{"operation":"document","citation":"CPF 12021054NOA","title":"WBI ENERGY TRANSMISSION, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-10-07","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12, 192.12(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021054noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021054noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021054noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021054NOA","body":"Notice of Amendment involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.12,  192.12(c). The case was opened on 2021-10-07 and is reported as closed as of 2021-11-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021054NOA_Closure Letter_11032021_(20-187749).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Closure%20Letter_11032021_(20-187749).pdf\n\n12021054NOA_Closure Letter_11032021_(20-187749)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Closure%20Letter_11032021_(20-187749)_text.pdf\n\n12021054NOA_Notice of Amendment_10072021_(20-187749).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Notice%20of%20Amendment_10072021_(20-187749).pdf\n\n12021054NOA_Notice of Amendment_10072021_(20-187749)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Notice%20of%20Amendment_10072021_(20-187749)_text.pdf\n\n12021054NOA_Operator Response to Notice_11012021_(20-187749).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Operator%20Response%20to%20Notice_11012021_(20-187749).pdf\n\n12021054NOA_Notice of Amendment_10072021_(20-187749)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nOctober 7, 2021\nMr. Jeff Rust\nVP of Operations\nWBI Energy Transmission, Inc.\nPO BOX 131\nGlendive, MT 59330\nCPF 1-2021-054-NOA\nDear Mr. Rust:\nFrom December 15, 2020 to December 16, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected WBI Energy Transmission, Inc.’s (WBI) procedures for conducting operations,\nmaintenance, and emergency preparedness and responses activities.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within WBI’s\nplans or procedures, as described below:\n1. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined in\n§ 192.3, are not subject to any requirements of this part aside from this\nsection.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\n\n\n\nCPF 1-2021-054-NOA\nWBI’s manual of written procedures for conducting operations, maintenance, and emergency\npreparedness and responses activities under § 192.12(b)1 is inadequate to assure safe operation of\na pipeline facility because it failed to include certain reporting requirements under 49 C.F.R. Part\n191. Specifically, WBI’s written procedure lacked the requirement to submit a supplementary\nreport after an incident report is filed, as needed pursuant to § 191.15(d).2\nThus, WBI's written procedures required by § 192.12(c) were inadequate. WBI must revise its\nmanual to include a procedure requiring submission of a supplemental report, when warranted,\nafter submittal of DOT Form PHMSA F7100.2, in accordance with § 191.15(d).\n2. § 192.12 Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined in\n§ 192.3, are not subject to any requirements of this part aside from this\nsection.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\nWBI’s written procedure for conducting operations, maintenance, and emergency preparedness\nand responses activities under § 192.12(b) was inadequate to assure safe operation of a pipeline\nfacility because it failed to include certain record retention requirements. Specifically, WBI's\nUnderground Natural Gas Storage Integrity Management Plan and Procedures, Section 3.95\n1 § 192.12 Underground natural gas storage facilities.\n(a) …\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer reservoir for natural gas storage and was\nconstructed after July 18, 2017, must meet all provisions of API RP 1171 (incorporated by reference, see § 192.7),\nand paragraphs (c) and (d) of this section, prior to commencing operations.\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer reservoir for natural gas storage and was\nconstructed on or before July 18, 2017, must meet the provisions of API RP 1171 (incorporated by reference, see §\n192.7), sections 8, 9, 10, and 11, and paragraph (c) of this section, by January 18, 2018, and must meet all provisions\nof paragraph (d) of this section by March 13, 2021.\n2 Section 191.15, “Transmission systems; gathering systems; liquefied natural gas facilities; and underground natural\ngas storage facilities: Incident report,” states in relevant part:\n(d) Supplemental report. Where additional related information is obtained after an operator submits a report\nunder paragraph (a), (b), or (c) of this section, the operator must make a supplemental report as soon as\npracticable, with a clear reference by date to the original report.\n12021054NOA_Notice of Amendment_10072021_(20-187749)_text Page 2 of 4\n\n\n\nCPF 1-2021-054-NOA\nRecord Retention, revised July 31, 2020, included a record retention requirement that was\ninconsistent with the requirements of API RP 1171, Section 6.11.1 Well Work Records.\nSection 6.11.1 states in relevant part that “[r]ecords of well completion (as-built), well construction\nand well work activities shall be maintained for the life of the facility.” (emphasis added). Section\n3.95 of WBI’s procedures, however, required that “the well file be kept for the life of the well.”\n(emphasis added.)\nTherefore, WBI's written procedures required by § 192.12(c) were inadequate. WBI must revise\nits written procedures to ensure it is consistent with the requirements of Section 6.11.1.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that WBI Energy Transmission, Inc. maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nEastern Region, Pipeline and Hazardous Materials Safety Administration, 840 Bear Tavern Road,\nSuite 300, West Trenton, NJ 08628. In correspondence concerning this matter, please refer to CPF\n1-2021-054-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should\nbe sent on USB flash drive accompanied by the original paper copy to the Eastern Region Office.\nSincerely,\n12021054NOA_Notice of Amendment_10072021_(20-187749)_text Page 3 of 4\n\n\n\nCPF 1-2021-054-NOA\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12021054NOA_Notice of Amendment_10072021_(20-187749)_text Page 4 of 4\n\n12021054NOA_Closure Letter_11032021_(20-187749)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Jeff.Rust@WBIEnergy.com\nNovember 3, 2021\nMr. Jeff Rust\nVP of Operations\nWBI Energy Transmission, Inc.\nPO BOX 131\nGlendive, MT 59330\nCPF 1-2021-054-NOA\nDear Mr. Rust:\nFrom December 15, 2020 to December 16, 2020, representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of WBI Energy Transmission, Inc.’s (WBI)\nprocedures for conducting operations, maintenance, and emergency preparedness and responses\nactivities. As a result of the inspection, WBI was issued a Notice of Amendment on October 7,\n2021, which proposed amendment of your procedures.\nWBI submitted its amended procedures on November 1, 2021. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":11069}