CPF 32022033NOPV
CPF 32022033NOPV
party submissionOfficial PDF32022033NOPV_Operator Response to Notice_04142022_(21-203212).pdf#
case documentOfficial PDF32022033NOPV_PCP PCO_03172022_(21-203212).pdf#
case documentOfficial PDF32022033NOPV_PCP PCO_03172022_(21-203212)_text.pdf#
32022033NOPV_Final Order_06062022_(21-203212)_text.pdf, page 1Official PDFJune 6, 2022 VIA ELECTRONIC MAIL TO: scott.carter@spireenergy.com Mr. Scott B. Carter President Spire Missouri East 700 Market Street St. Louis, Missouri 63101 Re: CPF No. 3-2022-033-NOPV Dear Mr. Carter: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation, finds that the civil penalty amount of $31,100 has been paid in full, and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Central Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety. PHMSA Mr. Craig Hoeferlin, Vice President, Operations Services & SMS, Spire Missouri East, craig.hoeferlin@spireenergy.com Mr. Robert Gardner, Director, Compliance & Pipeline Integrity, Spire Missouri East, bob.gardner@spireenergy.com CONFIRMATION OF RECEIPT REQUESTED#
32022033NOPV_Final Order_06062022_(21-203212)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Spire Missouri Inc., ) CPF No. 3-2022-033-NOPV d/b/a Spire Missouri East, ) ) ) ) Respondent. ) ____________________________________) FINAL ORDER On March 17, 2022, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Spire Missouri Inc. d/b/a Spire Missouri East (Respondent).1 The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures and paid the proposed civil penalty on April 19, 2022. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.446(c)(1) (Item 1) ─ Respondent failed to implement API RP 1165 (incorporated by reference, see §195.3) whenever a SCADA system is added, expanded or replaced, unless the operator demonstrates that certain provisions of API RP 1165 are not practical for the SCADA system used. 49 C.F.R. § 195.446(e)(1) (Item 4) ─ Respondent failed to review SCADA safety-related alarm operations using a process that ensures alarms are accurate and support safe pipeline operations. 49 C.F.R. § 195.446(e)(3) (Item 5) ─ Respondent failed to verify the correct safety-related alarm set-point values and alarm descriptions when associated field instruments are calibrated or changed and at least once each calendar year, but at intervals not to exceed 15 months. 1 US SEC Filing, Spire Inc., available at https://www.sec.gov/Archives/edgar/data/1126956/000112695617000063/spire20170930-ex21.htm (last accessed May 20, 2022).#
32022033NOPV_Final Order_06062022_(21-203212)_text.pdf, page 3CPF No. 3-2022-033-NOPV Page 2 These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed the proposed civil penalty amount of $31,100, which Respondent has already paid in full. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. Warning Items With respect to Items 2 and 3, the Notice alleged probable violations of 49 C.F.R. §§ 195.446(c)(2) and 195.446(c)(3), respectively, but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. June 6, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
32022033NOPV_Closure Letter_01102023_(21-203212)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: craig.hoeferlin@spireenergy.com and Bob.Gardner@spireenergy.com January 10, 2023 Mr. Craig Hoeferlin Vice President, Operations Services and SMS Spire Missouri Inc. East 700 Market Street St. Louis, Missouri 63101 Re: CPF 3-2022-033-NOPV Dear Mr. Hoeferlin: On June 6, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Spire Missouri, Inc. East a Compliance Order and Civil Penalty assessment. Based on our review of the documentation you provided and confirmation of payment of the civil penalty, it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Gregory A. Ochs Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.