# CLEAR CREEK STORAGE COMPANY, LLC — Notice of Amendment

- **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:** Not available
- **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).
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- **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.

Official case documents:

52023047NOA_Closure Letter_05132024_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Closure%20Letter_05132024_(22-239215).pdf

52023047NOA_Closure Letter_05132024_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Closure%20Letter_05132024_(22-239215)_text.pdf

52023047NOA_Notice of Amendment_11022023_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023047NOA/52023047NOA_Notice%20of%20Amendment_11022023_(22-239215).pdf

52023047NOA_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

52023047NOA_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

52023047NOA_Notice of Amendment_11022023_(22-239215)_text.pdf

NOTICE OF AMENDMENT
VIA ELECTRONIC MAIL TO: Craig.Hoeferlin@spireenergy.com
November 2, 2023
Mr. Craig Hoeferlin
Vice President, Operations Services and SMS
Clear Creek Storage Company, LLC
700 Market Street
St. Louis, MO 63101
CPF 5-2023-047-NOA
Dear Mr. Hoeferlin:
From September 26 through 30, 2022, representatives of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected
the Clear Creek Storage Company, LLC (Clear Creek) control room procedures and records for
the control room located at the Clear Creek Storage field north of Evanston, Wyoming.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
Clear Creek’s procedures, as described below:
1. § 192.605 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual of
written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed and
updated by the operator at intervals not exceeding 15 months, but at least once each
calendar year…



Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the Clear Creek Control Room Management Manual
(CRMM) showed that it did not have a process to require that the fatigue education and training
program be reviewed and updated by the operator at intervals not exceeding 15 months, but at
least once each calendar year.
Therefore, Clear Creek must amend its CRMM to provide for the annual review of the fatigue
education and training program.
2. § 192.631 Control room management.
(a) . . .
(b) Roles and responsibilities. Each operator must define the roles and
responsibilities of a controller during normal, abnormal, and emergency operating
conditions.
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM demonstrated that it did not adequately
describe the physical domain of responsibility of the controller. CRMM section 1.5 specified
that only the North/South Loop – 8” & 6” and Well to Plant Lines – 4” & 6” pipelines were
covered by the CRMM. However, during the PHMSA inspection, Clear Creek informed
PHMSA that the controller also monitors and controls other equipment and facilities on site,
such as the processing plant and the property within the fence line. The PHMSA inspector also
observed a controller monitoring locations outside of the North/South Loop – 8” & 6’’ and Well
to Plant lines – 4” & 6”. However, upon PHMSA review of the CRMM, it became evident that
the CRMM failed to include those roles and responsibilities of the controller.
Therefore, Clear Creek must amend its CRMM to fully describe the controller’s roles and
physical domain of responsibility for the entire site.
3. § 192.631 Control room management.
(a) . . .
(b) Roles and responsibilities. Each operator must define the roles and
responsibilities of a controller during normal, abnormal, and emergency operating
conditions. To provide for a controller's prompt and appropriate response to
operating conditions, an operator must define each of the following:
(1) . . .
(3) A controller's role during an emergency, even if the controller is not the first to
detect the emergency, including the controller's responsibility to take specific
actions and to communicate with others;
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM demonstrated that it did not have a
process to describe non-process emergencies (i.e. natural disasters, etc.) that require the
evacuation of the control room.



Therefore, Clear Creek must amend its CRMM to address non-process emergencies that require
evacuation of the control room.
4. § 192.631 Control room management.
(a) . . .
(b) Roles and responsibilities. Each operator must define the roles and
responsibilities of a controller during normal, abnormal, and emergency operating
conditions. To provide for a controller's prompt and appropriate response to
operating conditions, an operator must define each of the following:
(1) . . .
(4) A method of recording controller shift-changes and any hand-over of
responsibility between controllers;
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of CRMM established it did not have a process to
describe the circumstances when the controller leaves the control room console unattended.
Clear Creek controllers have duties that regularly take them away from the control room console
and out into the plant facilities.
Therefore, Clear Creek must amend its CRMM to include the circumstances when the controller
leaves the control room console unattended.
5. § 192.631 Control room management.
(a) . . .
(b) Roles and responsibilities. Each operator must define the roles and
responsibilities of a controller during normal, abnormal, and emergency operating
conditions. To provide for a controller's prompt and appropriate response to
operating conditions, an operator must define each of the following:
(1) . . .
(5) The roles, responsibilities and qualifications of others with the authority to direct
or supersede the specific technical actions of a controller.
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM provided that it did not describe who had
the authority to direct or supersede the specific technical actions of a controller.
Therefore, Clear Creek must amend its CRMM to include a description of who has the authority
to direct or supersede the specific technical actions of a controller.
6. § 192.631 Control room management.
(a) …
(c) Provide adequate information. Each operator must provide its controllers with
the information, tools, processes and procedures necessary for the controllers to



carry out the roles and responsibilities the operator has defined by performing each
of the following:
(1) Implement sections 1, 4, 8, 9, 11.1, and 11.3 of API RP 1165 (incorporated by
reference, see § 192.7) whenever a SCADA system is added, expanded or replaced,
unless the operator demonstrates that certain provisions of sections 1, 4, 8, 9, 11.1,
and 11.3 of API RP 1165 are not practical for the SCADA system used;
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM demonstrated that the manual did not
have a process for the implementation of API RP 1165 as required by § 192.631(c)(1) whenever
a SCADA system is added, expanded or replaced.
Therefore, Clear Creek must amend its CRMM to include procedures for implementation of
sections 1, 4, 8, 9, 11.1, and 11.3 of API RP 1165 whenever a SCADA system is added,
expanded or replaced or include an explanation providing for why certain required provisions are
not practical for the SCADA system used.
7. § 192.631 Control room management.
(a) …
(c) Provide adequate information. Each operator must provide its controllers with
the information, tools, processes and procedures necessary for the controllers to
carry out the roles and responsibilities the operator has defined by performing each
of the following:
(1) …
(2) Conduct a point-to-point verification between SCADA displays and related field
equipment when field equipment is added or moved and when other changes that
affect pipeline safety are made to field equipment or SCADA displays;
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of CRMM found that the manual did not define and
identify the circumstances which require a point-to-point verification or the method by which to
document the point-to-point verification.
Therefore, Clear Creek must amend its CRMM to include a process of defining and identifying
the circumstances which require a point-to-point verification.
8. § 192.631 Control room management.
(a) …
(g) Operating experience. Each operator must assure that lessons learned from its
operating experience are incorporated, as appropriate, into its control room
management procedures by performing each of the following:
(1) Review incidents that must be reported pursuant to 49 CFR part 191 to
determine if control room actions contributed to the event and, if so, correct, where
necessary, deficiencies related to:



(i) Controller fatigue;
(ii) Field equipment;
(iii) The operation of any relief device;
(iv) Procedures;
(v) SCADA system configuration; and
(vi) SCADA system performance.
(2) Include lessons learned from the operator's experience in the training program
required by this section.
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM demonstrated that the manual did not
include a procedure requiring training of controllers, on lessons learned from reportable
incidents/accidents, near misses, leaks, operational and maintenance errors, and other operating
experiences.
Clear Creek must amend its CRMM to include a process incorporating lessons learned from its
operating experience, as appropriate.
9. § 192.631 Control room management.
(a) …
(h) Training. Each operator must establish a controller training program and
review the training program content to identify potential improvements at least
once each calendar year, but at intervals not to exceed 15 months. An operator's
program must provide for training each controller to carry out the roles and
responsibilities defined by the operator.
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM found that it did not have a process to
review the training program content to identify potential improvements at least once each
calendar year, but at intervals not to exceed 15 months.
Clear Creek must amend its CRMM to establish and review a controller training program to
safely carry out the roles and responsibilities defined by the operator.
10. § 192.631 Control room management.
(a) . . . .
(h) Training. Each operator must establish a controller training program and
review the training program content to identify potential improvements at least
once each calendar year, but at intervals not to exceed 15 months. An operator's
program must provide for training each controller to carry out the roles and
responsibilities defined by the operator. In addition, the training program must
include the following elements:
(1) Responding to abnormal operating conditions likely to occur simultaneously or
in sequence;



Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM found that the controller training
program did not include a process for providing controller training on responding to abnormal
operating conditions likely to occur simultaneously or in sequence.
Therefore, Clear Creek must amend its CRMM to provide training for responding to abnormal
operating conditions likely to occur simultaneously or in sequence.
11. § 192.631 Control room management.
(a) . . . .
(h) Training. Each operator must establish a controller training program and
review the training program content to identify potential improvements at least
once each calendar year, but at intervals not to exceed 15 months. An operator's
program must provide for training each controller to carry out the roles and
responsibilities defined by the operator. In addition, the training program must
include the following elements:
(1) . . . .
(3) Training controllers on their responsibilities for communication under the
operator's emergency response procedures; …
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM controller training program demonstrated
that it did not have a process to provide controllers training on their responsibilities for
communication under the operator's emergency response procedures.
Therefore, Clear Creek must amend its CRMM to include a process for providing training to
controllers on their responsibilities for communication under the operator's emergency response
procedures.
12. § 192.631 Control room management.
(a) . . . .
(h) Training. Each operator must establish a controller training program and
review the training program content to identify potential improvements at least
once each calendar year, but at intervals not to exceed 15 months. An operator's
program must provide for training each controller to carry out the roles and
responsibilities defined by the operator. In addition, the training program must
include the following elements:
(1) . . . .
(4) Training that will provide a controller a working knowledge of the pipeline
system, especially during the development of abnormal operating conditions; …
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM found that it did not have a process to



provide controllers a working knowledge of the pipeline system and facilities, especially during
the development of abnormal operating conditions.
Clear Creek must amend its CRMM to incorporate a process for providing controllers a working
knowledge of the pipeline system and facilities.
13. § 192.631 Control room management.
(a) . . . .
(h) Training. Each operator must establish a controller training program and
review the training program content to identify potential improvements at least
once each calendar year, but at intervals not to exceed 15 months. An operator's
program must provide for training each controller to carry out the roles and
responsibilities defined by the operator. In addition, the training program must
include the following elements:
(1) . . . .
(5) For pipeline operating setups that are periodically, but infrequently used,
providing an opportunity for controllers to review relevant procedures in advance
of their application;
Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM found that it did not have a process to
provide controllers an opportunity to review relevant procedures for pipeline operating setups
that are periodically, but infrequently used, in advance of their application.
Therefore, Clear Creek must amend its CRMM to provide controllers an opportunity to review
procedures for infrequently used pipeline operating setups in advance of their application.
14. § 192.631 Control room management.
(a) . . . .
(h) Training. Each operator must establish a controller training program and
review the training program content to identify potential improvements at least
once each calendar year, but at intervals not to exceed 15 months. An operator's
program must provide for training each controller to carry out the roles and
responsibilities defined by the operator. In addition, the training program must
include the following elements:
(1) . . . .
(6) Control room team training and exercises that include both controllers and
other individuals, defined by the operator, who would reasonably be expected to
operationally collaborate with controllers (control room personnel) during normal,
abnormal or emergency situations. Operators must comply with the team training
requirements under this paragraph by no later than January 23, 2018.



Clear Creek’s procedures were inadequate to ensure the safe operation of a pipeline facility.
Specifically, during inspection, a review of the CRMM found that it did not contain team
training procedures as required pursuant to § 192.631(h)(6).
Therefore, Clear Creek must amend its CRMM to include procedures for control room team
training and exercises that include both controllers and other individuals, defined by the operator,
who would reasonably be expected to operationally collaborate with controllers (control room
personnel) during normal, abnormal, or emergency situations.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in
Enforcement 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).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under § 190.211. 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 an Order Directing Amendment. If 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. § 190.206). If you are not
contesting this Notice, we propose that you submit your amended procedures to my office within
30 days 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 Clear Creek Storage Company, LLC maintain documentation
of the safety improvement costs associated with fulfilling this Notice of Amendment
(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,
Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence
concerning this matter, please refer to CPF 5-2023-047-NOA and, for each document you



submit, please provide a copy in electronic format whenever possible.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings
cc: PHP-60 Compliance Registry
PHP-500 J. Dunphy (#22-239215)
Randy Wilson, Director, Pipeline & System Integrity – Randy.Wilson@spireenergy.com

52023047NOA_Closure Letter_05132024_(22-239215)_text.pdf

VIA ELECTRONIC MAIL TO: Craig.Hoeferlin@spireenergy.com
May 13, 2024
Mr. Craig Hoeferlin
Vice President, Operations Services and SMS
Clear Creek Storage Company, LLC
700 Market Street
St. Louis, MO 63101
CPF 5-2023-047-NOA
Closure Letter
Dear Mr. Hoeferlin:
From September 26 through 30, 2022, representatives of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected
the Clear Creek Storage Company, LLC (Clear Creek) control room procedures and records for
the control room located at the Clear Creek Storage field north of Evanston, Wyoming. As a
result of the inspection, Clear Creek was issued a Notice of Amendment on November 2, 2023,
which proposed amendment of your procedures.
Clear Creek submitted its amended procedures on February 2, 2024. My staff reviewed the
amended procedures, 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,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry



PHP-500 J. Dunphy (#22-239215)
Randy Wilson, Director, Pipeline & System Integrity – Randy.Wilson@spireenergy.com
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