{"operation":"document","citation":"CPF 12022023NOPV","title":"WOLVERINE PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-31","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446(a), 195.446(c)(3), 195.446(e)(5), 195.446(h)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022023nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022023nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022023nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022023NOPV","body":"Notice of Probable Violation involving WOLVERINE PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(c)(3),  195.446(e)(5),  195.446(h)(5). The case was opened on 2022-03-31 and is reported as closed as of 2022-05-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022023NOPV_Op Resp to Notice and Request for Hearing and Statement of Issues_04292022_(20-194651).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_Op%20Resp%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Statement%20of%20Issues_04292022_(20-194651).pdf\n\n12022023NOPV_PCO_03312022_(20-194651).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_PCO_03312022_(20-194651).pdf\n\n12022023NOPV_PCO_03312022_(20-194651)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_PCO_03312022_(20-194651)_text.pdf\n\n12022023NOPV_PHC Hearing Scheduled_05202022_(20-194651).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_PHC%20Hearing%20Scheduled_05202022_(20-194651).pdf\n\n12022023NOPV_PHC Hearing Scheduled_05202022_(20-194651)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_PHC%20Hearing%20Scheduled_05202022_(20-194651)_text.pdf\n\n12022023NOPV_Region Withdrawal of Notice Letter_05202022_(20-194651).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_Region%20Withdrawal%20of%20Notice%20Letter_05202022_(20-194651).pdf\n\n12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022023NOPV/12022023NOPV_Region%20Withdrawl%20of%20Notice%20Letter_05202022_(20-194651)_text.pdf\n\n12022023NOPV_PHC Hearing Scheduled_05202022_(20-194651)_text.pdf\n\nMay 20, 2022\nVIA ELECTRONIC MAIL TO: roina.baker@pipelinelegal.com and\nrobert.burrough@dot.gov\nMs. Roina Baker, Esq.\nCounsel for Wolverine Pipe Line Company\nMurchison Law Firm, PLLC\n325 North Street, Suite 2700\nDallas, TX 75201\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n820 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nRe: Notice of Hearing, Wolverine Pipe Line Company\nCPF No. 1-2022-023-NOPV\nDear Ms. Baker and Mr. Burrough:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will take place on August 10,\n2022, beginning at 8:30 a.m. Eastern Time.\nThe hearing will be held via videoconference. I will provide the videoconference information prior\nto the hearing. At least 10 calendar days prior to the hearing (or by August 1, 2022), both parties\nmust submit and exchange any additional written materials they intend to present at the hearing and\nthe name and email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded.\nIf you have any questions, please do not hesitate to contact me.\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. Matthew Dunne, Vice President and Manager, Wolverine Pipe Line Company,\nmatthew_dunne@wplco.com\nMs. Ajoke Agboola, Counsel, Eastern Region, Office of Pipeline Safety, PHMSA,\najoke.agboola@dot.gov\n\n12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text.pdf\n\nWITHDRAWAL of NOTICE LETTER\nVIA ELECTRONIC MAIL TO: Kurt Barclay@wplco.com\nMay 20, 2022\nMr. Kurt Barclay\nPresident and Chief Executive Officer\nWolverine Pipe Line Company\n8075 Creekside Drive, Suite 210\nPortage, Michigan 49024\nCPF 1-2022-023-NOPV\nDear Mr. Barclay:\nOn March 31, 2022, Wolverine Pipe Line Company (Wolverine) was issued a Notice of Probable\nViolation letter (Notice) for the case number referenced above. This Notice cited Wolverine for\nnot complying with the following 49 CFR Part 195 codes:\n1. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section…\nWolverine failed to follow its WPLCO OCC Control Room Management Plan, Section 8.27 Alarm\nManagement Review…\n2. § 195.446 Control room management.\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n\n\n\nCPF 1-2022-023-NOPV\n(1) …\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months.\nWolverine failed to test and verify an internal communication plan for providing adequate\nmeans for manual operation of its pipeline safely, at least once each calendar year, but at\nintervals not to exceed 15 months…\n3. § 195.446 Control room management.\n(a) …\n(e) Alarm management. Each operator using a SCADA system must\nhave a written alarm management plan to provide for effective\ncontroller response to alarms. An operator’s plan must include\nprovisions to:\n(1) …\n(5) Monitor the content and volume of general activity being\ndirected to and required of each controller at least once each calendar\nyear, but at intervals not exceeding 15 months, that will assure\ncontrollers have sufficient time to analyze and react to incoming\nalarms;\nWolverine failed to include in its written alarm management plan provisions to monitor the\ncontent and volume of general activity being directed to and required of each controller at\nleast once each calendar year, but at intervals not exceeding 15 months, to assure controllers\nhave sufficient time to analyze and react to incoming alarms.\n4. § 195.446 Control room management.\n(a) …\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator’s program must provide for training\neach controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\n(1) …\n(5) For pipeline operating setups that are periodically, but\ninfrequently used, providing an opportunity for controllers to review\nrelevant procedures in advance of their application.\nWolverine failed to establish a controller training program that included an opportunity for\ncontrollers to review relevant procedures in advance of their application for pipeline operating\nsetups that are periodically, but infrequently, used.\nOn April 29, 2022, Wolverine responded to the Notice wherein it requested a hearing on Item 3\nand responded to the other three Notice items in writing. On May 12, 2022, Wolverine and\n12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text Page 2 of 3\n\n\n\nCPF 1-2022-023-NOPV\nPHMSA conducted an informal settlement meeting to settle or simplify the issues. Based on those\ndiscussions and additional documentation submitted by Wolverine after the meeting, PHMSA has\nagreed to withdraw this Notice. PHMSA intends to clarify and issue Item 3 as a Notice of\nAmendment, and re-issue the remaining three items as a Warning Letter.\nThis letter is to inform you that PHMSA hereby withdraws the Notice and that the case is now\nclosed.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. Matthew Dunne, Vice President and Manager, Wolverine Pipe Line Company,\n<matthew_dunne@wplco.com>\nMs. Roina Baker, Associate Attorney, Murchison Law Firm, PLLC\n<Roina.Baker@pipelinelegal.com>\n12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text Page 3 of 3\n\n12022023NOPV_Region Withdrawal of Notice Letter_05202022_(20-194651).pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\n609.771.7800\nWITHDRAWAL of NOTICE LETTER\nVIA ELECTRONIC MAIL TO: Kurt_Barclay@wplco.com\nMay 20, 2022\nMr. Kurt Barclay\nPresident and Chief Executive Officer\nWolverine Pipe Line Company\n8075 Creekside Drive, Suite 210\nPortage, Michigan 49024\nCPF 1-2022-023-NOPV\nDear Mr. Barclay:\nOn March 31, 2022, Wolverine Pipe Line Company (Wolverine) was issued a Notice of Probable\nViolation letter (Notice) for the case number referenced above. This Notice cited Wolverine for\nnot complying with the following 49 CFR Part 195 codes:\n1. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements of\nthis section…\nWolverine failed to follow its WPLCO OCC Control Room Management Plan, Section 8.27 Alarm\nManagement Review…\n2. § 195.446 Control room management.\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n\n\n\nCPF 1-2022-023-NOPV\n(1) …\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months.\nWolverine failed to test and verify an internal communication plan for providing adequate\nmeans for manual operation of its pipeline safely, at least once each calendar year, but at\nintervals not to exceed 15 months…\n3. § 195.446 Control room management.\n(a) …\n(e) Alarm management. Each operator using a SCADA system must\nhave a written alarm management plan to provide for effective\ncontroller response to alarms. An operator’s plan must include\nprovisions to:\n(1) …\n(5) Monitor the content and volume of general activity being\ndirected to and required of each controller at least once each calendar\nyear, but at intervals not exceeding 15 months, that will assure\ncontrollers have sufficient time to analyze and react to incoming\nalarms;\nWolverine failed to include in its written alarm management plan provisions to monitor the\ncontent and volume of general activity being directed to and required of each controller at\nleast once each calendar year, but at intervals not exceeding 15 months, to assure controllers\nhave sufficient time to analyze and react to incoming alarms.\n4. § 195.446 Control room management.\n(a) …\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator’s program must provide for training\neach controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\n(1) …\n(5) For pipeline operating setups that are periodically, but\ninfrequently used, providing an opportunity for controllers to review\nrelevant procedures in advance of their application.\nWolverine failed to establish a controller training program that included an opportunity for\ncontrollers to review relevant procedures in advance of their application for pipeline operating\nsetups that are periodically, but infrequently, used.\nOn April 29, 2022, Wolverine responded to the Notice wherein it requested a hearing on Item 3\nand responded to the other three Notice items in writing. On May 12, 2022, Wolverine and\n12022023NOPV_Withdrawal of Notice Letter_05202022_(20-194651).docx Page 2 of 3\n\n\n\nCPF 1-2022-023-NOPV\nPHMSA conducted an informal settlement meeting to settle or simplify the issues. Based on those\ndiscussions and additional documentation submitted by Wolverine after the meeting, PHMSA has\nagreed to withdraw this Notice. PHMSA intends to clarify and issue Item 3 as a Notice of\nAmendment, and re-issue the remaining three items as a Warning Letter.\nThis letter is to inform you that PHMSA hereby withdraws the Notice and that the case is now\nclosed.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. Matthew Dunne, Vice President and Manager, Wolverine Pipe Line Company,\n<matthew_dunne@wplco.com>\nMs. Roina Baker, Associate Attorney, Murchison Law Firm, PLLC\n<Roina.Baker@pipelinelegal.com>\n12022023NOPV_Withdrawal of Notice Letter_05202022_(20-194651).docx Page 3 of 3","truncated":false,"body_characters":13049}