# DCP MIDSTREAM — Warning Letter

- **operation:** document
- **citation:** CPF 520095027W
- **title:** DCP MIDSTREAM — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2009-08-18
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 195.404, 195.410.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520095027w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520095027w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520095027w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520095027W
**body:**

Warning Letter involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.404,  195.410. The case was opened on 2009-08-18 and is reported as closed as of 2009-08-18. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520095027W_warning letter_08182009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095027W/520095027W_warning%20letter_08182009.pdf

520095027W_warning letter_08182009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095027W/520095027W_warning%20letter_08182009_text.pdf

520095027W_warning letter_08182009_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 18, 2009
Mr. Brent Backes
General Counsel and Vice President
DCP Midstream
370 17th St., Suite 2500
Denver, CO 80202
CPF 5-2009-5027W
Dear Mr. Backes:
On May 11 to 13, 2009, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected
your Weld County HVL Lines in Greeley, Colorado.
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected
and the probable violations are:
1. § 195.410 Line markers.
(a) Except as provided in paragraph (b) of this section, each operator shall
place and maintain line markers over each buried pipeline in accordance with
the following:
(1) Markers must be located at each public road crossing, at each railroad
crossing, and in sufficient number along the remainder of each buried line so



that its location is accurately known.
Per § 195.410, the operator must place and maintain line markers over each buried liquid
line at certain locations. During the field inspection, DCP Midstream’s (DCP) R.O.W.
markers were not sufficient in number along the remainder of each buried line so that its
location is accurately known, such as the pipeline was difficult to follow going west along
CR 38 out of the Mewborn Station.
2. § 195.404 Maps and Records.
(a) Each operator shall maintain current maps and records of its pipeline
systems that include at least the following information;
(1) Location and identification of the following pipeline facilities;
(i) Breakout tanks;
(ii) Pump stations;
(iii) Scraper and sphere facilities;
(iv) Pipeline valves;
(v) Facilities to which §195.402(c)(9) applies;
(vi) Rights-of-way; and
(vii) Safety devices to which §195.428 applies.
(2) All crossings of public roads, railroads, rivers, buried utilities, and foreign
pipelines.
(3) The maximum operating pressure of each pipeline.
(4) The diameter, grade, type and nominal wall thickness of all pipe.
Per § 195.404, DCP’s maps were not maintained to reflect current information regarding
the pipeline facility. During the record review, it was noted that the facility maps did not
contain all of the required pipeline information such as: the maximum operating pressure
of each pipeline and the diameter, grade, type and nominal wall thickness of all pipe.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of
$1,000,000 for any related series of violations. We have reviewed the circumstances and
supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to
correct the item(s) identified in this letter. Failure to do so will result DCP Midstream
being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please
refer to CPF 5-2009-5027W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C.
2



552(b), along with the complete original document you must provide a second copy of the
document with the portions you believe qualify for confidential treatment redacted and an
explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. 552(b).
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Haddow (#123956)
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