{"operation":"document","citation":"CPF 32024041NOA","title":"ROCKIES EXPRESS PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-11-22","effective_on":null,"summary":"CLOSED notice of amendment citing 192.13(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024041noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024041noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024041noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024041NOA","body":"Notice of Amendment involving ROCKIES EXPRESS PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 192.13(c). The case was opened on 2024-11-22 and is reported as closed as of 2024-12-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024041NOA_Closure Letter_12202024_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024041NOA/32024041NOA_Closure%20Letter_12202024_(23-264452).pdf\n\n32024041NOA_Closure Letter_12202024_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024041NOA/32024041NOA_Closure%20Letter_12202024_(23-264452)_text.pdf\n\n32024041NOA_Notice of Amendment_11222024_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024041NOA/32024041NOA_Notice%20of%20Amendment_11222024_(23-264452).pdf\n\n32024041NOA_Notice of Amendment_11222024_(23-264452)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024041NOA/32024041NOA_Notice%20of%20Amendment_11222024_(23-264452)_text.pdf\n\n32024041NOA_Operator Response to Notice_12172024_(23-264452).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024041NOA/32024041NOA_Operator%20Response%20to%20Notice_12172024_(23-264452).pdf\n\n32024041NOA_Closure Letter_12202024_(23-264452)_text.pdf\n\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com; crystal.heter@tallgrass.com;\nDanielle.stephens@tallgrass.com\nDecember 20, 2024\nMatt Sheehy\nPresident & Chief Executive Officer\nTallgrass Energy, LP\n370 Van Gordon Street\nLakewood, CO 80228\nRE: CPF 3-2024-041-NOA\nDear Mr. Sheehy:\nFrom February 2, 2023, to December 10, 2023, 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 on-site Rockies Express Pipeline LLC’s (REX) procedures for the operations\nand maintenance of the natural gas pipeline in Lakewood, Colorado. As a result of the\ninspection, REX was issued a Notice of Amendment on November 22, 2024, which proposed\namendment of your procedures.\nREX submitted its amended procedures on December 17, 2024. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed.\nThank you for your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Crystal Heter, Chief Operating Officer, Tallgrass Energy, LP\n(crystal.heter@tallgrass.com)\nDanielle Stephens, Director, PHMSA Compliance, Tallgrass Energy, LP\n(Danielle.stephens@tallgrass.com)\n\n32024041NOA_Notice of Amendment_11222024_(23-264452)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com; crystal.heter@tallgrass.com;\nDanielle.stephens@tallgrass.com\nNovember 22, 2024\nMatt Sheehy\nPresident & Chief Executive Officer\nTallgrass Energy, LP\n370 Van Gordon Street\nLakewood, CO 80228\nCPF 3-2024-041-NOA\nDear Mr. Sheehy:\nFrom February 2, 2023, to December 10, 2023, 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 on-site Rockies Express Pipeline LLC’s (REX) procedures for the operations\nand maintenance of the natural gas pipeline in Lakewood, Colorado. REX is a subsidiary of\nTallgrass Energy, LP.1\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within\nREX’s plans or procedures. The item inspected and the inadequacy identified is described below:\n1. § 192.13 What general requirements apply to pipelines regulated under this part.\n(a) . . . .\n(c) Each operator shall maintain, modify as appropriate, and follow the plans,\nprocedures, and programs that it is required to establish under this part.\nREX’s manual of written procedures was inadequate because it did not make clear when the\noperating procedures required to be established under this part were required to be followed, per\nthe requirements of § 192.13(c). Specifically, REX’s procedures failed to ensure all appropriate\ncompany requirements were met prior to starting up a new or changed facility because they did\nnot properly define commencement of operations (e.g., pipeline startup).\n1 See https://pipeline.tallgrassenergylp.com/Pages/Content.aspx?pipeline=501&type=SMRY.\n\n\n\nPHMSA found that REX utilized its Operations & Maintenance (O&M) Procedure, entitled\n“OM156_GL Pre-Startup Safety Reviews” (OM156_GL), to address completion of procedural\nitems affecting facility safety before startup. However, the procedure did not define “startup.”\nREX personnel stated during the inspection that startup occurred upon “delivery or receipt” of\ngas to a third party (e.g., commercial delivery). However, PHMSA found during its review that\ngas had been introduced into the lateral approximately 8 months prior to commercial delivery.\nPHMSA verified from a review of REX’s startup checklist, “O&M Form OM100-14 GL-Pre-\nStartup Safety Review Checklist” (Form OM100-14 GL), that the safety items on the checklist\nwere not verified before gas was transported into the pipeline, but rather months afterward.\nConsequently, REX’s failure to adequately define “startup” in its O&M Procedure resulted in a\nfailure to ensure safety checks were documented prior to operation.\nREX must revise its procedures to clearly define “startup,” to ensure that all necessary\nprocedures and programs required for safety under Part 192 are prepared and followed as soon as\ngas is introduced into the regulated facility.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart 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.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. § 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested that REX maintain documentation of the safety improvement costs associated with\nfulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the\ntotal to Gregory A. Ochs, Director, Central, Pipeline and Hazardous Materials Safety\n\n\n\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2024-041-NOA\nand, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Crystal Heter, Chief Operating Officer, Tallgrass Energy, LP\n(crystal.heter@tallgrass.com)\nDanielle Stephens, Director, PHMSA Compliance, Tallgrass Energy, LP\n(Danielle.stephens@tallgrass.com)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":8334}