{"operation":"document","citation":"CPF 32024040NOPV","title":"ROCKIES EXPRESS PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-09-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.22(c)(1)(i), 192.195(a), 192.491(c), 192.5(b)(1), 192.5(b)(2), 192.5(b)(3), 192.619(a)(1), 192.705(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024040nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024040nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024040nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024040NOPV","body":"Notice of Probable Violation involving ROCKIES EXPRESS PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 191.22(c)(1)(i),  192.195(a),  192.491(c),  192.5(b)(1),  192.5(b)(2),  192.5(b)(3),  192.619(a)(1),  192.705(c). The case was opened on 2024-09-06 and is reported as closed as of 2025-10-14. Proposed civil penalty: $246,800. Assessed civil penalty: $188,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024040NOPV_Consent Agreement and Order_10062025_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_Consent%20Agreement%20and%20Order_10062025_(23-264452).pdf\n\n32024040NOPV_Consent Agreement and Order_10062025_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_Consent%20Agreement%20and%20Order_10062025_(23-264452)_text.pdf\n\n32024040NOPV_Operator Response to Notice and Request for Hearing and Request for Informal Settlement Conference and Statement of Issues_10042024_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20for%20Informal%20Settlement%20Conference%20and%20Statement%20of%20Issues_10042024_(23-264452).pdf\n\n32024040NOPV_Operator Withdrawal of Hearing Request_10072025_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_10072025_(23-264452).pdf\n\n32024040NOPV_PCP PCO_09062024_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PCP%20PCO_09062024_(23-264452).pdf\n\n32024040NOPV_PCP PCO_09062024_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PCP%20PCO_09062024_(23-264452)_text.pdf\n\n32024040NOPV_PHC Hearing Rescheduled_05212025_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_05212025_(23-264452).pdf\n\n32024040NOPV_PHC Hearing Rescheduled_05212025_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_05212025_(23-264452)_text.pdf\n\n32024040NOPV_PHC Hearing Rescheduled_05222025_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_05222025_(23-264452).pdf\n\n32024040NOPV_PHC Hearing Rescheduled_05222025_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_05222025_(23-264452)_text.pdf\n\n32024040NOPV_PHC Hearing Rescheduled_06102025_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_06102025_(23-264452).pdf\n\n32024040NOPV_PHC Hearing Rescheduled_06102025_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_06102025_(23-264452)_text.pdf\n\n32024040NOPV_PHC Hearing Rescheduled_08282025_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_08282025_(23-264452).pdf\n\n32024040NOPV_PHC Hearing Rescheduled_08282025_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Rescheduled_08282025_(23-264452)_text.pdf\n\n32024040NOPV_PHC Hearing Scheduled_11212024_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Scheduled_11212024_(23-264452).pdf\n\n32024040NOPV_PHC Hearing Scheduled_11212024_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024040NOPV/32024040NOPV_PHC%20Hearing%20Scheduled_11212024_(23-264452)_text.pdf\n\n32024040NOPV_Consent Agreement and Order_10062025_(23-264452)_text.pdf\n\nOctober 6, 2025\nVIA ELECTRONIC MAIL TO: CEO@tallgrass.com\nMatt Sheehy\nPresident & Chief Executive Officer\nTallgrass Energy, LP\n370 Van Gordon Street\nLakewood, Colorado 80228\nCPF No. 3-2024-040-NOPV\nDear Mr. Sheehy:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Tallgrass Energy, LP,\nwhich was executed on September 26, 2025. When the civil penalty has been paid, this\nenforcement action will be closed. Service of the Consent Order and Consent Agreement by\nelectronic mail is deemed effective upon the date of transmission and acknowledgement of receipt,\nor as otherwise provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\ncc: David Barrett, Acting Region Director, Central Region, Office of Pipeline Safety,\nPHMSA\nDanielle Stephens, DOT Compliance Primary, Tallgrass Energy, LP,\nDanielle.Stephens@tallgrass.com\nCrystal Heter, Chief Operating Officer, Tallgrass Energy, LP,\nCrystal.Heter@tallgrass.com\n\n\n\nCatherine Little, Counsel for Tallgrass, Bracewell, LLP, catherine.little@bracewell.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 )\nTallgrass Energy, LP, ) CPF No. 3-2024-040-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated September 6, 2024, pursuant to 49 CFR § 190.207, the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), issued a Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice) to\nTallgrass Energy, LP (Tallgrass or Respondent).\nIn response to the Notice, Respondent contested several of the alleged violations, the proposed\ncivil penalty, and the proposed compliance order, and requested a hearing (Response). Tallgrass\nalso requested to meet informally with PHMSA to discuss the matters raised in its Response.\nRespondent and PHMSA (the Parties) subsequently met to discuss the case. As a result of those\ndiscussions, the Parties have agreed to a Consent Agreement by which PHMSA makes findings\nof violations for two of the Items alleged in the Notice (Items 1 and 2), modifies two of the Items\nalleged in the Notice to warnings (Items 3 and 5), and withdraws two of the Items alleged in the\nNotice (Items 4 and 6). Respondent will pay a civil penalty in the amount of $188,800, and there\nare no outstanding compliance order obligations under the terms of the Consent Agreement.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order issued pursuant to § 190.219. Tallgrass is hereby ordered to comply with the\nterms of the Consent Agreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq.,\nfailure to comply with this Consent Order may result in the assessment of civil penalties as set\nforth in 49 U.S.C. § 60122 and 49 CFR § 190.223, or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 CFR § 190.5.\n______________________ ______________________\nLinda Daugherty Date Issued\nActing Associate 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____________________________________\nIn the Matter of )\nRockies Express Pipeline, LLC, ) CPF No. 3-2024-040-NOPV\na subsidiary of Tallgrass Energy, LP )\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom February 2, 2023, through January 25, 2024, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of Title 49, United States Code (U.S.C.), inspected Rockies Express Pipeline, LLC’s (REX\nor Respondent) pipeline facilities from Mexico, Missouri, to Powhatan Point, Ohio. REX is a\nsubsidiary of Tallgrass Energy, LP (Tallgrass).1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated September 6, 2024, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 CFR § 190.207, the Notice\nproposed finding that REX committed one violation of 49 CFR Part 191 (Item 1) and five\nviolations of 49 CFR Part 192 (Items 2 – 6), proposed ordering Respondent to take certain\nmeasures to correct certain of the alleged violations, and proposed a civil penalty of $246,800.\nREX responded to the Notice by letter dated October 4, 2024 (Response). Respondent contested\nfour of the alleged violations, the associated proposed civil penalty, and the associated proposed\ncompliance order, and requested a hearing. Respondent did not contest Items 1 and 2 of the\nNotice. REX also requested to meet informally with PHMSA to discuss the matters raised in its\nResponse.\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, the Parties\nhave agreed to a Consent Agreement by which PHMSA makes findings of violations for Notice\nItems 1 and 2 as alleged, reduces Items 3 and 5 to warnings, and withdraws Items 4 and 6.\nRespondent will pay a reduced civil penalty in the amount of $188,800 specifically associated\nwith uncontested Items 1 and 2.\n1 See Rockies Express Pipeline (REX), TALLGRASS ENERGY,\nhttps://pipeline.tallgrassenergylp.com/Pages/Content.aspx?pipeline=501&type=SMRY (last accessed August 28,\n2025).\n\n\n\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and\nagreement, the Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (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, the\nAssociate 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 any\nfurther 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 for the Dispute Resolution\nprovisions set forth herein. Respondent agrees to withdraw its request for an administrative\nhearing regarding the Notice.\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\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably 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 relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement 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\n\n\n\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 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 permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations.\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 third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Findings of Violation:\n11. Item 1 - 49 CFR § 191.22(c)(1)(i): The Notice alleged REX failed to notify\nPHMSA of a planned modification to the Rockies Express Pipeline costing more than $10\nmillion, no later than 60 days before it began. Respondent does not contest the allegation of\nviolation as alleged in the Notice. As such, PHMSA finds a violation of 49 CFR\n§ 191.22(c)(1)(i).\n12. Item 2 - 49 CFR § 192.5(b): The Notice alleged REX failed to identify the correct\nclass location related to two sites on the REX/Kinetrex Interconnect (RKI) lateral pipeline.\nRespondent does not contest the allegation of violation as alleged in the Notice. As such,\nPHMSA finds a violation of 49 CFR § 192.5(b).\n13. Items 1 and 2 will be considered by PHMSA as prior offenses in any future PHMSA\nenforcement action taken against Respondent.\n\n\n\nIII. Warning Items:\n14. Item 3 - 49 CFR § 192.195(a): The Notice alleged that REX failed to install\nadequate pressure relieving or limiting devices meeting the requirements of §§ 192.199 and\n192.201 on its RKI lateral pipeline. The allegation arose from one of the class location\nmisidentifications referenced in Item 2. This Item was brought as an allegation of violation with\nan associated proposed compliance order; however, PHMSA finds that a warning is more\nappropriate for this Item. As such, this Item does not constitute a finding of violation, and the\nproposed compliance order associated with this Item is withdrawn. In addition, following\ndiscovery of the misidentification, REX carried out measures to protect the RKI lateral from an\noverpressure event, including by installing permanent overpressure protection devices before the\ninitiation of this enforcement action and conducting inspections of those devices, removing the\nneed for further compliance actions. Respondent, without admission, accepts a warning.\n15. Item 5 - 49 CFR § 192.619(a)(1): The Notice alleged that REX established the\nMaximum Allowable Operating Pressure (MAOP) at a pressure that exceeded the design\npressure of its weakest element. The allegation arises from one of the class location\nmisidentifications referenced in Item 2. This Item was brought as an allegation of violation with\nan associated proposed compliance order; however, PHMSA finds that a warning is more\nappropriate for this Item. As such, this Item does not constitute a finding of violation, and the\nproposed compliance order associated with this Item is withdrawn. In addition, following\ndiscovery of the misidentification and prior to the initiation of this enforcement action, REX\nproperly established the MAOP for the RKI lateral, thus removing the need for further\ncompliance actions. Respondent also provided PHMSA with supporting documentation\nregarding the highest operating pressure, design, and set points for the line. Respondent, without\nadmission, accepts a warning.\n16. For Warning Items 3 and 5, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Items Withdrawn:\n17. Item 4 - 49 CFR § 192.491(c): With respect to Item 4 of the Notice, the Parties\nagree that this Item should be withdrawn following further review of Respondent’s management\nof its corrosion control program, including its process for assessing the capacitance effect of AC\nmitigation devices on its system. Because this Item is withdrawn, it will not constitute a finding\nof violation for any purpose, and no further action by Respondent is necessary with respect to\nthis item. As such, the allegation of violation for Item 4 and the proposed compliance order\nassociated with this Item are withdrawn.\n18. Item 6 - 49 CFR § 192.705(c): With respect to Item 6 of the Notice, the Parties\nagree that this Item should be withdrawn following further review of REX’s aerial patrol\nprogram. Because this Item is withdrawn, it will not constitute a finding of violation for any\npurpose, and no further action by Respondent is necessary with respect to this item. As such, the\nallegation of violation for Item 6, the proposed civil penalty, and the proposed compliance order\nassociated with this Item are withdrawn.\n\n\n\nV. Civil Penalty:\n19. Items 1 and 2: The Notice proposed assessing a civil penalty in the amount of\n$39,100 for Item 1 and $149,700 for Item 2. Respondent did not contest the proposed civil\npenalties for these Items. As such, Respondent shall pay a civil penalty in the amount of $39,100\nfor Item 1 and $149,700 for Item 2.\n20. Respondent will pay a total reduced civil penalty in the amount of $188,800,\npursuant to the payment instructions at 49 CFR § 190.227(a), to be paid in full no later than 20\ndays from the Effective Date of this Agreement.\nVI. Compliance Order:\n21. All proposed compliance order requirements set forth in the Notice have been\nwithdrawn. Respondent has no outstanding compliance order obligations under the terms of this\nAgreement.\nVII. Enforcement:\n22. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $272,926 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 the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 CFR § 190.223.\nVIII. Dispute Resolution:\n23. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement. If Respondent and the Director are unable to informally resolve\nthe dispute within 15 calendar days after the dispute is first raised, in writing, to the Director,\nRespondent may submit a written request for a determination resolving the dispute from the\nAssociate Administrator. Such request must be made in writing and provided to the Director,\ncounsel for the Central Region, and to the Associate Administrator, no later than 10 calendar\ndays from the 15-day deadline for informal resolution referenced in this paragraph. Along with\nits request, Respondent must provide the Associate Administrator with all information\nRespondent believes is relevant to the dispute. Decisions of the Associate Administrator under\nthis paragraph will constitute final agency action. The existence of a dispute and PHMSA’s\nconsideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe\nfor completion of any work to be performed under this Agreement during the pendency of the\ndispute resolution process.\n\n\n\nIX. Effective Date:\n24. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator incorporating the terms of this Agreement.\nX. Recordkeeping and Information Disclosure:\n25. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed, unless a longer period of\ntime is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim\nof business confidentiality or other protections applicable to the release of information by\nPHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to\nthis Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of\nconfidentiality in writing on each page, and include a statement specifying the grounds for each\nclaim of confidentially. PHMSA determines release of any information submitted pursuant to\nthis Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. §\n552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nXI. Modification:\n26. 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.\nXII. Termination:\n27. This Agreement will remain in effect until the Civil Penalty in Section V is paid\nin full. This enforcement action will be closed upon payment. Nothing in this Agreement\nprevents Respondent from completing any of the obligations earlier than the deadlines provided\nfor in this Agreement.\nXIII. Ratification:\n28. 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.\n29. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Rockies Express Pipeline, LLC:\n___________________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nActing Director, Central Region, Office of Pipeline Safety\n\n32024040NOPV_PHC Hearing Rescheduled_08282025_(23-264452)_text.pdf\n\nAugust 28, 2025\nVIA EMAIL TO: Catherine.Little@bracewell.com, Ryan.McClure@dot.gov et al.\nMs. Catherine Little, Esq.\nCounsel for Rockies Express Pipeline LLC, Tallgrass Energy, LP\nBracewell LLP\n2001 M Street, NW, Ste. 900\nWashington, DC 20036\nMr. Ryan McClure, Esq.\nCounsel for the Agency\nPipeline and Hazardous Materials Safety Administration (PHMSA)\n1200 New Jersey Ave., S.E.\nWashington, DC 20590\nRe: PHMSA CPF No.: 3-2024-040-NOPV, Rockies Express Pipeline, LLC Tallgrass\nEnergy, LP, Hearing Rescheduled\nDear Ms. Little and Mr. McClure,\nOn August 27, 2025, the parties jointly requested a continuance with respect to the\nSeptember 16th hearing and pre-hearing filings in this matter because they have reached\nan agreement in principle and are awaiting final signatures and the issuance of a Consent\nAgreement and Order. Accordingly, the hearing is rescheduled for October 10, 2025,\nbeginning at 9:30 a.m. Eastern Time at DOT Headquarters. Prehearing filings are due\nOctober 9, 2025. The September 5th prehearing conference is canceled. Instructions\ncommunicated in the prior scheduling order remain in effect.\nRegards,\nDolores Francis\nPresiding Official\n\n32024040NOPV_PHC Hearing Rescheduled_06102025_(23-264452)_text.pdf\n\nJune 10, 2025\nVIA EMAIL TO: Catherine.Little@bracewell.com, Ryan.McClure@dot.gov et al.\nMs. Catherine Little, Esq.\nCounsel for Rockies Express Pipeline LLC, Tallgrass Energy, LP\nBracewell LLP\n2001 M Street, NW, Ste. 900\nWashington, DC 20036\nMr. Ryan McClure, Esq.\nCounsel for the Agency\nPipeline and Hazardous Materials Safety Administration (PHMSA)\n1200 New Jersey Ave., S.E.\nWashington, DC 20590\nRe: PHMSA CPF No.: 3-2024-040-NOPV, Rockies Express Pipeline, LLC Tallgrass\nEnergy, LP, Notice of Hearing and Order Regarding Prehearing Statement\nDear Ms. Little and Mr. McClure,\nIn accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by\nPHMSA in the above referenced case. The hearing will take place on September 16,\n2025, beginning at 9:30 a.m. Eastern Time. The hearing will be held at PHMSA\nHeadquarters:\nDOT Headquarters\n1200 New Jersey Ave, S.E.\nWashington, DC\n20590\nAdditional instructions for accessing the DOT Headquarters building will be provided\nlater.\nEach party is directed to submit to the presiding official and the other party by email a\npre-hearing statement, due no later than September 3, 2025, including the following\ninformation:\n\n\n\n1. A statement of facts\n2. A list of all agreed upon facts\n3. Defenses (by Respondent)\n4. A witness list including a description and anticipated length of each witness’\nanticipated testimony. The description must be sufficient to show how the\nanticipated testimony may prove or disprove a fact significant to the case.\n5. A copy of all exhibits with an index identifying the documents. All exhibits must\nbe marked for identification in the lower right corner of each page. Documents\nalready in the case file should not be included.\nThe parties must confer regarding item 2 above. Failure to submit items 4 and 5 above\nmay result in disallowance of that evidence at the hearing. The parties may supplement\ntheir hearing exhibits or witness list with fair notice to the other party and the presiding\nofficial.\nA brief pre-hearing conference may be held 7-10 days prior to the hearing if the\npresiding official deems it appropriate.\nThe presiding official strongly recommends that a court reporter transcribe the hearing.\nIf Respondent elects to transcribe the hearing, Respondent should notify the presiding\nofficial (with copy to the other party) as soon as practicable.\nThe Agency is required to be represented by counsel for these proceedings.\nRegards,\nDolores Francis\nPresiding Official\n\n32024040NOPV_PHC Hearing Rescheduled_05222025_(23-264452)_text.pdf\n\nMay 22, 2025\nVIA EMAIL TO: Catherine.Little@bracewell.com, Ryan.McClure@dot.gov et al.\nMs. Catherine Little, Esq.\nCounsel for Rockies Express Pipeline LLC, Tallgrass Energy, LP\nBracewell LLP\n2001 M Street, NW, Ste. 900\nWashington, DC 20036\nMr. Ryan McClure, Esq.\nCounsel for the Agency\nPipeline and Hazardous Materials Safety Administration (PHMSA)\n1200 New Jersey Ave., S.E.\nWashington, DC 20590\nRe: PHMSA CPF No.: 3-2024-040-NOPV, Rockies Express Pipeline, LLC Tallgrass\nEnergy, LP, Notice of Hearing and Order Regarding Prehearing Statement\nDear Ms. Little and Mr. McClure,\nIn accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by\nPHMSA in the above referenced case. The hearing will take place on September 3,\n2025, beginning at 9:30 a.m. Eastern Time. The hearing will be held virtually via\nMicrosoft Teams. Hearing login information will be provided later.\nEach party is directed to submit to the presiding official and the other party by email a\npre-hearing statement, due no later than August 21, 2025, including the following\ninformation:\n1. A statement of facts\n2. A list of all agreed upon facts\n3. Defenses (by Respondent)\n4. A witness list including a description and anticipated length of each witness’\nanticipated testimony. The description must be sufficient to show how the\nanticipated testimony may prove or disprove a fact significant to the case.\n\n\n\n5. A copy of all exhibits with an index identifying the documents. All exhibits must\nbe marked for identification in the lower right corner of each page. Documents\nalready in the case file should not be included.\nThe parties must confer regarding item 2 above. Failure to submit items 4 and 5 above\nmay result in disallowance of that evidence at the hearing. The parties may supplement\ntheir hearing exhibits or witness list with fair notice to the other party and the presiding\nofficial.\nA brief pre-hearing conference may be held 7-10 days prior to the hearing if the\npresiding official deems it appropriate.\nThe presiding official strongly recommends that a court reporter transcribe the hearing.\nIf Respondent elects to transcribe the hearing, Respondent should notify the presiding\nofficial (with copy to the other party) as soon as practicable.\nThe Agency is required to be represented by counsel for these proceedings.\nRegards,\nDolores Francis\nPresiding Official\n\n32024040NOPV_PHC Hearing Rescheduled_05212025_(23-264452)_text.pdf\n\nMay 21, 2025\nVIA EMAIL TO: Catherine.Little@bracewell.com, Ryan.McClure@dot.gov et al.\nMs. Catherine Little, Esq.\nCounsel for Rockies Express Pipeline LLC, Tallgrass Energy, LP\nBracewell LLP\n2001 M Street, NW, Ste. 900\nWashington, DC 20036\nMr. Ryan McClure, Esq.\nCounsel for the Agency\nPipeline and Hazardous Materials Safety Administration (PHMSA)\n1200 New Jersey Ave., S.E.\nWashington, DC 20590\nRe: PHMSA CPF No.: 3-2024-040-NOPV, Rockies Express Pipeline, LLC Tallgrass\nEnergy, LP, Notice of Hearing and Order Regarding Prehearing Statement\nDear Ms. Little and Mr. McClure,\nIn accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by\nPHMSA in the above referenced case. The hearing will take place on August 28,\n2025, beginning at 9:30 a.m. Eastern Time. The hearing will be held virtually via\nMicrosoft Teams. Hearing login information will be provided later.\nEach party is directed to submit to the presiding official and the other party by email a\npre-hearing statement, due no later than August 14, 2025, including the following\ninformation:\n1. A statement of facts\n2. A list of all agreed upon facts\n3. Defenses (by Respondent)\n4. A witness list including a description and anticipated length of each witness’\nanticipated testimony. The description must be sufficient to show how the\nanticipated testimony may prove or disprove a fact significant to the case.\n\n\n\n5. A copy of all exhibits with an index identifying the documents. All exhibits must\nbe marked for identification in the lower right corner of each page. Documents\nalready in the case file should not be included.\nThe parties must confer regarding item 2 above. Failure to submit items 4 and 5 above\nmay result in disallowance of that evidence at the hearing. The parties may supplement\ntheir hearing exhibits or witness list with fair notice to the other party and the presiding\nofficial.\nA brief pre-hearing conference may be held 7-10 days prior to the hearing if the\npresiding official deems it appropriate.\nThe presiding official strongly recommends that a court reporter transcribe the hearing.\nIf Respondent elects to transcribe the hearing, Respondent should notify the presiding\nofficial (with copy to the other party) as soon as practicable.\nThe Agency is required to be represented by counsel for these proceedings.\nRegards,\nDolores Francis\nPresiding Official\n\n32024040NOPV_PHC Hearing Scheduled_11212024_(23-264452)_text.pdf\n\nNovember 21, 2024\nVIA ELECTRONIC MAIL TO: kale.stanton@tallgrass.com and gregory.ochs@dot.gov\nMr. Kale Stanton\nVice President, Asset Integrity\nTallgrass Energy, LP\n370 Van Gordon Street\nLakewood, CO 80228\nMr. Gregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 480\nKansas City, MO 64106-2641\nRe: Notice of Hearing, Tallgrass Energy, LP\nCPF No. 3-2024-040-NOPV\nDear Mr. Stanton and Mr. Ochs:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the\nPipeline and Hazardous Materials Safety Administration in the above-referenced case. The\nhearing will take place on April 24, 2025, beginning at 8:30 a.m. Central Time.\nThe hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480,\nKansas City, Missouri 64106. Upon arrival at the building, attendees will be required to present\nphoto identification to security personnel. A contact phone number for the day of the hearing is\n(816) 329-3800.\nAt least 10 calendar days prior to the hearing (or by April 14, 2025), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded. If you have any questions, please do not\nhesitate to contact me.\n\n\n\nSincerely,\nLarry White\nPresiding Official\ncc: Ms. Danielle Stephens, Director, PHMSA Compliance, Tallgrass Energy, LP\ndanielle.stephens@tallgrass.com\nMs. Catherine Little, Esq., Counsel for Tallgrass Energy, Bracewell, LLP,\ncatherine.little@bracewell.com\nMr. Ryan McClure, Counsel, Central Region, Office of Pipeline Safety,\nryan.mcclure@dot.gov\nMs. Mia Petrucci, Law Clerk, Central Region, Office of Pipeline Safety,\nmia.petrucci@dot.gov","truncated":false,"body_characters":35222}