March 28, 2022, and, therefore, this\nresponse is timely.\nTallgrass shares PHMSA's commitment to pipeline safety and is committed to maintaining the\nsafe operation of its pipeline assets in compliance with the federal pipeline safety regulations. With\nthat commitment in mind, in the interest of cooperation and without admission, Tallgrass is\ncontesting a single allegation in the NOPV, Item 5, which alleges that Tallgrass failed to comply\nwith its procedures related to inspections of pressure limiting and relief devices. Tallgrass believes\nthat this allegation is based on a misunderstanding of its processes and procedures. As to the\nremaining six (6) of the seven (7) alleged violations identified in the NOPV, Tallgrass without\nadmission has elected not to contest them and provides a written response to clarify some of the\nfactual issues underlying the NOPV and to request certain adjustments to the associated PCO\nobligations for Items 2, 3 and 4, including confirmation that some of the obligations have already\nbeen addressed. Tallgrass also expressly reserves the right to discuss any jurisdictional issues as\napproprate.\nTallgrass respectfully requests the opportunity to convene an informal settlement meeting with\nPHMSA to discuss and resolve NOPV Item 5, address factual clarifications, and confirm PCO\nobligations for Items 2, 3 and 4, some of which the Company has already completed. In the event\nthat the parties are unable to resolve the NOPV, however, and in order to preserve Tallgrass's\nrights, the Company is, without admission, requesting a hearing on Item 5 pursuant to 49 C.F.R.\n§§ 190.208 and 190.211. Tallgrass respectfully requests that PHMSA refrain from scheduling a\nhearing in order to provide the parties with sufficient time to attempt to resolve the NOPV.\n370 Van Gordon Street Lakewood, CO 80228-1519 303.763.2950\n\n\n\nTallgrass Energy Partners, LP\nCPF No. 3-2022-017-NOPV\nI. Tallgrass Response to Uncontested NOPV Items 1, 2, 3, 4, 6 & 7\nA. NOPV Item 1 (§ 192.163(c) – Compressor stations: Design and construction)\nTallgrass is not contesting this allegation which was issued as a warning item. The\nCompany will replace the doors associated with this NOPV Item although the Company\ndoes not believe that these doors restrict or impede the ability to exit the compressor station,\nand believes the doors installed at this location are compliant with relevant Occupational\nSafety and Health Administration regulations and the National Fire Protection\nAssociation’s Life Safety Code.\nB. NOPV Item 2 (§ 192.481(b) – Atmospheric corrosion control: Monitoring)\nTallgrass is not contesting this allegation or the associated penalty but respectfully requests\nthe opportunity to discuss factual clarifications and the terms of the PCO in an informal\nconference, including to confirm that some of these terms have already been satisfied by\nTallgrass. By way of example, Tallgrass already implemented training to reinforce the\nrelevant knowledge and skills required for personnel conducting atmospheric inspections\nunder 49 C.F.R. § 192.481. Based on this training, Tallgrass believes it has met the\nobligations of the PCO Item A.iii.\nWith respect to the remaining obligations in the PCO, Tallgrass agrees to perform the\nevaluation and visual inspection of all deck penetrations and pipe supports as requested in\naccordance with PCO Items A.i and A.ii. Based on the existence of pipe clamps or where\npiping is not easily accessible, Tallgrass respectfully requests that PHMSA modify PCO\nItem A to provide the Company with additional time to conduct these inspections and the\nability to request an extension for good cause shown.\nC. NOPV Item 3 (§ 192.517(a) – Records)\nTallgrass is not contesting this allegation, but respectfully requests additional time to\ncomplete the hydrotest required by PCO Item B. By way of explanation, due to an\ninadvertent filing error and the fact that the Prime Operating Cherry Creek facility was\noriginally constructed under a different name, the Company was unable to locate the\npressure test records at the time of the inspection. After the inspection, Tallgrass identified\nthe filing error and located relevant historical records. Given the nature of the historical\nrecords, and as outlined in the PCO, Tallgrass is nevertheless developing a hydrotest\nprotocol in order to confirm and/or reestablish the MAOP for the Prime Operating Cheery\nCreek facility. Because this process may require more than the 90 days allotted by the PCO,\nTallgrass requests that PHMSA provide Tallgrass with additional time under Item B of the\nPCO and to allow for the ability to request an extension for good cause shown.\n2\n\n\n\nTallgrass Energy Partners, LP\nCPF No. 3-2022-017-NOPV\nD. NOPV Item 4 (§ 192.605(a) – Procedural manual for operations, maintenance, and\nemergencies)\nTallgrass is not contesting this allegation or the associated penalty but respectfully requests\nthe opportunity to confirm that it has already satisfied the terms of the associated PCO\nobligation at Item C. In particular, after the inspection and in order to address PHMSA’s\nconcern, Tallgrass identified all block valves within the scope of the inspection with an H-\nframe design, evaluated those valves, and corrected any identified deficiencies. During this\nprocess, Tallgrass re-trained its personnel on the requirements of the relevant procedure,\nOM 301_G. Based on its efforts, Tallgrass respectfully requests that PHMSA confirm that\nItem C of the PCO has been satisfied.\nE. NOPV Item 6 (§ 192.605(a) – Procedural manual for operations, maintenance, and\nemergencies)\nTallgrass is not contesting this allegation which was issued as a warning item and as\nacknowledged by PHMSA in the NOPV, Tallgrass removed the shorted casing after the\ninspection. Additionally, Tallgrass has revised its procedures, at O&M 903_GL, to clarify\nits processes for evaluating mechanically-shorted casings.\nF. NOPV Item 7 (§ 192.745(a) – Valve maintenance: Transmission lines)\nTallgrass is not contesting this allegation or the associated penalty. As required by 49\nC.F.R. § 195.745, Tallgrass has and continues to inspect and partially operate valves at the\nCasper and Glenrock Compressor Stations, including in 2019 and 2020. Historically,\napplicable valve inspections and partial operations at these compressor stations were\ndocumented on locally-produced forms. To ensure compliance with Tallgrass procedure,\nOM 300-03_GL, the Company developed a new and expanded form for documenting these\ninspections and partial operations, which was used in 2021 to document inspections and\npartial operations at the Casper Compressor Station and in 2020 and 2021 at the Glenrock\nCompressor Station.\n3\n\n\n\nTallgrass Energy Partners, LP\nCPF No. 3-2022-017-NOPV\nII. Tallgrass Written Response, Request for Hearing, and Statement of Issues Regarding\nNOPV Item 5\nA. NOPV Item 5\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations\nand maintenance activities and for emergency response. For\ntransmission lines, the manual must also include procedures for\nhandling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at\nleast once each calendar year. This manual must be prepared before\noperations of a pipeline system commence. Appropriate parts of the\nmanual must be kept at locations where operations and maintenance\nactivities are conducted.\nPHMSA Allegation\nTallgrass failed to follow for each pipeline, a manual of written procedures for\nconducting operations and maintenance activities and for emergency response.\nSpecifically, Tallgrass failed to follow its Operations and Maintenance (OM) manual\nprocedure OM 703_G.\nTallgrass’s OM 703_G, titled “Pressure Limiting and Relief Devices and Inspections,”\nSection 3.6, titled “Overpressure Protection Evaluation and Review,” states\ndocumentation should be in either Form OM700-01 or OM700-02.\nDuring the field inspection at the Casper compressor station, field personnel stated that\noverpressure protection evaluation and reviews were documented in Excel. Tallgrass\nprovided the evaluation and review of this station on Form OM700-02 which was dated\n2009. Tallgrass could not provide the appropriate records for the last 3 years.\nPHMSA proposed a $28,600 civil penalty for this alleged violation.\nB. Tallgrass Response to NOPV Item 5:\nTallgrass contests this allegation and the associated proposed penalty on the basis that the\nCompany believes there is a misunderstanding regarding Tallgrass’s procedures and\nprocesses and the requirements of 49 C.F.R. § 192.743.\nRelevant Tallgrass procedure, OM 703_G, states:\n4\n\n\n\nTallgrass Energy Partners, LP\nCPF No. 3-2022-017-NOPV\nOperations Supervisor will maintain a file of completed forms OM700-\n01_GL - Overpressure Protection Method and OM700-02_G - Overpressure\nProtection Evaluation and the corresponding design and capacity support\ninformation for pressure limiting and relief devices in gas service. Review\nthis file at least once each calendar year, not to exceed 15 months, for\nadequate capacity documentation.\n(emphasis added). A copy of this procedure which was provided at the time of inspection\nis included as Attachment 1.\nPursuant to this procedure, the Company completes both the OM700-01_GL -\nOverpressure Protection Method and OM700-02_G - Overpressure Protection Evaluation\nforms related to pressure limiting and relief devices and maintains these forms. As required\nby its procedure, Tallgrass annually reviews the last OM700-02_G on record and verifies\nthe parameters of the relevant pressure limiting or relief device to ensure that the capacity\nof the device has not changed. This review is documented using the Company’s I&M 1-\n906.00.\nOM 703_G does not require Tallgrass to complete a new form, OM700-02_G, during each\nannual review. The Company completes a new form as required by OM 703_G when there\nis a change in the parameters or capacity of the pressure limiting or relief device. This\nprocess is consistent with the requirements of 49 C.F.R. § 192.743(b), which expressly\nstates that “subsequent [capacity] calculations [of a pressure limiting or relief device] need\nnot be made if the annual review documents that parameters have not changed to cause the\nrated or experimentally determined relieving capacity to be insufficient.”\nConsistent with 49 C.F.R. § 192.743(b) and its procedures, Tallgrass conducts annual\nreviews to verify the capacity of its pressure limiting or relief devices. To date, these\nreviews have not identified any changes that would warrant completing a new form\nOM700-2_G under OM 703_G. As a result, Tallgrass has complied with its procedures as\nrequired by 49 C.F.R. § 192.605.\nFor these reasons, Tallgrass respectfully requests that PHMSA withdraw this item and the\nassociated proposed civil penalty.\nC. Statement of Issues\n1. Whether PHMSA met its burden to prove by a preponderance of the evidence that\nTallgrass failed to comply with its procedures in violation of 49 C.F.R. § 192.605\nas it relates to evaluating and documenting the capacity of pressure limiting or relief\ndevices.\n2. Whether the proposed civil penalty associated with NOPV Item 5 should be\nwithdrawn or reduced.\n5\n\n\n\nTallgrass Energy Partners, LP\nCPF No. 3-2022-017-NOPV\nIII. Summary and Request for Relief\nTallgrass is committed to operating its pipeline assets safely and in compliance with PHMSA\nregulations. In the spirit of cooperation and without admission, Tallgrass has only elected to\ncontest one (1) of the seven (7) allegations provided in the NOPV. For the reasons identified above,\nand in consideration of other matters as justice may require, Tallgrass respectfully requests that\nPHMSA withdraw NOPV Item 5 and the associated proposed civil penalty.\nTallgrass believes that NOPV Item 5 is based on a misunderstanding that can be resolved without\nresort to a hearing, however, and requests that a hearing date be postponed until the parties have\nhad an opportunity to convene via settlement conference.\nThe Company appreciates PHMSA’s efforts and consideration of this request. If you have any\nquestions or would like to discuss this matter further, please do not hesitate to contact me.\nSincerely,\nJennifer Eckels\nTallgrass Compliance Manager\nEnclosures: Attachment 1 – Procedure OM 703_G\ncc: Crystal Heter, Tallgrass Chief Operating Officer\nNicole Longwell, Esq., Tallgrass Assistant General Counsel\nByron Gale, Vice President, Environmental, Health, Safety, and Security\nJay Meyers, Vice President, Engineering and Technical Services\nCatherine Little, Esq., Troutman Pepper\nAnnie Cook, Esq., Troutman Pepper\nJoe Hainline, Esq., PHMSA General Counsel\nJames Bunn, PHMSA Operations Supervisor\n6\n\n32022017NOPV_Consent Agreement and Order_06152022_(21-210504)_text.pdf\n\nJune 15, 2022\nVIA ELECTRONIC MAIL TO: bill.moler@tallgrassenergylp.com\nMr. William Moler\nChief Executive Officer\nTallgrass Interstate Gas Transmission, LLC\n4200 W. 115th Street, Suite 350\nLeawood, Kansas 66211\nCPF No. 3-2022-017-NOPV\nDear Mr. Moler:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Tallgrass\nInterstate Gas Transmission, LLC (Tallgrass or Respondent), which was executed on June 6,\n2022. Service of the Consent Order and Consent Agreement by electronic mail is deemed\neffective upon the date of transmission and acknowledgement of receipt, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nSincerely,\nAlan K Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Agreement and Consent Order\nCc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMs. Crystal Heter, Chief Operating Officer, Tallgrass, crystal.heter@tallgrass.com\nMs. Jennifer Eckels, Compliance Manager, Tallgrass, jennifer.eckels@tallgrass.com\nMs. Catherine Little, outside counsel for Tallgrass, catherine.little@troutman.com\nMs. Annie Cook, outside counsel for Tallgrass, annie.cook@troutman.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____________________________________\n)\nIn the Matter of )\n)\nTallgrass Interstate Gas ) CPF No. 3-2022-017-NOPV\nTransmission, LLC, )\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated January 11, 2022, the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil Penalty,\nand Proposed Compliance Order (Notice) to Tallgrass Interstate Gas Transmission, LLC (Tallgrass\nor Respondent).\nIn response to the Notice, Respondent requested a hearing on Item 5, contesting both the underlying\nviolation and proposed civil penalty, and sought clarification and modification of the proposed\ncompliance order terms and requirements (Response). Respondent also asked for the opportunity to\nmeet informally with PHMSA to discuss all items in the Notice. Respondent and PHMSA (the\nParties) subsequently met to discuss the issues raised in the Response. As a result of those\ndiscussions, as explained in more detail below, PHMSA has agreed to certain factual clarifications\nassociated with Items 2 and 4, and Respondent without admission has agreed to withdraw its\nhearing request and accept the warning items and findings of violation as alleged in the Notice\nsubject to the clarifications as set forth below, pay a civil penalty in the amount of $172,200 for\nItems 2, 4, 5, and 7, and undertake certain corrective measures.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nOrder. Tallgrass is hereby ordered to comply with the terms of the Consent Agreement, effective\nimmediately. Pursuant to 49 U.S.C. 60101, et seq., failure to comply with this Consent Order may\nresult in the assessment of civil penalties as set forth in 49 C.F.R. § 190.223.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nJune 15, 2022\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nTallgrass Interstate Gas ) CPF No. 3-2022-017-NOPV\nTransmission, LLC )\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom May 10 through August 13, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), inspected the records and facilities of Tallgrass Interstate Gas\nTransmission, LLC (Respondent) in Colorado, Wyoming, Kansas, and Nebraska.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated January 11, 2022, a Notice of Probable Violation, Proposed Civil Penalty and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nalleged that Respondent committed probable violations of five provisions of 49 C.F.R. part 192\n(Items 2, 3, 4, 5, and 7), proposed ordering Respondent to take certain measures to correct Items\n2, 3, and 4, and proposed a civil penalty in the amount of $172,200 associated with Items 2, 4, 5,\nand 7. Two other probable violations (Items 1 and 6) were brought as warnings, advising\nRespondent to correct them or be subject to potential future enforcement action.\nIn response to the Notice, Respondent requested a hearing, asked for the opportunity to meet\ninformally with PHMSA to discuss the allegations of violation, and sought clarification and\nmodification of the proposed compliance order terms and requirements (Response).\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, Respondent\nwithout admission has agreed to withdraw its hearing request and accept the warning items and\nfindings of violation as alleged in the Notice subject to the clarifications as set forth below, pay a\ncivil penalty in the amount of $172,200 for Items 2, 4, 5, and 7, and undertake certain corrective\nmeasures.\nHaving agreed that settlement of this enforcement action will avoid further administrative\nproceedings or litigation and will serve the public interest by promoting safety and protection of\nthe environment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of Respondent\nand PHMSA, the Parties hereby agree as follows:\n\n\n\nI. General Provisions:\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced gas pipeline facilities are subject to the jurisdiction of\nthe Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and\nadministrative orders issued thereunder. For purposes of this Agreement, Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives\nany further procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except as set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons otherwise\nbound by law. Respondent agrees to provide a copy of this Agreement and any incorporated work\nplans and schedules to all of Respondent’s officers, employees, and agents whose duties might\nreasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings\nrelating to settlement other than those expressly contained in this Agreement, except that the\nterms of this Agreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the PHMSA Central Regional Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\n\n\n\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any\nthird party not party to this Agreement. The U.S. Department of Transportation is not liable for\nany injuries or damages to persons or property arising from acts or omissions of Respondent or\nits officers, employees, or agents carrying out the work required by this Agreement.\nRespondent agrees to hold harmless the U.S. Department of Transportation, its officers,\nemployees, agents, and representatives from any and all causes of action arising from any acts\nor omissions of Respondent or its contractors in carrying out any work required by this\nAgreement.\n10. Except as otherwise specified below, Respondent neither admits nor denies any\nallegation or conclusion in the Notice or this Agreement but agrees for purposes of this\nAgreement to comply with the terms of this Agreement.\n11. Upon issuance of the Consent Order, the Parties agree to the following terms.\nII. Warning Items:\n12. Item 1: 49 C.F.R. § 192.163(c): The Notice alleged that Respondent failed to\nhave exits located to provide a convenient possibility of escape and an unobstructed passage to a\nplace of safety due to the lack of interior bar operated door latches. This Item was brought as a\nwarning and does not constitute a finding of violation. Respondent stated that it will replace the\ndoors associated with Item 1.\n13. Item 6: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed to\nfollow for each pipeline a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. Specifically, Respondent did not follow its\nprocedures to document and remediate a mechanically-shortened casing on the Neligh to Pierce\ncasing. Following PHMSA’s review of documents provided by Respondent which indicated the\npresence of a mechanically-shorted casing, Respondent removed it. This Item was brought as a\nwarning and does not constitute a finding of violation.\n14. For Warning Items 1 and 6, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIII. Findings of Violation:\n15. Item 2: 49 C.F.R. § 192.481(b): The Notice alleged Respondent failed to give\nparticular attention during inspections to pipe at soil-to-air interfaces, under thermal insulation,\nunder disbanded coatings, at pipe supports, in splash zones, at deck penetrations, and in spans\nover water. Specifically, Respondent failed to inspect for atmospheric corrosion at pipe\nsupports at Glenrock and Guernsey Station, and atmospheric corrosion at deck penetrations\n(pipe-to-wall) at Caper and Glenrock. Respondent does not contest the allegation of violation as\nalleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.481(b).\n16. Item 3: 49 C.F.R. § 192.517(a): The Notice alleged that Respondent failed to\nretain for the useful life of the pipeline a record of each test performed under 49 C.F.R. §§\n192.505, 192.506, and 192.507. Specifically, Respondent failed to provide test pressure records\n\n\n\nfor the Prime Operating Cherry Creek facility. Respondent does not contest the allegation of\nviolation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.517(a).\n17. Item 4: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed\nto follow for each pipeline a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. Specifically, Respondent failed to follow its\nOperations and Maintenance (OM) manual procedure OM 301_G, titled “Inspecting and\nServicing Emergency Valves,” section 3.5.3, pertaining to thermal expansion protection on\nbypass valves (H-frame design), at the Arminto site. Respondent does not contest the allegation\nof violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. §\n192.605(a).\n18. Item 5: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed to\nfollow for each pipeline a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. Specifically, for the Casper compressor\nstation, Respondent failed to follow its OM procedure OM 703_G, titled “Pressure Limiting and\nRelief Devices and Inspections,” section 3.6, titled “Overpressure Protection Evaluation and\nReview,” which states that overpressure protection evaluation and reviews documentation should\nbe done on either Form OM700-01 or OM700-02. Respondent does not contest the allegation of\nviolation as alleged in the Notice. Thus, PHMSA finds a violation of 49 C.F.R. § 192.605(a).\nRespondent indicated that it will modify its procedures to specify the appropriate records and\ndocumentation requirements to ensure compliance.\n19. Item 7: 49 C.F.R. § 192.745(a): The Notice alleged that Respondent failed to\ninspect and partially operate each transmission line valve that might be required during an\nemergency at intervals not exceeding 15 months, but at least once each calendar year.\nSpecifically, Respondent failed to provide adequate valve inspection records for Casper and\nGlenrock Compression stations. Respondent does not contest the allegation of violation as\nalleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.745(a).\n20. Items 2, 3, 4, 5, and 7, will be considered by PHMSA as prior offenses in any\nfuture PHMSA enforcement action taken against Respondent for the five (5)-year period\nfollowing the Effective Date of this Agreement.\nIV. Civil Penalty:\n21. Items 2, 4, 5, and 7: The Notice proposed assessing a civil penalty in the amount\nof $70,500 for Item 2, $41,400 for Item 4, $28,600 for Item 5, and $31,700 for Item 7.\nRespondent does not contest the proposed civil penalties for these Items. As such, Respondent\nshall pay a civil penalty in the amount of $70,500 for Item 2, $41,400 for Item 4, $28,600 for\nItem 5, and $31,700 for Item 7.\n22. Respondent shall pay a total civil penalty in the amount of $172,200, pursuant to\nthe payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 30 days from\nthe Effective Date of this Agreement.\nV. Compliance Order:\n\n\n\n23. Item 2: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\n(PCO), but requested clarifications.\na. For PCO Items A.i and A.ii, Respondent shall within 90 days of the Effective Date of\nthis Agreement:\ni. Submit a plan to the Director of Central Region to address all Compressor Station\nlocations in the scope of the inspection that have been evaluated and deemed\ninadequate for purposes of documenting visual inspections of pipe penetrating\nbuilding walls and pipe supports, to include a tentative schedule for completion;\nii. Provide updates to the Director of Central Region on the progress of item i every\n90 days thereafter; and\niii. Submit documentation of completion to the Director of Central Region within 60\ndays of completion.\nb. For PCO Item A.iii., during informal discussion, Respondent addressed comments\nreceived by PHMSA on atmospheric corrosion training documentation and provided\nupdated documentation for review by PHMSA, which PHMSA acknowledges meet\nthe requirements of PCO item A.iii.\n24. Item 3: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the PCO, but requested additional\ntime to complete PCO Item B. PHMSA does not oppose this request. As such, Respondent\nshall, by October 1, 2022:\na. b. Hydrotest to re-confirm the appropriate MAOP for the Prime Operating Cherry Creek\nfacility which would be in compliance with § 192.619; and\nSubmit all documentation as it pertains to i.\n25. Item 4: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the PCO, but requested\nclarification of whether the terms of the PCO Item C has been satisfied following remedial\nactions by Respondent. Following Respondent’ submission of new and additional\ndocumentation pertaining to the transmission line valves at stations identified in Item 7, PHMSA\nfinds that Respondent has satisfied the terms of PCO Item C.\nVI. Enforcement:\n26. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $239,142 per violation for each day the violation continues\nand referral of the case to the Attorney General for judicial enforcement, if PHMSA determines\nthat Respondent is not complying with the terms of this Agreement in accordance with\ndeterminations made by the Director, or if appealed, in accordance with decisions of the\nAssociate Administrator. The maximum civil penalty amounts are adjusted annually for\ninflation. See 49 C.F.R. § 190.223.\nVII. Dispute Resolution:\n\n\n\n27. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including but not limited to any decision of the Director. If\nRespondent and the Director are unable to informally resolve the dispute within 15 calendar days\nafter the dispute is first raised, in writing, to the Director, Respondent may submit a written\nrequest for a determination resolving the dispute from the Associate Administrator for Pipeline\nSafety, PHMSA. Such request must be made in writing and provided to the Director, counsel for\nthe Central Region, and to the Associate Administrator for Pipeline Safety, no later than 10\ncalendar days from the 15-day deadline for informal resolution referenced in this paragraph.\nAlong with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a dispute\nand PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any\nterm or timeframe for completion of any work to be performed under this Agreement during the\npendency of the dispute resolution process, except as agreed by the Director or the Associate\nAdministrator in writing, or ordered by a court of competent jurisdiction.\nVIII. Effective Date:\n28. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nIX. Modification:\n29. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\n\n\n\nX. Ratification:\n30. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n31. The Parties hereby agree to all conditions and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Tallgrass Interstate Gas Transmission, LLC:\nDate:\nFor PHMSA:\n_________________________________________\nDirector, Central Region, Office of Pipeline Safety\nDate:","truncated":false,"body_characters":38338}