{"operation":"document","citation":"CPF 52023047NOA","title":"CLEAR CREEK STORAGE COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-11-02","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(a), 192.631(b), 192.631(b)(3), 192.631(b)(4), 192.631(b)(5), 192.631(c)(1), 192.631(c)(2), 192.631(g), 192.631(h), 192.631(h)(1), 192.631(h)(3), 192.631(h)(4), 192.631(h)(5), 192.631(h)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023047noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023047noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023047noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023047NOA","body":"Notice of Amendment involving CLEAR CREEK STORAGE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.631(b),  192.631(b)(3),  192.631(b)(4),  192.631(b)(5),  192.631(c)(1),  192.631(c)(2),  192.631(g),  192.631(h),  192.631(h)(1),  192.631(h)(3),  192.631(h)(4),  192.631(h)(5),  192.631(h)(6). The case was opened on 2023-11-02 and is reported as closed as of 2024-05-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023047NOA_Closure Letter_05132024_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Closure%20Letter_05132024_(22-239215).pdf\n\n52023047NOA_Closure Letter_05132024_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Closure%20Letter_05132024_(22-239215)_text.pdf\n\n52023047NOA_Notice of Amendment_11022023_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Notice%20of%20Amendment_11022023_(22-239215).pdf\n\n52023047NOA_Notice of Amendment_11022023_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Notice%20of%20Amendment_11022023_(22-239215)_text.pdf\n\n52023047NOA_Operator Response to Notice_02022024_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Operator%20Response%20to%20Notice_02022024_(22-239215).pdf\n\n52023047NOA_Notice of Amendment_11022023_(22-239215)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Craig.Hoeferlin@spireenergy.com\nNovember 2, 2023\nMr. Craig Hoeferlin\nVice President, Operations Services and SMS\nClear Creek Storage Company, LLC\n700 Market Street\nSt. Louis, MO 63101\nCPF 5-2023-047-NOA\nDear Mr. Hoeferlin:\nFrom September 26 through 30, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nthe Clear Creek Storage Company, LLC (Clear Creek) control room procedures and records for\nthe control room located at the Clear Creek Storage field north of Evanston, Wyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nClear Creek’s procedures, as described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year…\n\n\n\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the Clear Creek Control Room Management Manual\n(CRMM) showed that it did not have a process to require that the fatigue education and training\nprogram be reviewed and updated by the operator at intervals not exceeding 15 months, but at\nleast once each calendar year.\nTherefore, Clear Creek must amend its CRMM to provide for the annual review of the fatigue\neducation and training program.\n2. § 192.631 Control room management.\n(a) . . .\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions.\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM demonstrated that it did not adequately\ndescribe the physical domain of responsibility of the controller. CRMM section 1.5 specified\nthat only the North/South Loop – 8” & 6” and Well to Plant Lines – 4” & 6” pipelines were\ncovered by the CRMM. However, during the PHMSA inspection, Clear Creek informed\nPHMSA that the controller also monitors and controls other equipment and facilities on site,\nsuch as the processing plant and the property within the fence line. The PHMSA inspector also\nobserved a controller monitoring locations outside of the North/South Loop – 8” & 6’’ and Well\nto Plant lines – 4” & 6”. However, upon PHMSA review of the CRMM, it became evident that\nthe CRMM failed to include those roles and responsibilities of the controller.\nTherefore, Clear Creek must amend its CRMM to fully describe the controller’s roles and\nphysical domain of responsibility for the entire site.\n3. § 192.631 Control room management.\n(a) . . .\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) . . .\n(3) A controller's role during an emergency, even if the controller is not the first to\ndetect the emergency, including the controller's responsibility to take specific\nactions and to communicate with others;\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM demonstrated that it did not have a\nprocess to describe non-process emergencies (i.e. natural disasters, etc.) that require the\nevacuation of the control room.\n\n\n\nTherefore, Clear Creek must amend its CRMM to address non-process emergencies that require\nevacuation of the control room.\n4. § 192.631 Control room management.\n(a) . . .\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) . . .\n(4) A method of recording controller shift-changes and any hand-over of\nresponsibility between controllers;\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of CRMM established it did not have a process to\ndescribe the circumstances when the controller leaves the control room console unattended.\nClear Creek controllers have duties that regularly take them away from the control room console\nand out into the plant facilities.\nTherefore, Clear Creek must amend its CRMM to include the circumstances when the controller\nleaves the control room console unattended.\n5. § 192.631 Control room management.\n(a) . . .\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) . . .\n(5) The roles, responsibilities and qualifications of others with the authority to direct\nor supersede the specific technical actions of a controller.\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM provided that it did not describe who had\nthe authority to direct or supersede the specific technical actions of a controller.\nTherefore, Clear Creek must amend its CRMM to include a description of who has the authority\nto direct or supersede the specific technical actions of a controller.\n6. § 192.631 Control room management.\n(a) …\n(c) Provide adequate information. Each operator must provide its controllers with\nthe information, tools, processes and procedures necessary for the controllers to\n\n\n\ncarry out the roles and responsibilities the operator has defined by performing each\nof the following:\n(1) Implement sections 1, 4, 8, 9, 11.1, and 11.3 of API RP 1165 (incorporated by\nreference, see § 192.7) whenever a SCADA system is added, expanded or replaced,\nunless the operator demonstrates that certain provisions of sections 1, 4, 8, 9, 11.1,\nand 11.3 of API RP 1165 are not practical for the SCADA system used;\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM demonstrated that the manual did not\nhave a process for the implementation of API RP 1165 as required by § 192.631(c)(1) whenever\na SCADA system is added, expanded or replaced.\nTherefore, Clear Creek must amend its CRMM to include procedures for implementation of\nsections 1, 4, 8, 9, 11.1, and 11.3 of API RP 1165 whenever a SCADA system is added,\nexpanded or replaced or include an explanation providing for why certain required provisions are\nnot practical for the SCADA system used.\n7. § 192.631 Control room management.\n(a) …\n(c) Provide adequate information. Each operator must provide its controllers with\nthe information, tools, processes and procedures necessary for the controllers to\ncarry out the roles and responsibilities the operator has defined by performing each\nof the following:\n(1) …\n(2) Conduct a point-to-point verification between SCADA displays and related field\nequipment when field equipment is added or moved and when other changes that\naffect pipeline safety are made to field equipment or SCADA displays;\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of CRMM found that the manual did not define and\nidentify the circumstances which require a point-to-point verification or the method by which to\ndocument the point-to-point verification.\nTherefore, Clear Creek must amend its CRMM to include a process of defining and identifying\nthe circumstances which require a point-to-point verification.\n8. § 192.631 Control room management.\n(a) …\n(g) Operating experience. Each operator must assure that lessons learned from its\noperating experience are incorporated, as appropriate, into its control room\nmanagement procedures by performing each of the following:\n(1) Review incidents that must be reported pursuant to 49 CFR part 191 to\ndetermine if control room actions contributed to the event and, if so, correct, where\nnecessary, deficiencies related to:\n\n\n\n(i) Controller fatigue;\n(ii) Field equipment;\n(iii) The operation of any relief device;\n(iv) Procedures;\n(v) SCADA system configuration; and\n(vi) SCADA system performance.\n(2) Include lessons learned from the operator's experience in the training program\nrequired by this section.\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM demonstrated that the manual did not\ninclude a procedure requiring training of controllers, on lessons learned from reportable\nincidents/accidents, near misses, leaks, operational and maintenance errors, and other operating\nexperiences.\nClear Creek must amend its CRMM to include a process incorporating lessons learned from its\noperating experience, as appropriate.\n9. § 192.631 Control room management.\n(a) …\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator.\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM found that it did not have a process to\nreview the training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months.\nClear Creek must amend its CRMM to establish and review a controller training program to\nsafely carry out the roles and responsibilities defined by the operator.\n10. § 192.631 Control room management.\n(a) . . . .\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training program must\ninclude the following elements:\n(1) Responding to abnormal operating conditions likely to occur simultaneously or\nin sequence;\n\n\n\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM found that the controller training\nprogram did not include a process for providing controller training on responding to abnormal\noperating conditions likely to occur simultaneously or in sequence.\nTherefore, Clear Creek must amend its CRMM to provide training for responding to abnormal\noperating conditions likely to occur simultaneously or in sequence.\n11. § 192.631 Control room management.\n(a) . . . .\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training program must\ninclude the following elements:\n(1) . . . .\n(3) Training controllers on their responsibilities for communication under the\noperator's emergency response procedures; …\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM controller training program demonstrated\nthat it did not have a process to provide controllers training on their responsibilities for\ncommunication under the operator's emergency response procedures.\nTherefore, Clear Creek must amend its CRMM to include a process for providing training to\ncontrollers on their responsibilities for communication under the operator's emergency response\nprocedures.\n12. § 192.631 Control room management.\n(a) . . . .\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training program must\ninclude the following elements:\n(1) . . . .\n(4) Training that will provide a controller a working knowledge of the pipeline\nsystem, especially during the development of abnormal operating conditions; …\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM found that it did not have a process to\n\n\n\nprovide controllers a working knowledge of the pipeline system and facilities, especially during\nthe development of abnormal operating conditions.\nClear Creek must amend its CRMM to incorporate a process for providing controllers a working\nknowledge of the pipeline system and facilities.\n13. § 192.631 Control room management.\n(a) . . . .\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training program must\ninclude the following elements:\n(1) . . . .\n(5) For pipeline operating setups that are periodically, but infrequently used,\nproviding an opportunity for controllers to review relevant procedures in advance\nof their application;\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM found that it did not have a process to\nprovide controllers an opportunity to review relevant procedures for pipeline operating setups\nthat are periodically, but infrequently used, in advance of their application.\nTherefore, Clear Creek must amend its CRMM to provide controllers an opportunity to review\nprocedures for infrequently used pipeline operating setups in advance of their application.\n14. § 192.631 Control room management.\n(a) . . . .\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator. In addition, the training program must\ninclude the following elements:\n(1) . . . .\n(6) Control room team training and exercises that include both controllers and\nother individuals, defined by the operator, who would reasonably be expected to\noperationally collaborate with controllers (control room personnel) during normal,\nabnormal or emergency situations. Operators must comply with the team training\nrequirements under this paragraph by no later than January 23, 2018.\n\n\n\nClear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, during inspection, a review of the CRMM found that it did not contain team\ntraining procedures as required pursuant to § 192.631(h)(6).\nTherefore, Clear Creek must amend its CRMM to include procedures for control room team\ntraining and exercises that include both controllers and other individuals, defined by the operator,\nwho would reasonably be expected to operationally collaborate with controllers (control room\npersonnel) during normal, abnormal, or emergency situations.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Clear Creek Storage Company, LLC maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2023-047-NOA and, for each document you\n\n\n\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-239215)\nRandy Wilson, Director, Pipeline & System Integrity – Randy.Wilson@spireenergy.com\n\n52023047NOA_Closure Letter_05132024_(22-239215)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Craig.Hoeferlin@spireenergy.com\nMay 13, 2024\nMr. Craig Hoeferlin\nVice President, Operations Services and SMS\nClear Creek Storage Company, LLC\n700 Market Street\nSt. Louis, MO 63101\nCPF 5-2023-047-NOA\nClosure Letter\nDear Mr. Hoeferlin:\nFrom September 26 through 30, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nthe Clear Creek Storage Company, LLC (Clear Creek) control room procedures and records for\nthe control room located at the Clear Creek Storage field north of Evanston, Wyoming. As a\nresult of the inspection, Clear Creek was issued a Notice of Amendment on November 2, 2023,\nwhich proposed amendment of your procedures.\nClear Creek submitted its amended procedures on February 2, 2024. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\n\n\n\nPHP-500 J. Dunphy (#22-239215)\nRandy Wilson, Director, Pipeline & System Integrity – Randy.Wilson@spireenergy.com","truncated":false,"body_characters":22082}