{"operation":"document","citation":"CPF 520075029","title":"DCP MIDSTREAM — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-08-03","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520075029.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520075029.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520075029","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520075029","body":"Notice of Probable Violation involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulation as 195.412(a). The case was opened on 2007-08-03 and is reported as closed as of 2008-09-08. Proposed civil penalty: $23,800. Assessed civil penalty: $23,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520075029_Final Order_09082008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_Final%20Order_09082008.pdf\n\n520075029_final order_09082008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_final%20order_09082008_text.pdf\n\n520075029_NOPV letter_08032007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_NOPV%20letter_08032007.pdf\n\n520075029_nopv letter_08032007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_nopv%20letter_08032007_text.pdf\n\n520075029_final order_09082008_text.pdf\n\no\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Satety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nSEP -8 2008\nMr. Brent Backes\nGeneral Counsel and Vice President\nDCP Midstream, LLC\n370 17' St.\nSuite 2500\n,\nDenver, CO 80202\nRe: CPF No. 5-2007-5029\nDear Mr. Backes:\nEnclosed is the Final Order issued to DCP Midstream LP m the above-referenced case. It\nmakes a finding of violation and assesses a civil penalty of $23, 800 I acknowledge receipt\nof your wire transfers totaling $23, 800 and accept them as payment in full of the civil\npenalty proposed in the Notice of Probable Violation and Proposed Civil Penalty. This\ncase is now closed. Your receipt of the Final Order constitutes service of that document\nunder 49 C F. R. ) 190. 5.\nThank you for your cooperation in this matter and prompt payment of the penalty.\nSincerely,\ng!g/\nJeffrey D. Wiese\nAssociate Admmistrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, OPS\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nU. S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nDCP Midstream LP,\nRespondent.\nCPF No. 5-2007-5029\nFINAL ORDER\nOn August 8 — 11, 2005, pursuant to 49 U. S. C, ) 60117, representatives of the Pipelme\nand Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS)\nconducted an on-site pipeline safety inspection of the facilities and records of DCP\nMidstream LP (Midstream or Respondent)' in Cheyenne Wells, Colorado. Respondent\noperates approximately 36 miles of 4-inch Highly Volatile Liquid (HVL) pipeline,\nrunning from the Ladder Creek helium plant southwest of Cheyenne Wells, Colorado, to\nthe injection point at BP's HVL line at Kanarando Station, near Burlington, Colorado.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated August 3, 2007, a Notice of Probable Violation and Proposed\nCivil Penalty (Notice), In accordance with 49 C. F R. $ 190. 207, the Notice proposed\nfinding that Respondent had violated 49 C. F R ) 195. 412 and assessing a civil penalty of\n$23, 800 for the alleged violation.\nRespondent did not respond to the Notice but submitted wire transfers in the amount of\nthe proposed civil penalty, thereby waiving any further right to respond and authorizing\nthe entry of this Final Order.\nFINDING OF VIOLATION\nPursuant to 49 C. F. R. $ 190. 213 and 49 U. S. C. $ 60122, I hereby find that Respondent\nviolated 49 C. F. R. Part 195, as follows:\n' As of the August, 2005 PHMSA inspection, the pipehne facilities that are the subject of this Final Order\nwere operated by Duke Energy Field Services, an entity owned by Duke Energy Corporation As of the\ndate of this Fmal Order, such pipelme facilities are operated by DCP Midstream LP DCP Midstream LP is\nowned and operated by DCP Midstream LLC, an equally owned 3oint venture between Spectra Energy and\nConocoPhilhps\n' Respondent transferred $23, 000 by wire on September 5, 2007, and $800 on March 26, 2008\n\n\n\nItem 1: The Notice alleged that Respondent violated 49 C. F. R. ) 195. 412(a), which\nstates:\ng 195. 412 Inspection of rights-of-way and crossings under navigable\nwaters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at\nleast 26 times each calendar year, inspect the surface conditions on or\nadjacent to each pipeline right-of-way. Methods of inspection include\nwalking, driving, flying or other appropriate means of traversing the\nright-of-way.\nThe Notice alleged that Respondent violated 49 C. F. R. ) 195. 412(a) by its repeated\nfailure to comply with the three-week right-of-way mspection intervals. Specifically, the\nNotice alleged that at the time of the inspection, Respondent's line patrol records for the\nHVL line indicated that the three-week interval was exceeded three (3) times in 2003,\ntwelve (12) times in 2004, and four (4) times in 2005. Midstream's records also\nindicated that the line was flown only a total of 24 times in 2003 and 12 times in 2004.\nAccordingly, I find that Respondent violated 49 C. F. R. $ 195. 412(a) in 2003, 2004, and\n2005 by failing to inspect the said HVL line right-of-way at intervals not exceeding three\nweeks, but at least 26 times each calendar year.\nThis finding of violation will be considered a prior offense in any subsequent\nenforcement action taken against Respondent. Having reviewed the record and\nconsidered the assessment criteria in 49 U. S. C. ) 60122, I hereby assess Respondent a\ncivil penalty of $23, 800, which amount has already been paid in full by Respondent.\nThe terms and conditions of this Final Order shall be effective upon receipt.\nSEP -8 2008\nDate Issued\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5790}