{"operation":"document","citation":"CPF 520171012","title":"WESTGAS INTERSTATE, INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-10-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.705(b), 192.706.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520171012","body":"Notice of Probable Violation involving WESTGAS INTERSTATE, INC. PHMSA's enforcement data identifies the cited regulations as 192.705(b),  192.706. The case was opened on 2017-10-12 and is reported as closed as of 2019-03-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520171012_Final Order_03082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_Final%20Order_03082019.pdf\n\n520171012_Final Order_03082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_Final%20Order_03082019_text.pdf\n\n520171012_NOPV PCO_10122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_NOPV%20PCO_10122017.pdf\n\n520171012_NOPV PCO_10122017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_NOPV%20PCO_10122017_text.pdf\n\n520171012_Operator Response To Notice_11062017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_Operator%20Response%20To%20Notice_11062017.pdf\n\n520171012_Final Order_03082019_text.pdf\n\nMarch 8, 2019\nMr. Luke A. Litteken\nPresident and Chief Executive Officer\nWestGas InterState, Inc.\n1800 Larimer Street, Suite 1100\nDenver, CO 80202\nRe: CPF No. 5-2017-1012\nDear Mr. Litteken:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that WestGas Interstate, Inc., has completed the actions specified in the\nNotice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is effective upon the date of mailing as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Ben Fowke, President and Chief Executive Officer, Xcel Energy, Inc., 414 Nicollet\nMall, Minneapolis, MN 55401\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\n)\n)\nWestGas InterState, Inc., )\na subsidiary of Xcel Energy, Inc., )\nRespondent. )\n____________________________________)\n) CPF No. 5-2017-1012\nFINAL ORDER\nOn February 14, March 27 through 28, and May 16, 2017, pursuant to 49 U.S.C. § 60117, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and\nrecords of WestGas InterState, Inc. (WestGas or Respondent), a wholly-owned subsidiary of\nXcel Energy, Inc., in northern Colorado and southern Wyoming. WestGas operates 11 miles of\ninterstate pipeline connecting the public service company of Colorado Chalk Bluffs with the\nBlack Hills Utility Holdings delivery system in Cheyenne, Wyoming.1 According to WestGas,\nthe interstate pipeline facilities that are the subject of this Final Order are operated by personnel\nfrom Public Service Company of Colorado.2\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated October 12, 2017, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that WestGas had committed two violations of 49 C.F.R. Part 192 and proposed ordering\nRespondent to take certain measures to correct the alleged violations.\nWestGas, via its parent company, responded to the Notice by letter dated November 6, 2017\n(Response). The company did not contest the allegations of violation and agreed to complete the\nproposed compliance actions. WestGas submitted a supplemental response on January 9, 2018,\ndocumenting its efforts to be responsive to the compliance order. Respondent did not request a\nhearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, WestGas did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\n1 See http://www1.xcelenergy.com/webebb/html/wgis.asp. (Current as of September 14, 2018).\n2 Response, at 1.\n\n\n\nCPF No. 5-2017-1012\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b), which states:\n§ 192.705 Transmission lines: Patrolling.\n(a) …\n(b) The frequency of patrols is determined by the size of the line, the\noperating pressures, the class location, terrain, weather, and other relevant\nfactors, but intervals between patrols may not be longer than prescribed in\nthe following table:\nMaximum interval between patrols\nClass location\nof line\n1, 2 . . . . . . . . . 3 . . . . . . . . . . . 4 . . . . . . . . . . . At highway and railroad\ncrossings\n7½ months; but at least\ntwice each calendar year\n4½ months; but at least\nfour times each calendar\nyear\n4½ months; but at least\ntwice each calendar year\nAt all other places\n15 months; but at least once\neach calendar year\n7½ months; but at least twice\neach calendar year\n4½ months; but at least four\ntimes each calendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.705(b) by failing to patrol its\npipeline in Class 3 locations every 7½ months, but at least twice a year. Specifically, the Notice\nalleged that WestGas provided inspection records for August and November 2015, as well as\nJune and December 2016, but could not provide any inspection records to demonstrate that\npatrolling took place at 7½ month intervals prior to August 2015 on its Class 3 locations.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.705(b) by failing to patrol its\npipeline in Class 3 locations every 7½ months, but at least twice a year.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.706(a), which states:\n§ 192.706 Transmission lines: Leakage surveys.\nLeakage surveys of a transmission line must be conducted at intervals\nnot exceeding 15 months, but at least once each calendar year. However,\nin the case of a transmission line which transports gas in conformity with\n§ 192.625 without an odor or odorant, leakage surveys using leak detector\nequipment must be conducted –\n(a) In Class 3 locations, at intervals not exceeding 7½ months, but at\nleast twice each calendar year; and\n(b) In Class 4 locations, at intervals not exceeding 4½ months, but at\nleast four times each calendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.706(a) by failing to conduct\nleakage surveys in 2015 on its pipeline that transports gas in conformity with § 192.625 without\nan odor or odorant in its Class 3 location at intervals not exceeding 7½ months, but at least twice\neach calendar year. Specifically, the Notice alleged that during the PHMSA inspection, a\n\n\n\nCPF No. 5-2017-1012\nPage 3\nWestGas representative provided the PHMSA inspector with leakage-survey records for August\nand December 2015, as well as June and December 2016, but could not produce leak surveys for\nthe same line (which transports gas without an odorant) within 7½ months prior to August 2015.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.706(a) by failing to conduct\nleakage surveys in 2015 on its pipeline that transports gas in conformity with § 192.625 without\nan odor or odorant in its Class 3 location, at intervals not exceeding 7½ months, but at least twice\neach calendar year.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 192.705(b) and 192.706(a), respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. The Director indicates that Respondent has taken the following actions specified in\nthe proposed compliance order:\n1. With respect to the violation of § 192.705(b) (Item 1), Respondent has\ntransitioned to a new SAP resource-planning software that includes tracking and\nreporting of compliance activities on WestGas’ natural gas transmission pipeline. In\naddition, WestGas completed its 2017 compliance inspection using its old work\nmanagement system (to try and remediate any problems before 2018) and has decided\nto patrol its entire pipeline twice per year as a policy.\n2. With respect to the violation of § 192.706(a) (Item 2), Respondent has\ntransitioned to a new SAP resource planning software that includes tracking and\nreporting of compliance activities on WestGas’ natural gas transmission pipeline. In\naddition, WestGas completed its 2017 compliance inspection using its old work\nmanagement system (to try and remediate any problems before 2018) and has decided\nto patrol its entire pipeline twice per year as a policy.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMarch 8, 2019\n__________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9643}