4 Colo. Code Regs. § 723-11-11013
Current through Register Vol. 47, No. 17, September 10, 2024
Section 4 CCR 723-11-11013 - Inspections and Investigations(a) Upon presenting appropriate credentials, a representative of the PSP may enter upon, inspect, and examine, at reasonable times, and in a reasonable manner, the records, facilities, and properties of pipeline operators to the extent such records, facilities, and properties are relevant to determining the compliance of such operators with the requirements of these rules or Commission orders.(b) Verifiable credentials for personnel engaged in pipeline construction, inspection, and repair activities are required to be provided on site at the time that the activities are taking place. Operator qualifications for the same personnel may be provided at a different time and location by request if they cannot be provided on site, such as an office phone number and point of contact.(c) Prior to an inspection or investigation, the PSP Chief or assignee shall notify an operator. Except in emergency situations, the operator shall have an opportunity to respond to the notification prior to the initiation of an inspection or investigation relating to any jurisdictional pipeline facility, including the operator's right of way or easement, new and existing piping, valves, and other above ground appurtenances attached to pipes, or, upon request of PHMSA, an interstate pipeline to determine compliance with 49 U.S.C. §§ 60101 et. seq., with these rules, and with applicable Commission orders.(d) Inspections and investigations are necessitated by the existence of one or more of the following circumstances: (I) routine scheduling by the PSP Chief, PSP Lead Engineer, or other designee;(II) pipeline-related incidents and events reported to the PSP in accordance with rules 11101 through 11103;(III) a complaint received from a member of the public and verified by the PSP Chief or Lead Engineer as related to a jurisdictional pipeline facility and involving a discrete and auditable matter potentially impacting public safety;(IV) information obtained from a previous inspection; or(V) when deemed appropriate by the Commission or PHMSA under their respective authorities.(e) After an inspection, the PSP Chief will pursue one of the following: (I) an inspection close-out indicating that no further action will be taken on final inspection findings;(II) a RFI indicating that the inspection is ongoing without final inspection findings, to be answered within the timeframe requested in the RFI, typically 30 calendar days from the operator's receipt of the RFI unless otherwise indicated and agreed to by the PSP Chief and the operator; or(III) a compliance action taken on final inspection findings as described in rules 11502 and 11503.(f) If a representative of the PSP investigates an incident involving a pipeline facility, the PSP Chief of the Commission may request that the operator make available to the representative all records and information that directly or indirectly pertain to the incident, including integrity management plans and test results, and that the operator afford all reasonable assistance in the investigation.(g) To the extent necessary to carry out the responsibilities of the Program Certification Obligations, the PSP may require testing of portions of pipeline facilities that have been involved in, or affected by, an incident. However, before exercising this authority and accepting responsibility, the PSP shall make every effort to negotiate a mutually acceptable plan with the owner of those facilities and, where appropriate, other local and state fire and safety authorities, PHMSA, the NTSB, and any known third parties for performing the testing.44 CR 04, February 25, 2021, effective 3/17/202147 CR 09, May 10, 2024, effective 5/30/2024