# DCP MIDSTREAM — Notice of Amendment - **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:** Not available - **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. Official case documents: 520146001M_closure letter_04182014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_closure%20letter_04182014.pdf 520146001M_closure letter_04182014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_closure%20letter_04182014_text.pdf 520146001M_notice of amendment_03052014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_notice%20of%20amendment_03052014.pdf 520146001M_notice of amendment_03052014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_notice%20of%20amendment_03052014_text.pdf 520146001M_Operator Response to Notice_04072014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520146001M/520146001M_Operator%20Response%20to%20Notice_04072014.pdf 520146001M_closure letter_04182014_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED April 18, 2014 Mr. Brent Backes General Counsel and Vice President DCP Midstream 370 17th Street, Suite 2500 Denver, CO 80202 CPF 5-2014-6001M Dear Mr. Backes: On November 14 – 15, 2012, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection of DCP Midstream’s procedures in Greeley, Colorado. As a result of the inspection, DCP Midstream was issued a Notice of Amendment on March 5, 2014, which proposed amendment of your procedures. DCP Midstream submitted its response concerning the need to amend its procedures on April 7, 2014. My staff reviewed DCP Midstream’s response, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 J. Stahoviak (#138110) 520146001M_notice of amendment_03052014_text.pdf NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 5, 2014 Mr. Brent Backes General Counsel & Vice President DCP Midstream 370 17th Street, Suite 2500 Denver, CO 80202 CPF 5-2014-6001M Dear Mr. Backes: On November 14 –15, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected DCP Midstream’s procedures for operations, maintenance and emergency response in Greeley, Colorado. On the basis of the inspection, PHMSA has identified an apparent inadequacy found within DCP Midstream’s plans or procedures, as described below: 1. §195.402 Procedural Manual for operations, maintenance, and emergencies …(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must include procedures for the following, if applicable, to provide safety during maintenance and operations. …(13) Periodically reviewing the work done by operator personnel to determine the effectiveness, and adequacy of procedures use in normal operations and maintenance and modifying the procedures when deficiencies are found. The operator’s procedural manual for operations, maintenance, and emergencies (manual) does not adequately address periodic review of work performed as required by §192.402(c)(13) to determine the effectiveness and adequacy of procedures used in normal operations and maintenance. The manual does not specify when such reviews are performed, or how the review must be documented. My staff had verbally advised DCP Midstream to correct this inadequacy during previous pipeline safety inspections. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. 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. 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). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within ninety days (90) of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that DCP Midstream maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 5-2014-6001M, and for each document you submit, please provide a copy in electronic format to PHP-WRADMIN@dot.gov whenever possible. Sincerely, Chris Hoidal, Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-500 J. Stahoviak (#138110) 2 - **truncated:** false - **body characters:** 6422