{"operation":"document","citation":"CPF 52023048NOPV","title":"CLEAR CREEK STORAGE COMPANY, LLC — Notice of Probable Violation","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 probable violation citing 191.22(c)(1)(i), 191.22(c)(1)(ii), 192.631(c)(3), 192.631(c)(4), 192.631(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023048nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023048nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023048nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023048NOPV","body":"Notice of Probable Violation involving CLEAR CREEK STORAGE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 191.22(c)(1)(i),  191.22(c)(1)(ii),  192.631(c)(3),  192.631(c)(4),  192.631(e). The case was opened on 2023-11-02 and is reported as closed as of 2025-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023048NOPV_Closure Letter_11122025_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Closure%20Letter_11122025_(22-239215).pdf\n\n52023048NOPV_Closure Letter_11122025_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Closure%20Letter_11122025_(22-239215)_text.pdf\n\n52023048NOPV_Final Order_09202024_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Final%20Order_09202024_(22-239215).pdf\n\n52023048NOPV_Final Order_09202024_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Final%20Order_09202024_(22-239215)_text.pdf\n\n52023048NOPV_Operator Response to Notice_02022024_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Operator%20Response%20to%20Notice_02022024_(22-239215).pdf\n\n52023048NOPV_PCO_11022023_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_PCO_11022023_(22-239215).pdf\n\n52023048NOPV_PCO_11022023_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_PCO_11022023_(22-239215)_text.pdf\n\n52023048NOPV_Final Order_09202024_(22-239215)_text.pdf\n\nSeptember 20, 2024\nVIA ELECTRONIC MAIL TO: scott.smith@spireenergy.com\nScott Smith\nPresident - Spire Storage West, LLC\nClear Creek Storage Company, LLC\n3773 Richmond Ave, Suite 300\nHouston, Texas 77046\nRe: CPF No. 5-2023-048-NOPV\nDear Mr. Smith:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Clear Creek Storage Company, LLC1 to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Final Order by e-mail is effective upon the date of transmission and\nacknowledgement of receipt as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Final Order\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Craig Hoeferlin, Vice President, Operations Services and SMS, Clear Creek Storage\nCompany, LLC, craig.hoeferlin@spireenergy.com\n1 Clear Creek Storage Company, LLC was acquired by Spire Storage West, LLC in 2018.\n\n\n\nMr. Randy Wilson, Director, Pipeline and System Integrity, Clear Creek Storage\nCompany, LLC, randy.wilson@spireenergy.com\nCONFIRMATION OF 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 )\nClear Creek Storage Company, LLC, ) CPF No. 5-2023-048-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom September 26 through 30, 2022, pursuant to 49 U.S.C. § 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Clear\nCreek Storage Company, LLC’s (Clear Creek or Respondent)2 control room procedures and\nrecords for the control room located at the Clear Creek Storage field north of Evanston,\nWyoming.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated November 2, 2023, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Clear Creek had committed three violations of 49 C.F.R. Part 192, and proposed\nordering Respondent to take certain measures to correct the alleged violations. The Notice also\nincluded a warning item pursuant to 49 C.F.R. § 190.205, which warned the operator to correct\nthe probable violation or face possible future enforcement action.\nAfter requesting and receiving an extension of time to respond, Respondent responded on\nFebruary 2, 2024 (Response).3 Respondent did not request a hearing and therefore has waived\nits right to one.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:\n2 Clear Creek was acquired by Spire Storage West, LLC in 2018.\n3 Letter from Randy Wilson, Dir. Pipeline & Sys. Integrity, Clear Creek Storage Co., LLC, to Dustin Hubbard, Dir.\nWestern Region, PHMSA, RE: CPF 5-2023-048-NOPV (Feb. 2, 2024) (on file with PHMSA) [hereinafter\nResponse].\n\n\n\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(3), which states:\n§ 192.631 Control room management.\n(a) ….\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures necessary\nfor the controllers to carry out the roles and responsibilities the operator has\ndefined by performing each of the following:\n(1) ….\n(3) Test and verify an internal communication plan to provide adequate\nmeans for manual operation of the pipeline safely, at least once each\ncalendar year, but at intervals not to exceed 15 months;\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(3) by failing to test and\nverify its internal communications plan at least once each calendar year, but at intervals not to\nexceed 15 months, to provide adequate means for manual operation of the pipeline safely.\nSpecifically, the Notice alleged that, during the inspection, Clear Creek could not provide\ndocumentation demonstrating it had tested and verified its internal communications plan for the\nyears 2019, 2020, and 2021.\nIn its Response, Respondent did not contest the allegation of violation. Accordingly, after\nconsidering all of the evidence, I find that Respondent violated 49 C.F.R. § 192.631(c)(3) by\nfailing to test and verify its internal communications plan at least once each calendar year, but at\nintervals not to exceed 15 months, to provide adequate means for manual operation of the\npipeline safely.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(4), which states:\n§ 192.631 Control room management.\n(a) ….\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures necessary\nfor the controllers to carry out the roles and responsibilities the operator has\ndefined by performing each of the following:\n(1) ….\n(4) Test any backup SCADA systems at least once each calendar year,\nbut at intervals not to exceed 15 months;\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(4) by failing to complete the\nrequired test of any backup supervisory control and data acquisition (SCADA) systems at least\nonce each calendar year, but at intervals not to exceed 15 months. Specifically, the Notice\nalleged that Clear Creek could not provide any documentation demonstrating it had tested the\nbackup SCADA system, which is collocated with the primary server, at least once each calendar\nyear, but at intervals not to exceed 15 months for the years 2019, 2020, and 2021.\nRespondent contested this allegation of violation. In its Response, Respondent stated that it\n\n\n\n“does not currently have a back-up control room for Clear Creek Storage.”4 Respondent did\nstate that after receiving the Notice that it has included the required test of any backup SCADA\nsystems in its updated Control Room Management (CRM) Plan, and, once its new control room\nat Clear Creek is operational (anticipated in November 2024), it will update its CRM Plan “to\nreflect this operational setup upon completion.”5\nAfter reviewing the evidence, I find that Respondent does have a backup SCADA system. Part\n192 defines the term “SCADA system” to mean “a computer-based system or systems used by a\ncontroller in a control room that collects and displays information about a pipeline facility and\nmay have the ability to send commands back to the pipeline facility.”6 While Part 192 does not\ndefine the term “backup SCADA system,” PHMSA’s CRM FAQs discuss backup SCADA\nsystems as “independent or redundant systems that provide similar functionality to the primary\nSCADA system.”7 During PHMSA’s inspection of the Clear Creek control room, Respondent’s\nstaff described its SCADA system as having a two-server architecture that auto switches between\nthe two servers. The second server is a backup SCADA system because it includes all redundant\ndevices and software used to control the pipeline system and facilities. Respondent did not\ndemonstrate in its Response that it did not have a backup SCADA system, and thus failed to\nestablish that 49 C.F.R. § 192.631(c)(4) did not apply.\nAccordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.\n§ 192.631(c)(4) by failing to complete the required test of any backup SCADA systems at least\nonce each calendar year, but at intervals not to exceed 15 months.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(e), which states:\n§ 192.631 Control room management.\n(a) ….\n(e) Alarm management. Each operator using a SCADA system must\nhave a written alarm management plan to provide for effective controller\nresponse to alarms.\nThe Notice alleged that Respondent violated 49 C.F.R. §192.631(e) by failing to develop a\nwritten alarm management plan as required. Specifically, the Notice alleged that PHMSA’s\nreview of the Clear Creek CRM Plan demonstrated that the manual did not contain a written\nalarm management plan.\nIn its Response, Clear Creek did not contest the allegation of violation. Accordingly, after\nconsidering all of the evidence, I find that Respondent violated 49 C.F.R. § 192.631(e) by failing\n4 Response, at 3.\n5 Id.\n6 49 C.F.R. § 192.3.\n7 PHMSA CRM FAQ C.08. Examples of backup SCADA systems described in FAQ C.08 include redundant\nservers, and entire backup control rooms with duplicate SCADA and communication systems. FAQ C.08 also\nexplains that backup SCADA systems do not have to duplicate the performance and functionality of the primary\nsystem in order to be considered a backup system.\n\n\n\nto develop a written alarm management plan as required.\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 2, 3, and 4 in the Notice for\nviolations of 49 C.F.R. §§ 192.631(c)(3), (c)(4), and (e), respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of natural gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. The Director has indicated that Respondent has taken the following actions to\naddress some of the cited violations:\nWith regard to the violation of § 192.631(e) (Item 4), Respondent did not contest the proposed\ncompliance order. Respondent provided Western Region with an amended CRM Plan (Revised\nJanuary 22, 2024, Version 1.1), per the terms of the proposed compliance order. Western Region\nreviewed the documentation provided and determined that Respondent has adequately revised its\nprocedures.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice for Item 4 are not included in this Order.\nAs for the remaining compliance terms, pursuant to the authority of 49 U.S.C. § 60118(b) and 49\nC.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance with\nthe pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.631(c)(3) (Item 2), Respondent must develop\nand test an internal communications plan to manually operate the pipeline during a\nSCADA failure or outage. Respondent must also submit the internal communication\nplan and test documentation to PHMSA within 60 days of receipt of the Final Order.\n2. With respect to the violation of § 192.631(c)(4) (Item 3), Respondent must develop\na procedure to test any backup SCADA systems. Additionally, Respondent must\nconduct tests of all backup SCADA systems and submit the procedure and test\ndocumentation to PHMSA within 60 days of receipt of the Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is requested\nthat these costs be reported in two categories: (1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses; and (2) total cost associated with replacements, additions\nand other changes to pipeline infrastructure.\n\n\n\nFailure to comply with this Order may result in the administrative assessment of civil penalties not\nto exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223 for adjusted amounts), for\neach violation for each day the violation continues or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\nWARNING ITEM\nWith respect to Item 1, the Notice alleged probable violation of Part 191, but identified it as a\nwarning item pursuant to § 190.205. The warning was for:\n49 C.F.R. § 191.22(c)(1) (Item 1) ─ Respondent’s alleged failure to notify\nPHMSA not later than 60 days before the start of construction of the Clear Creek\nStorage Company Expansion Project, as required. Specifically, the Notice alleged\nthat during the inspection, the PHMSA inspector observed various construction\nactivities at the Clear Creek Storage plant site, including moving dirt and welding.\nHowever Clear Creek did not file the National Registry Notification, until\nDecember 9, 20228 which was 78 days after the observed commencement of\nconstruction activities, and at least 138 days after the time § 191.22(c)(1) requires.\nRespondent did not contest this warning item, but did provide the following comment, “For the\nnoted construction project, [Clear Creek] had not considered the preparatory dirt work in the area\nas basis of the physical well and pipeline project. For any future construction notifications,\n[Clear Creek] will include the project preparatory work as a basis for the notification date.”9\nIf OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject\nto future enforcement action.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of\nthe order, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nSeptember 20, 2024\n___________________________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n8 See National Registry Notification.\n9 Response, at 2.\n\n52023048NOPV_Closure Letter_11122025_(22-239215)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n12300 W. Dakota Ave., Suite 340\nLakewood, CO 80228\nVIA ELECTRONIC MAIL TO: scott.smith@spireenergy.com\nNovember 12, 2025\nMr. Scott Smith\nPresident - Spire Storage West, LLC\nClear Creek Storage Company, LLC\n3773 Richmond Ave., Suite 300\nHouston, Texas 77046\nCPF 5-2023-048-NOPV\nClosure Letter\nDear Mr. Smith:\nOn September 20, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Clear Creek Storage Company, LLC (Clear Creek) a Final Order in the above-\nreferenced case. This Order included a Compliance Order. On November 19, 2024, Clear Creek\nprovided an initial response to the Compliance Order. On December 5, 2024, Clear Creek\nrequested by letter an extension to January 31, 2025 to complete the compliance terms. On\nJanuary 31, 2025, Clear Creek requested an additional extension to February 28, 2025. On\nFebruary 28, 2025, PHMSA received a letter from Clear Creek regarding the remaining terms of\nthe Compliance Order. Based on our review of the documentation Clear Creek provided in the\nNovember 19, 2024 and February 28, 2025 letters, it has been determined that Clear Creek has\ncomplied with the terms of the September 20, 2024 Final Order.\nRegarding Item 1, the Compliance Order required Clear Creek to develop and test an internal\ncommunications plan to manually operate the pipeline during a SCADA failure or outage. Based\non the records Clear Creek submitted, Item 1 has been completed.\nRegarding Item 2, the Compliance Order required Clear Creek to develop a procedure to test any\nbackup SCADA systems and then perform said test(s). According to the records submitted,\nClear Creek indicated in its response that as part of its expansion project, the company has built a\nnew control room with a new SCADA system. Clear Creek’s response included an amended\n\n\n\nprocedure but stated that it no longer has any backup SCADA systems. Accordingly, Item 2 has\nbeen completed.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-239215)\nRandy Wilson, Director, Pipeline & System Integrity – Randy.Wilson@spireenergy.com\n2","truncated":false,"body_characters":18559}