# WESTGAS INTERSTATE, INC — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 192.705(b), 192.706.
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- **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.

Official case documents:

520171012_Final Order_03082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_Final%20Order_03082019.pdf

520171012_Final Order_03082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_Final%20Order_03082019_text.pdf

520171012_NOPV PCO_10122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_NOPV%20PCO_10122017.pdf

520171012_NOPV PCO_10122017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_NOPV%20PCO_10122017_text.pdf

520171012_Operator Response To Notice_11062017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171012/520171012_Operator%20Response%20To%20Notice_11062017.pdf

520171012_Final Order_03082019_text.pdf

March 8, 2019
Mr. Luke A. Litteken
President and Chief Executive Officer
WestGas InterState, Inc.
1800 Larimer Street, Suite 1100
Denver, CO 80202
Re: CPF No. 5-2017-1012
Dear Mr. Litteken:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and finds that WestGas Interstate, Inc., has completed the actions specified in the
Notice to comply with the pipeline safety regulations. Therefore, this case is now closed.
Service of the Final Order by certified mail is effective upon the date of mailing as provided
under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Ben Fowke, President and Chief Executive Officer, Xcel Energy, Inc., 414 Nicollet
Mall, Minneapolis, MN 55401
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
)
)
WestGas InterState, Inc., )
a subsidiary of Xcel Energy, Inc., )
Respondent. )
____________________________________)
) CPF No. 5-2017-1012
FINAL ORDER
On February 14, March 27 through 28, and May 16, 2017, pursuant to 49 U.S.C. § 60117, a
representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office
of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and
records of WestGas InterState, Inc. (WestGas or Respondent), a wholly-owned subsidiary of
Xcel Energy, Inc., in northern Colorado and southern Wyoming. WestGas operates 11 miles of
interstate pipeline connecting the public service company of Colorado Chalk Bluffs with the
Black Hills Utility Holdings delivery system in Cheyenne, Wyoming.1 According to WestGas,
the interstate pipeline facilities that are the subject of this Final Order are operated by personnel
from Public Service Company of Colorado.2
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated October 12, 2017, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that WestGas had committed two violations of 49 C.F.R. Part 192 and proposed ordering
Respondent to take certain measures to correct the alleged violations.
WestGas, via its parent company, responded to the Notice by letter dated November 6, 2017
(Response). The company did not contest the allegations of violation and agreed to complete the
proposed compliance actions. WestGas submitted a supplemental response on January 9, 2018,
documenting its efforts to be responsive to the compliance order. Respondent did not request a
hearing and therefore has waived its right to one.
FINDINGS OF VIOLATION
In its Response, WestGas did not contest the allegations in the Notice that it violated 49 C.F.R.
Part 192, as follows:
1 See http://www1.xcelenergy.com/webebb/html/wgis.asp. (Current as of September 14, 2018).
2 Response, at 1.



CPF No. 5-2017-1012
Page 2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b), which states:
§ 192.705 Transmission lines: Patrolling.
(a) …
(b) The frequency of patrols is determined by the size of the line, the
operating pressures, the class location, terrain, weather, and other relevant
factors, but intervals between patrols may not be longer than prescribed in
the following table:
Maximum interval between patrols
Class location
of line
1, 2 . . . . . . . . . 3 . . . . . . . . . . . 4 . . . . . . . . . . . At highway and railroad
crossings
7½ months; but at least
twice each calendar year
4½ months; but at least
four times each calendar
year
4½ months; but at least
twice each calendar year
At all other places
15 months; but at least once
each calendar year
7½ months; but at least twice
each calendar year
4½ months; but at least four
times each calendar year.
The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b) by failing to patrol its
pipeline in Class 3 locations every 7½ months, but at least twice a year. Specifically, the Notice
alleged that WestGas provided inspection records for August and November 2015, as well as
June and December 2016, but could not provide any inspection records to demonstrate that
patrolling took place at 7½ month intervals prior to August 2015 on its Class 3 locations.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.705(b) by failing to patrol its
pipeline in Class 3 locations every 7½ months, but at least twice a year.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.706(a), which states:
§ 192.706 Transmission lines: Leakage surveys.
Leakage surveys of a transmission line must be conducted at intervals
not exceeding 15 months, but at least once each calendar year. However,
in the case of a transmission line which transports gas in conformity with
§ 192.625 without an odor or odorant, leakage surveys using leak detector
equipment must be conducted –
(a) In Class 3 locations, at intervals not exceeding 7½ months, but at
least twice each calendar year; and
(b) In Class 4 locations, at intervals not exceeding 4½ months, but at
least four times each calendar year.
The Notice alleged that Respondent violated 49 C.F.R. § 192.706(a) by failing to conduct
leakage surveys in 2015 on its pipeline that transports gas in conformity with § 192.625 without
an odor or odorant in its Class 3 location at intervals not exceeding 7½ months, but at least twice
each calendar year. Specifically, the Notice alleged that during the PHMSA inspection, a



CPF No. 5-2017-1012
Page 3
WestGas representative provided the PHMSA inspector with leakage-survey records for August
and December 2015, as well as June and December 2016, but could not produce leak surveys for
the same line (which transports gas without an odorant) within 7½ months prior to August 2015.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.706(a) by failing to conduct
leakage surveys in 2015 on its pipeline that transports gas in conformity with § 192.625 without
an odor or odorant in its Class 3 location, at intervals not exceeding 7½ months, but at least twice
each calendar year.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for
violations of 49 C.F.R. §§ 192.705(b) and 192.706(a), respectively. Under 49 U.S.C.
§ 60118(a), each person who engages in the transportation of gas or who owns or operates a
pipeline facility is required to comply with the applicable safety standards established under
chapter 601. The Director indicates that Respondent has taken the following actions specified in
the proposed compliance order:
1. With respect to the violation of § 192.705(b) (Item 1), Respondent has
transitioned to a new SAP resource-planning software that includes tracking and
reporting of compliance activities on WestGas’ natural gas transmission pipeline. In
addition, WestGas completed its 2017 compliance inspection using its old work
management system (to try and remediate any problems before 2018) and has decided
to patrol its entire pipeline twice per year as a policy.
2. With respect to the violation of § 192.706(a) (Item 2), Respondent has
transitioned to a new SAP resource planning software that includes tracking and
reporting of compliance activities on WestGas’ natural gas transmission pipeline. In
addition, WestGas completed its 2017 compliance inspection using its old work
management system (to try and remediate any problems before 2018) and has decided
to patrol its entire pipeline twice per year as a policy.
Accordingly, I find that compliance has been achieved with respect to these violations.
Therefore, the compliance terms proposed in the Notice are not included in this Order.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
March 8, 2019
__________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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