{"operation":"document","citation":"CPF 520146001M","title":"DCP MIDSTREAM — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-03-05","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146001m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146001m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520146001m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520146001M","body":"Notice of Amendment involving DCP MIDSTREAM. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(13). The case was opened on 2014-03-05 and is reported as closed as of 2014-04-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520146001M_closure letter_04182014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_closure%20letter_04182014.pdf\n\n520146001M_closure letter_04182014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_closure%20letter_04182014_text.pdf\n\n520146001M_notice of amendment_03052014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_notice%20of%20amendment_03052014.pdf\n\n520146001M_notice of amendment_03052014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_notice%20of%20amendment_03052014_text.pdf\n\n520146001M_Operator Response to Notice_04072014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_Operator%20Response%20to%20Notice_04072014.pdf\n\n520146001M_closure letter_04182014_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 18, 2014\nMr. Brent Backes\nGeneral Counsel and Vice President\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, CO 80202\nCPF 5-2014-6001M\nDear Mr. Backes:\nOn November 14 – 15, 2012, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of DCP Midstream’s procedures in Greeley,\nColorado. As a result of the inspection, DCP Midstream was issued a Notice of Amendment\non March 5, 2014, which proposed amendment of your procedures.\nDCP Midstream submitted its response concerning the need to amend its procedures on April\n7, 2014. My staff reviewed DCP Midstream’s response, and it appears that the inadequacies\noutlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Stahoviak (#138110)\n\n520146001M_notice of amendment_03052014_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 5, 2014\nMr. Brent Backes\nGeneral Counsel & Vice President\nDCP Midstream\n370 17th Street, Suite 2500\nDenver, CO 80202\nCPF 5-2014-6001M\nDear Mr. Backes:\nOn November 14 –15, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected DCP\nMidstream’s procedures for operations, maintenance and emergency response in Greeley,\nColorado.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within\nDCP Midstream’s plans or procedures, as described below:\n1. §195.402 Procedural Manual for operations, maintenance, and emergencies\n…(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following, if\napplicable, to provide safety during maintenance and operations.\n…(13) Periodically reviewing the work done by operator personnel to\ndetermine the effectiveness, and adequacy of procedures use in normal\noperations and maintenance and modifying the procedures when deficiencies\nare found.\nThe operator’s procedural manual for operations, maintenance, and emergencies (manual)\ndoes not adequately address periodic review of work performed as required by\n§192.402(c)(13) to determine the effectiveness and adequacy of procedures used in normal\noperations and maintenance. The manual does not specify when such reviews are performed,\n\n\n\nor how the review must be documented. My staff had verbally advised DCP Midstream to\ncorrect this inadequacy during previous pipeline safety inspections.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised 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\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must 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\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within ninety days (90) of receipt of this\nNotice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested (not mandated) that DCP Midstream maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Chris Hoidal, Director, Western Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 5-2014-6001M, and for each document you submit, please\nprovide a copy in electronic format to PHP-WRADMIN@dot.gov whenever possible.\nSincerely,\nChris Hoidal,\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Stahoviak (#138110)\n2","truncated":false,"body_characters":6422}