{"operation":"document","citation":"CPF 520150020W","title":"ENERGY WEST DEVELOPMENT, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-12-28","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(2)(i), 191.22(c)(2)(ii), 192.225(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520150020W","body":"Warning Letter involving ENERGY WEST DEVELOPMENT, INC.. PHMSA's enforcement data identifies the cited regulations as 191.22(c)(2)(i),  191.22(c)(2)(ii),  192.225(b). The case was opened on 2015-12-28 and is reported as closed as of 2015-12-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520150020W_Operator Response to Notice_02092016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150020W/520150020W_Operator%20Response%20to%20Notice_02092016.pdf\n\n520150020W_Warning Letter_12282015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150020W/520150020W_Warning%20Letter_12282015.pdf\n\n520150020W_Warning Letter_12282015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150020W/520150020W_Warning%20Letter_12282015_text.pdf\n\n520150020W_Warning Letter_12282015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 28, 2015\nMr. Brad Samuels\nSpecial Projects Manager\nBlack Hills Energy\n2320 Mountain View Dr.\nCody, Wyoming 82414\nCPF 5-2015-0020W\nDear Mr. Samuels:\nOn October 12-16, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nShoshone River Pipeline System in Cody, Wyoming.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. §192.225 Welding Procedures.\n(b) Each welding procedure must be recorded in detail, including the results of\nthe qualifying tests. This record must be retained and followed whenever the\nprocedure is used.\nBlack Hills Energy did not comply with §192.225(b) which requires a record for the results of\nthe qualifying tests to be retained. At the time of the inspection, it was noted that Black Hills\nEnergy did not have access to the record for qualifying test of the welding procedures which\nwas adopted from their new parent company, Cheyenne Light Fuel and Power.\n\n\n\n2. §191.22 National Registry of Pipeline and LNG Operators.\n(c) Changes. Each operator of a gas pipeline, gas pipeline facility, LNG plant or\nLNG facility must notify PHMSA electronically through the National Registry of\nPipeline and LNG Operators at http:// opsweb.phmsa.dot.gov of certain events.\n(2) An operator must notify PHMSA of any of the following events not later than\n60 days after the event occurs:\n(i) A change in the primary entity responsible (i.e., with an assigned OPID) for\nmanaging or administering a safety program required by this part covering\npipeline facilities operated under multiple OPIDs.\n(ii) A change in the name of the operator.\nBlack Hills Energy did not comply with §191.22(c) (2) (i-ii) which requires a notification to\nPHMSA for changing the primary entity and the name of the operator. At the time of the\ninspection, Black Hills Energy did not provide evidence to comply with the requirements of\n§191.22 (c) (2) (i-ii). It is our understanding that their regulated pipeline was purchased by\nCheyenne Light Fuel and Power, a subsidiary of Black Hills Corporation, on July 1, 2015.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe item(s) identified in this letter. Failure to do so will result in Black Hills Energy being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2015-0020W and for each document you submit, please provide a copy in\nelectronic format to PHP-WRADMIN@dot.gov whenever possible. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\n2\n\n\n\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 Ogirima (#151269)\n3","truncated":false,"body_characters":4911}