NTSB Safety Recommendation P-87-027

NTSB safety recommendation P-87-027.

THE NTSB RECOMMENDS THAT THE OFFICE OF PIPELINE SAFETY: REVISE ITS POLICY ON THE RELEASE OF INFORMATION CONCERNING ONGOING ENFORCEMENT CASES TO KEEP THE PUBLIC AWARE OF THE OFFICE OF PIPELINE SAFETY ACTIONS BEING TAKEN DURING ENFORCEMENT PROCEEDINGS.

Priority: CLASS II

Overall Status: Closed - Unacceptable Action

Issued Date: 1987-09-09

Adopted Date: 1987-07-20

Overall Date Closed: 1993-03-08

Synopsis: ABOUT 4:20 A.M. ON JULY 8, 1986, LINE 2N, AN 8-INCH PRODUCTS PIPELINE OPERATED BY WILLIAMS PIPE LINE COMPANY (WPL) AT MOUNDS VIEW, MINNESOTA, RUPTURED. UNLEADED GASOLINE UNDER 1,434 PSIG SPEWED FROM A 7 1/2-FOOT-LONG OPENING ALONG THE LONGITUDINAL SEAM OF THE PIPE. VAPORIZED GASOLINE COMBINED WITH AIR AND LIQUID GASOLINE FLOWED ALONG NEIGHBORHOOD STREETS. ABOUT 20 MINUTES LATER, THE GASOLINE VAPOR WAS IGNITED WHEN AN AUTOMOBILE ENTERED THE AREA. FOLLOWING AN EXPLOSION-LIKE NOISE, FIRE SPREAD RAPIDLY ALONG THE PATH OF THE LIQUID GASOLINE. TWO PERSONS WERE BURNED SEVERELY AND LATER DIED, AND ONE PERSON SUFFERED SERIOUS BURNS. THERE WAS SUBSTANTIAL PROPERTY DAMAGE AND SOIL AND WATER POLLU TION.

Ntsbnumber: DCA86AP014

Report Number: PAR-87-02

Addressee Name: RSPA

Addressee Status: Closed - Unacceptable Action

Addressee Date Closed: 1993-03-08

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 1993-03-08

Communication Type: Official Correspondence

Communication Contents: THE BOARD BELIEVES THAT THE RSPA SHOULD BE ACCOUNTABLE FOR ITS ACTIONS & PERSONS AT RISK SHOULD BE AWARE OF SUCH DURING ENFORCEMENT PROCEDURES. SINCE NO FURTHER ACTION IS PLANNED, RECOMMENDATION P-87-27 WILL REMAIN "CLOSED--UNACCEPTABLE ACTION."

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 1990-12-10

Communication Type: Official Correspondence

Communication Contents: RSPA HAS AGAIN REVIEWED ITS ENFORCEMENT POLICY AND PRACTICES WHICH LIMIT RELEASE OF INFORMATION ON ENFORCEMENT CASES AND RESTRICT PARTICIPATION IN INFORMAL PROCEEDINGS DURING THE PENDENCY OF ENFORCEMENT PROCEEDINGS. AS A RESULT OF THE REVIEW, WE CAN SEE NO NEW JUSTIFICATION FOR REVISING OUR POLICY AND PRACTICES.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 1988-05-09

Communication Type: Official Correspondence

Communication Contents: DURING THE LAST TWO YEARS, RSPA HAS UNDERTAKEN A THOROUGH REVIEW OF ITS ENFORCEMENT POLICIES AND PRACTICES. IT HAS BEEN RSPA POLICY TO RESTRICT PARTICIPATION IN INFORMAL PROCEEDINGS DURING THE PENDENCY OF THE CASE. FULL DISCLOSURE TO THE PUBLIC OF DOCUMENTS AND OTHER RELEVANT INFORMATION IS PROVIDED AT THE CONCLUSION OF THE CASE. THIS POLICY SERVES THE PUBLIC INTEREST. FIRST, IF THIS CONFIDENTIALITY OF PENDING PROCEEDINGS WERE NOT PRESERVED, THE CRITICAL SAFETY ELEMENT OF FRANK AND PRODUCTIVE DEALINGS BETWEEN THE RESPONDENT AND THE DOT WOULD BE SEVERELY RESTRICTED. SECOND, IT ACCORDS THE ALLEGED VIOLATOR THE DUE PROCESS PROTECTION OF THE CONFIDENTIALITY OF THE PROCEEDINGS WHICH ARE BEING HELD TO DETERMINE WHETHER IN FACT THE OPERATOR COMMITTED VIOLATIONS FOR WHICH SANCTIONS CAN BE IMPOSED. TO ABRIDGE THIS CONFIDENTIALITY WOULD BE FUNDAMENTALLY UNFAIR TO THE RESPONDENT. THIS POLICY RECOGNIZES THE IMPORTANT FACT THAT CONGRESS HAS CHARGED THE DOT TO REPRESENT AND PROTECT THE PUBLIC INTEREST IN ALL ENFORCEMENT MATTERS UNDER FEDERAL JURISDICTION. CERTAINLY, THE WILLIAMS CASE PROVIDES AN EXAMPLE OF THE EFFECTIVENESS OF THE RSPA ENFORCEMENT PHILOSOPHY. THESE POLICIES ARE FULLY CONSISTENT WITH BOTH CIVIL AND CRIMINAL LEGAL PRECEPTS GENERALLY (E.G., SETTLEMENT NEGOTIATIONS). RSPA STATES THAT ITS REVIEW OF ENFORCEMENT POLICIES AND PRACTICES DEMONSTRATES THAT THE EFFECTIVENESS OF OUR INFORMAL ENFORCEMENT PROCESS AND DUE PROCESS ARE BEST SERVED BY KEEPING THAT PROCESS CONFIDENTIAL, AND THAT THE RSPA POLICY AND PROCEEDINGS ASSURE THE PROPER REPRESENTATION OF THE PUBLIC INTEREST.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 1988-10-12

Communication Type: Official Correspondence

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 1991-06-05

Communication Type: Official Correspondence

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 1992-04-09

Communication Type: Official Correspondence