# SPIRE STORAGE WEST LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 52024023NOPV
- **title:** SPIRE STORAGE WEST LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2024-08-23
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.465(a), 192.465(b)(1), 192.475(a), 192.477, 192.481(a), 192.619(a), 192.739(a).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/52024023NOPV
**body:**

Notice of Probable Violation involving SPIRE STORAGE WEST LLC. PHMSA's enforcement data identifies the cited regulations as 192.465(a),  192.465(b)(1),  192.475(a),  192.477,  192.481(a),  192.619(a),  192.739(a). The case was opened on 2024-08-23 and is reported as closed as of 2025-10-03. Proposed civil penalty: $87,200. Assessed civil penalty: $64,200. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

52024023NOPV_Final Order_09262025_(23-264166).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024023NOPV/52024023NOPV_Final%20Order_09262025_(23-264166).pdf

52024023NOPV_Final Order_09262025_(23-264166)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024023NOPV/52024023NOPV_Final%20Order_09262025_(23-264166)_text.pdf

52024023NOPV_Operator Response to Notice_09272024_(23-264166).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024023NOPV/52024023NOPV_Operator%20Response%20to%20Notice_09272024_(23-264166).pdf

52024023NOPV_PCP PCO_08232024_(23-264166).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024023NOPV/52024023NOPV_PCP%20PCO_08232024_(23-264166).pdf

52024023NOPV_PCP PCO_08232024_(23-264166)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024023NOPV/52024023NOPV_PCP%20PCO_08232024_(23-264166)_text.pdf

52024023NOPV_Final Order_09262025_(23-264166)_text.pdf

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
September 26, 2025
VIA ELECTRONIC MAIL TO: scott.smith@spireenergy.com
Scott Smith
President
Spire Storage West LLC
3773 Richmond Avenue, Suite 300
Houston, Texas 77046
Re: CPF No. 5-2024-023-NOPV
Dear Mr. Smith:
Enclosed please find the Final Order issued in the above-referenced case. It withdraws one of
the allegations of violation, makes other findings of violation, and assesses a reduced civil
penalty of $64,200. The penalty payment terms are set forth in the Final Order. This
enforcement action closes automatically upon receipt of payment. Service of the Final Order by
e-mail is effective upon the date of transmission and acknowledgement of receipt as provided
under 49 CFR § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Linda Daugherty
Acting Associate Administrator
for Pipeline Safety
Enclosure
cc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Randy Wilson, Director, Pipeline and System Integrity, Spire Storage West 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 )
Spire Storage West LLC, ) CPF No. 5-2024-023-NOPV
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
From August 15 through 16, 2023, 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 Spire Storage West
LLC (Spire or Respondent) in Evanston, Wyoming. Spire operates the Ryckman Gas System,
which includes about 18 miles of gas pipelines that connect the Clear Creek and Belle Butte
underground natural gas storage facilities.
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated August 23, 2024, a Notice of Probable Violation, Proposed Civil
Penalty, and Proposed Compliance Order (Notice). In accordance with 49 CFR § 190.207, the
Notice proposed finding that Spire had committed four violations of 49 CFR Part 192 and
proposed assessing a civil penalty of $87,200 for the alleged violations. The Notice also
included an additional three warning items pursuant to 49 CFR § 190.205, which warned
Respondent to correct the probable violations or face possible future enforcement action.
Spire responded to the Notice by letter dated September 27, 2024 (Response). Respondent
contested several of the allegations, offered additional information in response to the Notice, and
requested that the proposed civil penalty be reduced. Respondent did not request a hearing and
therefore has waived its right to one.
FINDINGS OF VIOLATION
The Notice alleged that Respondent violated 49 CFR Part 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 CFR § 192.465(a), which states:



CPF No. 5-2024-023-NOPV
Page 2
§ 192.465 External corrosion control: Monitoring and remediation.
(a) Each pipeline that is under cathodic protection must be tested at least
once each calendar year, but with intervals not exceeding 15 months, to
determine whether the cathodic protection meets the requirements of §
192.463. However, if tests at those intervals are impractical for separately
protected short sections of mains or transmission lines, not in excess of 100
feet (30 meters), or separately protected service lines, these pipelines may
be surveyed on a sampling basis. At least 10 percent of these protected
structures, distributed over the entire system must be surveyed each
calendar year, with a different 10 percent checked each subsequent year, so
that the entire system is tested in each 10-year period.
The Notice alleged that Respondent violated 49 CFR § 192.465(a) by failing to test its cathodic
protection at least once each calendar year, but with intervals not to exceed 15 months, to
determine whether the cathodic protection meets the requirements of 49 CFR § 192.463.
Specifically, the Notice alleged that while Spire provided historical records of the annual
cathodic protection survey, the 2021 and 2022 records failed to include applied current readings
or readings with a voltage drop.
Respondent did not contest Item 1.
Accordingly, I find that Respondent violated 49 CFR § 192.465(a) by failing to test its cathodic
protection at least once each calendar year, but with intervals not to exceed 15 months, to
determine whether the cathodic protection meets the requirements of 49 CFR § 192.463.
Item 2: The Notice alleged that Respondent violated 49 CFR § 192.465(b)(1), which states:
§ 192.465 External corrosion control: Monitoring and remediation.
(a) . . . .
(b) Cathodic protection rectifiers and impressed current power sources
must be periodically inspected as follows:
(1) Each cathodic protection rectifier or impressed current power source
must be inspected six times each calendar year, but with intervals not
exceeding 2 ½ months between inspections, to ensure adequate amperage
and voltage levels needed to provide cathodic protection are maintained.
This may be done either through remote measurement or through an onsite
inspection of the rectifier.
The Notice alleged that Respondent violated 49 CFR § 192.465(b)(1) by failing to inspect each
cathodic protection rectifier six times each calendar year, but with intervals not exceeding 2 ½
months between inspections, to ensure adequate amperage and voltage levels needed to provide
cathodic protection are maintained. Specifically, the Notice alleged that Spire exceeded the 2 ½
month interval eight times from 2021 through 2023.
Respondent did not contest Item 2.



CPF No. 5-2024-023-NOPV
Page 3
Accordingly, I find that Respondent violated 49 CFR § 192.465(b)(1) by failing to inspect each
cathodic protection rectifier six times each calendar year, but with intervals not exceeding 2 ½
months between inspections, to ensure adequate amperage and voltage levels needed to provide
cathodic protection are maintained.
Item 3: The Notice alleged that Respondent violated 49 CFR § 192.475(a), which states:
§ 192.475 Internal corrosion control: General.
(a) Corrosive gas may not be transported by pipeline, unless the
corrosive effect of the gas on the pipeline has been investigated and steps
have been taken to minimize internal corrosion.
The Notice alleged that Respondent violated 49 CFR § 192.475(a) by failing to take steps to
minimize internal corrosion when transporting corrosive gas by pipeline. Specifically, the
Notice alleged that Spire failed to provide records indicating that it implemented its program to
mitigate the corrosive effects of hydrogen sulfide on its pipelines.
Respondent contested Item 3 and argued that it is implementing its program to mitigate the
corrosive effects of hydrogen sulfide on its pipelines. Spire stated that it continuously injects
corrosion inhibitors to keep hydrogen sulfide levels below 4 parts per million (ppm) and
provided associated records documenting purchase and use of the corrosion inhibitors. Spire
also stated that its SCADA system monitors hydrogen sulfide levels and will alarm “well below
4 ppm.”
Section 192.475(a) permits an operator to transport corrosive gas only if the operator investigates
the corrosive effects of gas on the pipeline and takes steps to “minimize internal corrosion.”
Spire acknowledged that it transports corrosive gas by pipeline. As the Notice indicated, Spire
investigated the effects of corrosive gas when it hired a contractor to develop a hydrogen sulfide
removal program. Spire then provided records that it took steps to “minimize internal corrosion”
by following its hydrogen sulfide removal program, which requires continuous injection of
corrosion inhibitors and SCADA monitoring of hydrogen sulfide levels.
Based upon the foregoing, I hereby order that Item 3 be withdrawn.
Item 5: The Notice alleged that Respondent violated 49 CFR § 192.481(a), which states:
§ 192.481 Atmospheric corrosion control: Monitoring.
(a) Each operator must inspect and evaluate each pipeline or portion of
the pipeline that is exposed to the atmosphere for evidence of atmospheric
corrosion, as follows:
Pipeline type: (1) Onshore other
than a Service Line
Then the frequency of inspection is:
At least once every 3 calendar years, but
with intervals not exceeding 39 months.



CPF No. 5-2024-023-NOPV
Page 4
(2) Onshore
Service Line
At least once every 5 calendar years, but
with intervals not exceeding 63 months,
except as provided in paragraph (d) of this
section.
(3) Offshore At least once each calendar year, but with
intervals not exceeding 15 months
The Notice alleged that Respondent violated 49 CFR § 192.481(a) by failing to conduct
atmospheric corrosion inspections at least once every 3 calendar years, but with intervals not
exceeding 39 months. Specifically, the Notice alleged that Spire failed to provide atmospheric
corrosion inspection records for 2019, and the atmospheric corrosion inspection records for 2022
failed to include inspections of the aboveground pipes that connect the Belle Butte facility to the
regulated injection/withdraw well flanges.
Respondent contested Item 5, in part, and argued that its 2022 atmospheric corrosion inspection
records included inspections of the aboveground pipes that connect the Belle Butte facility to the
regulated injection/withdraw well flanges. Spire clarified that those pipelines are referred to the
“Dance Floor” or “DF” locations in its 2022 atmospheric corrosion inspection records. Spire
conceded that it was unable to locate the 2019 atmospheric corrosion inspection records.
I find that Spire did not violate section 192.481(a) in 2022 after it clarified that the 2022
atmospheric corrosion inspection records included inspections of the aboveground pipes that
connect the Belle Butte facility to the regulated injection/withdraw well flanges. However, I find
that Spire violated section 192.481(a) in 2019, as it failed to provide the 2019 atmospheric
corrosion inspection records.
Accordingly, after considering all of the evidence, I find that Respondent violated 49 CFR
§ 192.481(a) by failing to conduct atmospheric corrosion inspections at least once every 3
calendar years, but with intervals not exceeding 39 months.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty exceeding
$200,000 per violation for each day of the violation, with a maximum administrative civil
penalty exceeding $2,000,000 for any related series of violations.1
In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 CFR § 190.225, I
1 These amounts are adjusted annually for inflation. See 49 CFR § 190.223 for adjusted amounts.



CPF No. 5-2024-023-NOPV
Page 5
must consider the following criteria: the nature, circumstances, and gravity of the violation,
including adverse impact on the environment; the degree of Respondent’s culpability; the history
of Respondent’s prior offenses; any effect that the penalty may have on its ability to continue
doing business; the good faith of Respondent in attempting to comply with the pipeline safety
regulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA.
In addition, I may consider the economic benefit gained from the violation without any reduction
because of subsequent damages, and such other matters as justice may require.
The Notice proposed a total civil penalty of $87,200 for the violations cited above. Effective
May 20, 2025, PHMSA revised its proposed civil penalty calculation policy to use the version of
the Civil Penalty Worksheet in effect when the alleged violation occurred. The new policy did
not change the proposed civil penalty in this case.
Item 1: The Notice proposed a civil penalty of $20,800 for Respondent’s violation of 49 CFR
§ 192.465(a), for failing to test its cathodic protection at least once each calendar year, but with
intervals not to exceed 15 months, to determine whether the cathodic protection meets the
requirements of 49 CFR § 192.463. The new policy for calculating a proposed civil penalty did
not change the proposed civil penalty for this item. Spire requested a reduction of the civil
penalty based on recent improvements to its field equipment and data collection processes for the
corrosion control activities. While I commend Spire’s improvement initiatives, such actions
cannot cure the inadequate records from 2021 and 2022. The Associate Administrator for
Pipeline Safety has held that actions taken after a PHMSA inspection to address noncompliance
do not justify reducing a proposed civil penalty.2 Accordingly, having reviewed the record and
considered the assessment criteria, I assess Respondent a civil penalty of $20,800 for violation of
49 CFR § 192.465(a).
Item 2: The Notice proposed a civil penalty of $23,000 for Respondent’s violation of 49 CFR
§ 192.465(b)(1), for failing to inspect each cathodic protection rectifier six times each calendar
year, but with intervals not exceeding 2 ½ months between inspections, to ensure adequate
amperage and voltage levels needed to provide cathodic protection are maintained. The new
policy for calculating a proposed civil penalty did not change the proposed civil penalty for this
item. Spire requested a reduction of the civil penalty based on recent improvements to its field
equipment and data collection processes for corrosion control activities. While I commend
Spire’s improvement initiatives, such actions cannot cure the inadequate records from 2021,
2022, and 2023. The Associate Administrator for Pipeline Safety has held that actions taken
after a PHMSA inspection to address noncompliance do not justify reducing a proposed civil
penalty.3 Accordingly, having reviewed the record and considered the assessment criteria, I
assess Respondent a civil penalty of $23,000 for violation of 49 CFR § 192.465(b)(1).
Item 3: The Notice proposed a civil penalty of $20,400 for Respondent’s alleged violation of 49
CFR § 192.475(a). Since this alleged violation has been withdrawn, the proposed penalty is not
assessed.
2 See, e.g., Algonquin Gas Transmission, LLC, Final Order, CPF No. 3-2022-061-NOPV, 2023 WL 3884045, at *4
(June 6, 2023), https://primis.phmsa.dot.gov/enforcement-data/case/32022061NOPV.
3 Id.



CPF No. 5-2024-023-NOPV
Page 6
Item 5: The Notice proposed a civil penalty of $23,000 for Respondent’s violation of 49 CFR
§ 192.481(a), for failing to conduct atmospheric corrosion inspections at least once every 3
calendar years, but with intervals not exceeding 39 months. The new policy for calculating a
proposed civil penalty did not change the proposed civil penalty for this item. As noted above, I
found that Spire’s 2022 atmospheric corrosion inspection records did not violate 49 CFR
§ 192.481(a). Accordingly, with respect to gravity, I reduce the instances of violation to “1” to
reflect the missing 2019 atmospheric corrosion inspection records. Based upon the foregoing, I
assess Respondent a reduced civil penalty of $20,400 for violation of 49 CFR § 192.481(a).
In summary, having reviewed the record and considered the assessment criteria for each of the
Items cited above, I assess Respondent a reduced civil penalty of $64,200.
Payment of the civil penalty must be made within 20 days after receipt of this Final Order.
Federal regulations (49 CFR § 89.21(b)(3)) require such payment to be made by wire transfer
through the Federal Reserve Communications System (Fedwire), to the account of the U.S.
Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire
transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation
Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City,
Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845.
Failure to pay the civil penalty will result in accrual of interest at the current annual rate in
accordance with 31 U.S.C. § 3717, 31 CFR § 901.9 and 49 CFR § 89.23. Pursuant to those same
authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not
made within 110 days of service. Furthermore, failure to pay the civil penalty may result in
referral of the matter to the Attorney General for appropriate action in a district court of the
United States.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 5 in the Notice for violations of 49
CFR § 192.481(a). 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. In a recommendation for final action submitted
pursuant to section 190.209(b)(7), the Director recommended withdrawing the compliance order
for Item 5.
Therefore, the compliance terms proposed in the Notice are not included in this Order.
WARNING ITEMS
With respect to Items 4, 6, and 7, the Notice alleged probable violations of Part 192, but
identified them as warning items pursuant to section 190.205. The warnings were for:



CPF No. 5-2024-023-NOPV
Page 7
49 CFR § 192.477 (Item 4) ─ Respondent’s alleged failure to check each coupon
or other means of monitoring internal corrosion two times each calendar year, but
with intervals not exceeding 7 ½ months;
49 CFR § 192.619(a) (Item 6) ─ Respondent’s alleged failure to operate its
pipeline below the maximum allowable operating pressure; and
49 CFR § 192.739(a) (Item 7) ─ Respondent’s alleged failure to inspect and test
each pressure relief device at intervals not exceeding 15 months, but at least once
each calendar year.
Spire presented information in its Response showing that it had taken certain actions to address
the cited items. If OPS finds a violation of any of these items in a subsequent inspection,
Respondent may be subject to future enforcement action.
Under 49 CFR § 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
brief statement of the issue(s) and meet all other requirements of 49 CFR § 190.243. The filing
of a petition automatically stays the payment of any civil penalty assessed. The other terms of
the order, including any corrective action, remain in effect unless the Associate Administrator,
upon request, grants a stay. If Respondent submits payment of the civil penalty, the Final Order
becomes the final administrative decision and the right to petition for reconsideration is waived.
The terms and conditions of this Final Order are effective upon service in accordance with 49
CFR § 190.5.
___________________________________ __________________________
Linda Daugherty Date Issued
Acting Associate Administrator
for Pipeline Safety
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