# DCP MIDSTREAM — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

520075029_Final Order_09082008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_Final%20Order_09082008.pdf

520075029_final order_09082008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_final%20order_09082008_text.pdf

520075029_NOPV letter_08032007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_NOPV%20letter_08032007.pdf

520075029_nopv letter_08032007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075029/520075029_nopv%20letter_08032007_text.pdf

520075029_final order_09082008_text.pdf

o
U S Department
of Transportation
Pipeline and Hazardous
Materials Satety
Administration
1200 New Jersey Ave S E
Washington DC 20590
SEP -8 2008
Mr. Brent Backes
General Counsel and Vice President
DCP Midstream, LLC
370 17' St.
Suite 2500
,
Denver, CO 80202
Re: CPF No. 5-2007-5029
Dear Mr. Backes:
Enclosed is the Final Order issued to DCP Midstream LP m the above-referenced case. It
makes a finding of violation and assesses a civil penalty of $23, 800 I acknowledge receipt
of your wire transfers totaling $23, 800 and accept them as payment in full of the civil
penalty proposed in the Notice of Probable Violation and Proposed Civil Penalty. This
case is now closed. Your receipt of the Final Order constitutes service of that document
under 49 C F. R. ) 190. 5.
Thank you for your cooperation in this matter and prompt payment of the penalty.
Sincerely,
g!g/
Jeffrey D. Wiese
Associate Admmistrator
for Pipeline Safety
Enclosure
cc: Mr. Chris Hoidal, Director, Western Region, OPS
CERTIFIED MAIL — RETURN RECEIPT RE UESTED



U. S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In the Matter of
DCP Midstream LP,
Respondent.
CPF No. 5-2007-5029
FINAL ORDER
On August 8 — 11, 2005, pursuant to 49 U. S. C, ) 60117, representatives of the Pipelme
and Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS)
conducted an on-site pipeline safety inspection of the facilities and records of DCP
Midstream LP (Midstream or Respondent)' in Cheyenne Wells, Colorado. Respondent
operates approximately 36 miles of 4-inch Highly Volatile Liquid (HVL) pipeline,
running from the Ladder Creek helium plant southwest of Cheyenne Wells, Colorado, to
the injection point at BP's HVL line at Kanarando Station, near Burlington, Colorado.
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated August 3, 2007, a Notice of Probable Violation and Proposed
Civil Penalty (Notice), In accordance with 49 C. F R. $ 190. 207, the Notice proposed
finding that Respondent had violated 49 C. F R ) 195. 412 and assessing a civil penalty of
$23, 800 for the alleged violation.
Respondent did not respond to the Notice but submitted wire transfers in the amount of
the proposed civil penalty, thereby waiving any further right to respond and authorizing
the entry of this Final Order.
FINDING OF VIOLATION
Pursuant to 49 C. F. R. $ 190. 213 and 49 U. S. C. $ 60122, I hereby find that Respondent
violated 49 C. F. R. Part 195, as follows:
' As of the August, 2005 PHMSA inspection, the pipehne facilities that are the subject of this Final Order
were operated by Duke Energy Field Services, an entity owned by Duke Energy Corporation As of the
date of this Fmal Order, such pipelme facilities are operated by DCP Midstream LP DCP Midstream LP is
owned and operated by DCP Midstream LLC, an equally owned 3oint venture between Spectra Energy and
ConocoPhilhps
' Respondent transferred $23, 000 by wire on September 5, 2007, and $800 on March 26, 2008



Item 1: The Notice alleged that Respondent violated 49 C. F. R. ) 195. 412(a), which
states:
g 195. 412 Inspection of rights-of-way and crossings under navigable
waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at
least 26 times each calendar year, inspect the surface conditions on or
adjacent to each pipeline right-of-way. Methods of inspection include
walking, driving, flying or other appropriate means of traversing the
right-of-way.
The Notice alleged that Respondent violated 49 C. F. R. ) 195. 412(a) by its repeated
failure to comply with the three-week right-of-way mspection intervals. Specifically, the
Notice alleged that at the time of the inspection, Respondent's line patrol records for the
HVL line indicated that the three-week interval was exceeded three (3) times in 2003,
twelve (12) times in 2004, and four (4) times in 2005. Midstream's records also
indicated that the line was flown only a total of 24 times in 2003 and 12 times in 2004.
Accordingly, I find that Respondent violated 49 C. F. R. $ 195. 412(a) in 2003, 2004, and
2005 by failing to inspect the said HVL line right-of-way at intervals not exceeding three
weeks, but at least 26 times each calendar year.
This finding of violation will be considered a prior offense in any subsequent
enforcement action taken against Respondent. Having reviewed the record and
considered the assessment criteria in 49 U. S. C. ) 60122, I hereby assess Respondent a
civil penalty of $23, 800, which amount has already been paid in full by Respondent.
The terms and conditions of this Final Order shall be effective upon receipt.
SEP -8 2008
Date Issued
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
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