# CLEAR CREEK STORAGE COMPANY, LLC — Notice of Probable Violation

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

Official case documents:

52023048NOPV_Closure Letter_11122025_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Closure%20Letter_11122025_(22-239215).pdf

52023048NOPV_Closure Letter_11122025_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Closure%20Letter_11122025_(22-239215)_text.pdf

52023048NOPV_Final Order_09202024_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Final%20Order_09202024_(22-239215).pdf

52023048NOPV_Final Order_09202024_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_Final%20Order_09202024_(22-239215)_text.pdf

52023048NOPV_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

52023048NOPV_PCO_11022023_(22-239215).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_PCO_11022023_(22-239215).pdf

52023048NOPV_PCO_11022023_(22-239215)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023048NOPV/52023048NOPV_PCO_11022023_(22-239215)_text.pdf

52023048NOPV_Final Order_09202024_(22-239215)_text.pdf

September 20, 2024
VIA ELECTRONIC MAIL TO: scott.smith@spireenergy.com
Scott Smith
President - Spire Storage West, LLC
Clear Creek Storage Company, LLC
3773 Richmond Ave, Suite 300
Houston, Texas 77046
Re: CPF No. 5-2023-048-NOPV
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by Clear Creek Storage Company, LLC1 to
comply with the pipeline safety regulations. When the terms of the compliance order have been
completed, as determined by the Director, Western Region, this enforcement action will be
closed. Service of the Final Order by e-mail is effective upon the date of transmission and
acknowledgement of receipt 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: Final Order
cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Craig Hoeferlin, Vice President, Operations Services and SMS, Clear Creek Storage
Company, LLC, craig.hoeferlin@spireenergy.com
1 Clear Creek Storage Company, LLC was acquired by Spire Storage West, LLC in 2018.



Mr. Randy Wilson, Director, Pipeline and System Integrity, Clear Creek Storage
Company, LLC, randy.wilson@spireenergy.com
CONFIRMATION OF 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 )
Clear Creek Storage Company, LLC, ) CPF No. 5-2023-048-NOPV
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
From September 26 through 30, 2022, pursuant to 49 U.S.C. § 60117, representatives 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 Clear
Creek Storage Company, LLC’s (Clear Creek or Respondent)2 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, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated November 2, 2023, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Clear Creek had committed three violations of 49 C.F.R. Part 192, and proposed
ordering Respondent to take certain measures to correct the alleged violations. The Notice also
included a warning item pursuant to 49 C.F.R. § 190.205, which warned the operator to correct
the probable violation or face possible future enforcement action.
After requesting and receiving an extension of time to respond, Respondent responded on
February 2, 2024 (Response).3 Respondent did not request a hearing and therefore has waived
its right to one.
FINDINGS OF VIOLATION
The Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:
2 Clear Creek was acquired by Spire Storage West, LLC in 2018.
3 Letter from Randy Wilson, Dir. Pipeline & Sys. Integrity, Clear Creek Storage Co., LLC, to Dustin Hubbard, Dir.
Western Region, PHMSA, RE: CPF 5-2023-048-NOPV (Feb. 2, 2024) (on file with PHMSA) [hereinafter
Response].



Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(3), which states:
§ 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) ….
(3) Test and verify an internal communication plan to provide adequate
means for manual operation of the pipeline safely, at least once each
calendar year, but at intervals not to exceed 15 months;
The Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(3) by failing to test and
verify its internal communications plan at least once each calendar year, but at intervals not to
exceed 15 months, to provide adequate means for manual operation of the pipeline safely.
Specifically, the Notice alleged that, during the inspection, Clear Creek could not provide
documentation demonstrating it had tested and verified its internal communications plan for the
years 2019, 2020, and 2021.
In its Response, Respondent did not contest the allegation of violation. Accordingly, after
considering all of the evidence, I find that Respondent violated 49 C.F.R. § 192.631(c)(3) by
failing to test and verify its internal communications plan at least once each calendar year, but at
intervals not to exceed 15 months, to provide adequate means for manual operation of the
pipeline safely.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(4), which states:
§ 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) ….
(4) Test any backup SCADA systems at least once each calendar year,
but at intervals not to exceed 15 months;
The Notice alleged that Respondent violated 49 C.F.R. § 192.631(c)(4) by failing to complete the
required test of any backup supervisory control and data acquisition (SCADA) systems at least
once each calendar year, but at intervals not to exceed 15 months. Specifically, the Notice
alleged that Clear Creek could not provide any documentation demonstrating it had tested the
backup SCADA system, which is collocated with the primary server, at least once each calendar
year, but at intervals not to exceed 15 months for the years 2019, 2020, and 2021.
Respondent contested this allegation of violation. In its Response, Respondent stated that it



“does not currently have a back-up control room for Clear Creek Storage.”4 Respondent did
state that after receiving the Notice that it has included the required test of any backup SCADA
systems in its updated Control Room Management (CRM) Plan, and, once its new control room
at Clear Creek is operational (anticipated in November 2024), it will update its CRM Plan “to
reflect this operational setup upon completion.”5
After reviewing the evidence, I find that Respondent does have a backup SCADA system. Part
192 defines the term “SCADA system” to mean “a computer-based system or systems used by a
controller in a control room that collects and displays information about a pipeline facility and
may have the ability to send commands back to the pipeline facility.”6 While Part 192 does not
define the term “backup SCADA system,” PHMSA’s CRM FAQs discuss backup SCADA
systems as “independent or redundant systems that provide similar functionality to the primary
SCADA system.”7 During PHMSA’s inspection of the Clear Creek control room, Respondent’s
staff described its SCADA system as having a two-server architecture that auto switches between
the two servers. The second server is a backup SCADA system because it includes all redundant
devices and software used to control the pipeline system and facilities. Respondent did not
demonstrate in its Response that it did not have a backup SCADA system, and thus failed to
establish that 49 C.F.R. § 192.631(c)(4) did not apply.
Accordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.
§ 192.631(c)(4) by failing to complete the required test of any backup SCADA systems at least
once each calendar year, but at intervals not to exceed 15 months.
Item 4: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(e), which states:
§ 192.631 Control room management.
(a) ….
(e) Alarm management. Each operator using a SCADA system must
have a written alarm management plan to provide for effective controller
response to alarms.
The Notice alleged that Respondent violated 49 C.F.R. §192.631(e) by failing to develop a
written alarm management plan as required. Specifically, the Notice alleged that PHMSA’s
review of the Clear Creek CRM Plan demonstrated that the manual did not contain a written
alarm management plan.
In its Response, Clear Creek did not contest the allegation of violation. Accordingly, after
considering all of the evidence, I find that Respondent violated 49 C.F.R. § 192.631(e) by failing
4 Response, at 3.
5 Id.
6 49 C.F.R. § 192.3.
7 PHMSA CRM FAQ C.08. Examples of backup SCADA systems described in FAQ C.08 include redundant
servers, and entire backup control rooms with duplicate SCADA and communication systems. FAQ C.08 also
explains that backup SCADA systems do not have to duplicate the performance and functionality of the primary
system in order to be considered a backup system.



to develop a written alarm management plan as required.
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 2, 3, and 4 in the Notice for
violations of 49 C.F.R. §§ 192.631(c)(3), (c)(4), and (e), respectively. Under 49 U.S.C.
§ 60118(a), each person who engages in the transportation of natural gas or who owns or
operates a pipeline facility is required to comply with the applicable safety standards established
under chapter 601. The Director has indicated that Respondent has taken the following actions to
address some of the cited violations:
With regard to the violation of § 192.631(e) (Item 4), Respondent did not contest the proposed
compliance order. Respondent provided Western Region with an amended CRM Plan (Revised
January 22, 2024, Version 1.1), per the terms of the proposed compliance order. Western Region
reviewed the documentation provided and determined that Respondent has adequately revised its
procedures.
Accordingly, I find that compliance has been achieved with respect to this violation. Therefore,
the compliance terms proposed in the Notice for Item 4 are not included in this Order.
As for the remaining compliance terms, pursuant to the authority of 49 U.S.C. § 60118(b) and 49
C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance with
the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 192.631(c)(3) (Item 2), Respondent must develop
and test an internal communications plan to manually operate the pipeline during a
SCADA failure or outage. Respondent must also submit the internal communication
plan and test documentation to PHMSA within 60 days of receipt of the Final Order.
2. With respect to the violation of § 192.631(c)(4) (Item 3), Respondent must develop
a procedure to test any backup SCADA systems. Additionally, Respondent must
conduct tests of all backup SCADA systems and submit the procedure and test
documentation to PHMSA within 60 days of receipt of the Final Order.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
PHMSA requests that Respondent maintain documentation of the safety improvement costs
associated with fulfilling this Compliance Order and submit the total to the Director. It is requested
that these costs be reported in two categories: (1) total cost associated with preparation/revision of
plans, procedures, studies and analyses; and (2) total cost associated with replacements, additions
and other changes to pipeline infrastructure.



Failure to comply with this Order may result in the administrative assessment of civil penalties not
to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223 for adjusted amounts), for
each violation for each day the violation continues or in referral to the Attorney General for
appropriate relief in a district court of the United States.
WARNING ITEM
With respect to Item 1, the Notice alleged probable violation of Part 191, but identified it as a
warning item pursuant to § 190.205. The warning was for:
49 C.F.R. § 191.22(c)(1) (Item 1) ─ Respondent’s alleged failure to notify
PHMSA not later than 60 days before the start of construction of the Clear Creek
Storage Company Expansion Project, as required. Specifically, the Notice alleged
that during the inspection, the PHMSA inspector observed various construction
activities at the Clear Creek Storage plant site, including moving dirt and welding.
However Clear Creek did not file the National Registry Notification, until
December 9, 20228 which was 78 days after the observed commencement of
construction activities, and at least 138 days after the time § 191.22(c)(1) requires.
Respondent did not contest this warning item, but did provide the following comment, “For the
noted construction project, [Clear Creek] had not considered the preparatory dirt work in the area
as basis of the physical well and pipeline project. For any future construction notifications,
[Clear Creek] will include the project preparatory work as a basis for the notification date.”9
If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject
to future enforcement action.
Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final
Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey
Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of
Chief Counsel, PHMSA, at the same address. The written petition must be received no later than
20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a
statement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of
the order, including corrective action, remain in effect unless the Associate Administrator, upon
request, grants a stay.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
September 20, 2024
___________________________________ ______________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
8 See National Registry Notification.
9 Response, at 2.

52023048NOPV_Closure Letter_11122025_(22-239215)_text.pdf

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
12300 W. Dakota Ave., Suite 340
Lakewood, CO 80228
VIA ELECTRONIC MAIL TO: scott.smith@spireenergy.com
November 12, 2025
Mr. Scott Smith
President - Spire Storage West, LLC
Clear Creek Storage Company, LLC
3773 Richmond Ave., Suite 300
Houston, Texas 77046
CPF 5-2023-048-NOPV
Closure Letter
Dear Mr. Smith:
On September 20, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Clear Creek Storage Company, LLC (Clear Creek) a Final Order in the above-
referenced case. This Order included a Compliance Order. On November 19, 2024, Clear Creek
provided an initial response to the Compliance Order. On December 5, 2024, Clear Creek
requested by letter an extension to January 31, 2025 to complete the compliance terms. On
January 31, 2025, Clear Creek requested an additional extension to February 28, 2025. On
February 28, 2025, PHMSA received a letter from Clear Creek regarding the remaining terms of
the Compliance Order. Based on our review of the documentation Clear Creek provided in the
November 19, 2024 and February 28, 2025 letters, it has been determined that Clear Creek has
complied with the terms of the September 20, 2024 Final Order.
Regarding Item 1, the Compliance Order required Clear Creek to develop and test an internal
communications plan to manually operate the pipeline during a SCADA failure or outage. Based
on the records Clear Creek submitted, Item 1 has been completed.
Regarding Item 2, the Compliance Order required Clear Creek to develop a procedure to test any
backup SCADA systems and then perform said test(s). According to the records submitted,
Clear Creek indicated in its response that as part of its expansion project, the company has built a
new control room with a new SCADA system. Clear Creek’s response included an amended



procedure but stated that it no longer has any backup SCADA systems. Accordingly, Item 2 has
been completed.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
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
2
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