4 Colo. Code Regs. § 723-11-11506

Current through Register Vol. 47, No. 17, September 10, 2024

Section 4 CCR 723-11-11506 - Notice of Amendment (NOA)

(a) If an inspection, audit, or investigation reveals that an operator's plans or procedures required by these rules are inadequate to ensure the safe operation of a pipeline or LNG facility, the PSP Chief may issue a NOA.

(b) The NOA shall be filed in a new proceeding and shall serve as notice from the Commission of the alleged inadequacies and to facilitate and expedite plan or procedure revision and implementation so that public safety is not compromised. The NOA shall:

(I) specify the alleged inadequacies and the proposed action(s) for revision of the plans and procedures;

(II) specify a proposed timeline for revised plan/procedure implementation based on the impact to public safety; and

(III) provide an opportunity for response.

(c) Within 30 days after receipt of a NOA issued pursuant to the rule, unless a longer period is otherwise specified in the NOA or a different time period is agreed to mutually, an operator shall file in the proceeding its response with one of the following options.

(I) The operator may admit the NOA through the following filings and actions:

(A) the operator shall pay any proposed final civil penalty in full; and

(B) the operator shall agree to any proposed compliance directive.

(II) The operator may request the Commission consider an offer in compromise to the NOA through the following filings and actions:

(A) the operator may request reconsideration and reissuance of the initial NOA through submittal of a written explanation, information, or other material in response to the allegations contained in the NOA; in objection to the proposed compliance directive; or in mitigation of the proposed final civil penalty; or

(B) the operator and the PSP Chief may jointly file a stipulation and settlement agreement pursuant to rule 11507, resolving the allegations in the NOA for the Commission's consideration.

(III) The operator may oppose the NOA, or any part thereof. The operator shall file its response opposing the allegations in the NOA in the proceeding and provide all relevant information it finds addresses the issues raised. If an operator opposes any alleged violation in the NOA, the matter shall be set for hearing.

(d) If the operator fails to respond as provided in this rule within 30 days of the NOA, the NOA shall be deemed opposed by the operator and shall be set for hearing as prescribed by subparagraph (c)(III) above.

4 CCR 723-11-11506

44 CR 04, February 25, 2021, effective 3/17/2021