# WBI ENERGY TRANSMISSION, INC. — Notice of Amendment

- **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:** Not available
- **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.

Official case documents:

12021054NOA_Closure Letter_11032021_(20-187749).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Closure%20Letter_11032021_(20-187749).pdf

12021054NOA_Closure Letter_11032021_(20-187749)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Closure%20Letter_11032021_(20-187749)_text.pdf

12021054NOA_Notice of Amendment_10072021_(20-187749).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021054NOA/12021054NOA_Notice%20of%20Amendment_10072021_(20-187749).pdf

12021054NOA_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

12021054NOA_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

12021054NOA_Notice of Amendment_10072021_(20-187749)_text.pdf

NOTICE OF AMENDMENT
OVERNIGHT EXPRESS DELIVERY
October 7, 2021
Mr. Jeff Rust
VP of Operations
WBI Energy Transmission, Inc.
PO BOX 131
Glendive, MT 59330
CPF 1-2021-054-NOA
Dear Mr. Rust:
From December 15, 2020 to December 16, 2020, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code
inspected WBI Energy Transmission, Inc.’s (WBI) procedures for conducting operations,
maintenance, and emergency preparedness and responses activities.
On the basis of the inspection, PHMSA has identified apparent inadequacies found within WBI’s
plans or procedures, as described below:
1. § 192.12 Underground natural gas storage facilities.
Underground natural gas storage facilities (UNGSFs), as defined in
§ 192.3, are not subject to any requirements of this part aside from this
section.
(a) …
(c) Procedural manuals. Each operator of a UNGSF must prepare
and follow for each facility one or more manuals of written procedures
for conducting operations, maintenance, and emergency preparedness
and response activities under paragraphs (a) and (b) of this section.
Each operator must keep records necessary to administer such
procedures and review and update these manuals at intervals not
exceeding 15 months, but at least once each calendar year. Each
operator must keep the appropriate parts of these manuals accessible
at locations where UNGSF work is being performed. Each operator
must have written procedures in place before commencing operations
or beginning an activity not yet implemented.



CPF 1-2021-054-NOA
WBI’s manual of written procedures for conducting operations, maintenance, and emergency
preparedness and responses activities under § 192.12(b)1 is inadequate to assure safe operation of
a pipeline facility because it failed to include certain reporting requirements under 49 C.F.R. Part
191. Specifically, WBI’s written procedure lacked the requirement to submit a supplementary
report after an incident report is filed, as needed pursuant to § 191.15(d).2
Thus, WBI's written procedures required by § 192.12(c) were inadequate. WBI must revise its
manual to include a procedure requiring submission of a supplemental report, when warranted,
after submittal of DOT Form PHMSA F7100.2, in accordance with § 191.15(d).
2. § 192.12 Underground natural gas storage facilities.
Underground natural gas storage facilities (UNGSFs), as defined in
§ 192.3, are not subject to any requirements of this part aside from this
section.
(a) …
(c) Procedural manuals. Each operator of a UNGSF must prepare
and follow for each facility one or more manuals of written procedures
for conducting operations, maintenance, and emergency preparedness
and response activities under paragraphs (a) and (b) of this section.
Each operator must keep records necessary to administer such
procedures and review and update these manuals at intervals not
exceeding 15 months, but at least once each calendar year. Each
operator must keep the appropriate parts of these manuals accessible
at locations where UNGSF work is being performed. Each operator
must have written procedures in place before commencing operations
or beginning an activity not yet implemented.
WBI’s written procedure for conducting operations, maintenance, and emergency preparedness
and responses activities under § 192.12(b) was inadequate to assure safe operation of a pipeline
facility because it failed to include certain record retention requirements. Specifically, WBI's
Underground Natural Gas Storage Integrity Management Plan and Procedures, Section 3.95
1 § 192.12 Underground natural gas storage facilities.
(a) …
(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.
(1) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer reservoir for natural gas storage and was
constructed after July 18, 2017, must meet all provisions of API RP 1171 (incorporated by reference, see § 192.7),
and paragraphs (c) and (d) of this section, prior to commencing operations.
(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer reservoir for natural gas storage and was
constructed on or before July 18, 2017, must meet the provisions of API RP 1171 (incorporated by reference, see §
192.7), sections 8, 9, 10, and 11, and paragraph (c) of this section, by January 18, 2018, and must meet all provisions
of paragraph (d) of this section by March 13, 2021.
2 Section 191.15, “Transmission systems; gathering systems; liquefied natural gas facilities; and underground natural
gas storage facilities: Incident report,” states in relevant part:
(d) Supplemental report. Where additional related information is obtained after an operator submits a report
under paragraph (a), (b), or (c) of this section, the operator must make a supplemental report as soon as
practicable, with a clear reference by date to the original report.
12021054NOA_Notice of Amendment_10072021_(20-187749)_text Page 2 of 4



CPF 1-2021-054-NOA
Record Retention, revised July 31, 2020, included a record retention requirement that was
inconsistent with the requirements of API RP 1171, Section 6.11.1 Well Work Records.
Section 6.11.1 states in relevant part that “[r]ecords of well completion (as-built), well construction
and well work activities shall be maintained for the life of the facility.” (emphasis added). Section
3.95 of WBI’s procedures, however, required that “the well file be kept for the life of the well.”
(emphasis added.)
Therefore, WBI's written procedures required by § 192.12(c) were inadequate. WBI must revise
its written procedures to ensure it is consistent with the requirements of Section 6.11.1.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement
Proceedings.
Please refer to this document and note the response options. Be advised that all material you
submit in response to this enforcement action is subject to being made publicly available. If you
believe that any portion of your responsive material qualifies for confidential treatment under 5
U.S.C. § 552(b), along with the complete original document you must provide a second copy of
the document with the portions you believe qualify for confidential treatment redacted and an
explanation of why you believe the redacted information qualifies for confidential treatment under
5 U.S.C. § 552(b).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of
receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice
and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice
without further notice to you and to issue an Order Directing Amendment. If your plans or
procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans
or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this
Notice, we propose that you submit your amended procedures to my office within 30 days of
receipt of this Notice. This period may be extended by written request for good cause. Once the
inadequacies identified herein have been addressed in your amended procedures, this enforcement
action will be closed.
It is requested (not mandated) that WBI Energy Transmission, Inc. maintain documentation of the
safety improvement costs associated with fulfilling this Notice of Amendment
(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,
Eastern Region, Pipeline and Hazardous Materials Safety Administration, 840 Bear Tavern Road,
Suite 300, West Trenton, NJ 08628. In correspondence concerning this matter, please refer to CPF
1-2021-054-NOA and, for each document you submit, please provide a copy in electronic format
whenever possible. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should
be sent on USB flash drive accompanied by the original paper copy to the Eastern Region Office.
Sincerely,
12021054NOA_Notice of Amendment_10072021_(20-187749)_text Page 3 of 4



CPF 1-2021-054-NOA
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings
12021054NOA_Notice of Amendment_10072021_(20-187749)_text Page 4 of 4

12021054NOA_Closure Letter_11032021_(20-187749)_text.pdf

VIA ELECTRONIC MAIL TO: Jeff.Rust@WBIEnergy.com
November 3, 2021
Mr. Jeff Rust
VP of Operations
WBI Energy Transmission, Inc.
PO BOX 131
Glendive, MT 59330
CPF 1-2021-054-NOA
Dear Mr. Rust:
From December 15, 2020 to December 16, 2020, representative from the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,
conducted an on-site pipeline safety inspection of WBI Energy Transmission, Inc.’s (WBI)
procedures for conducting operations, maintenance, and emergency preparedness and responses
activities. As a result of the inspection, WBI was issued a Notice of Amendment on October 7,
2021, which proposed amendment of your procedures.
WBI submitted its amended procedures on November 1, 2021. My staff reviewed the amended
procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been
corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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