WOLVERINE PIPELINE CO — Notice of Probable Violation

party submissionOfficial PDF12022023NOPV_Op Resp to Notice and Request for Hearing and Statement of Issues_04292022_(20-194651).pdf#

case documentOfficial PDF12022023NOPV_PCO_03312022_(20-194651).pdf#

case documentOfficial PDF12022023NOPV_PCO_03312022_(20-194651)_text.pdf#

12022023NOPV_PHC Hearing Scheduled_05202022_(20-194651)_text.pdf, page 1Official PDFMay 20, 2022 VIA ELECTRONIC MAIL TO: roina.baker@pipelinelegal.com and robert.burrough@dot.gov Ms. Roina Baker, Esq. Counsel for Wolverine Pipe Line Company Murchison Law Firm, PLLC 325 North Street, Suite 2700 Dallas, TX 75201 Mr. Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration 820 Bear Tavern Road, Suite 300 West Trenton, NJ 08628 Re: Notice of Hearing, Wolverine Pipe Line Company CPF No. 1-2022-023-NOPV Dear Ms. Baker and Mr. Burrough: In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of Probable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials Safety Administration in the above-referenced case. The hearing will take place on August 10, 2022, beginning at 8:30 a.m. Eastern Time. The hearing will be held via videoconference. I will provide the videoconference information prior to the hearing. At least 10 calendar days prior to the hearing (or by August 1, 2022), both parties must submit and exchange any additional written materials they intend to present at the hearing and the name and email address of each attendee. This information should be provided electronically. Materials not submitted by this date may be excluded. If you have any questions, please do not hesitate to contact me. Sincerely, Larry White Presiding Official cc: Mr. Matthew Dunne, Vice President and Manager, Wolverine Pipe Line Company, matthew_dunne@wplco.com Ms. Ajoke Agboola, Counsel, Eastern Region, Office of Pipeline Safety, PHMSA, ajoke.agboola@dot.gov#

12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text.pdf, page 1Official PDFWITHDRAWAL of NOTICE LETTER VIA ELECTRONIC MAIL TO: Kurt Barclay@wplco.com May 20, 2022 Mr. Kurt Barclay President and Chief Executive Officer Wolverine Pipe Line Company 8075 Creekside Drive, Suite 210 Portage, Michigan 49024 CPF 1-2022-023-NOPV Dear Mr. Barclay: On March 31, 2022, Wolverine Pipe Line Company (Wolverine) was issued a Notice of Probable Violation letter (Notice) for the case number referenced above. This Notice cited Wolverine for not complying with the following 49 CFR Part 195 codes: 1. § 195.446 Control room management. (a) General. This section applies to each operator of a pipeline facility with a controller working in a control room who monitors and controls all or part of a pipeline facility through a SCADA system. Each operator must have and follow written control room management procedures that implement the requirements of this section… Wolverine failed to follow its WPLCO OCC Control Room Management Plan, Section 8.27 Alarm Management Review… 2. § 195.446 Control room management. (a) … (c) Provide adequate information. Each operator must provide its controllers with the information, tools, processes and procedures necessary for the controllers to carry out the roles and responsibilities the operator has defined by performing each of the following:#

12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text.pdf, page 2CPF 1-2022-023-NOPV (1) … (3) Test and verify an internal communication plan to provide adequate means for manual operation of the pipeline safely, at least once each calendar year, but at intervals not to exceed 15 months. Wolverine failed to test and verify an internal communication plan for providing adequate means for manual operation of its pipeline safely, at least once each calendar year, but at intervals not to exceed 15 months… 3. § 195.446 Control room management. (a) … (e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective controller response to alarms. An operator’s plan must include provisions to: (1) … (5) Monitor the content and volume of general activity being directed to and required of each controller at least once each calendar year, but at intervals not exceeding 15 months, that will assure controllers have sufficient time to analyze and react to incoming alarms; Wolverine failed to include in its written alarm management plan provisions to monitor the content and volume of general activity being directed to and required of each controller at least once each calendar year, but at intervals not exceeding 15 months, to assure controllers have sufficient time to analyze and react to incoming alarms. 4. § 195.446 Control room management. (a) … (h) Training. Each operator must establish a controller training program and review the training program content to identify potential improvements at least once each calendar year, but at intervals not to exceed 15 months. An operator’s program must provide for training each controller to carry out the roles and responsibilities defined by the operator. In addition, the training program must include the following elements: (1) … (5) For pipeline operating setups that are periodically, but infrequently used, providing an opportunity for controllers to review relevant procedures in advance of their application. Wolverine failed to establish a controller training program that included an opportunity for controllers to review relevant procedures in advance of their application for pipeline operating setups that are periodically, but infrequently, used. On April 29, 2022, Wolverine responded to the Notice wherein it requested a hearing on Item 3 and responded to the other three Notice items in writing. On May 12, 2022, Wolverine and 12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text Page 2 of 3#

12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text.pdf, page 3CPF 1-2022-023-NOPV PHMSA conducted an informal settlement meeting to settle or simplify the issues. Based on those discussions and additional documentation submitted by Wolverine after the meeting, PHMSA has agreed to withdraw this Notice. PHMSA intends to clarify and issue Item 3 as a Notice of Amendment, and re-issue the remaining three items as a Warning Letter. This letter is to inform you that PHMSA hereby withdraws the Notice and that the case is now closed. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Cc: Mr. Matthew Dunne, Vice President and Manager, Wolverine Pipe Line Company, <matthew_dunne@wplco.com> Ms. Roina Baker, Associate Attorney, Murchison Law Firm, PLLC <Roina.Baker@pipelinelegal.com> 12022023NOPV_Region Withdrawl of Notice Letter_05202022_(20-194651)_text Page 3 of 3#

12022023NOPV_Region Withdrawal of Notice Letter_05202022_(20-194651).pdf, page 1Official PDFU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 840 Bear Tavern Road, Suite 300 West Trenton, NJ 08628 609.771.7800 WITHDRAWAL of NOTICE LETTER VIA ELECTRONIC MAIL TO: Kurt_Barclay@wplco.com May 20, 2022 Mr. Kurt Barclay President and Chief Executive Officer Wolverine Pipe Line Company 8075 Creekside Drive, Suite 210 Portage, Michigan 49024 CPF 1-2022-023-NOPV Dear Mr. Barclay: On March 31, 2022, Wolverine Pipe Line Company (Wolverine) was issued a Notice of Probable Violation letter (Notice) for the case number referenced above. This Notice cited Wolverine for not complying with the following 49 CFR Part 195 codes: 1. § 195.446 Control room management. (a) General. This section applies to each operator of a pipeline facility with a controller working in a control room who monitors and controls all or part of a pipeline facility through a SCADA system. Each operator must have and follow written control room management procedures that implement the requirements of this section… Wolverine failed to follow its WPLCO OCC Control Room Management Plan, Section 8.27 Alarm Management Review… 2. § 195.446 Control room management. (a) … (c) Provide adequate information. Each operator must provide its controllers with the information, tools, processes and procedures necessary for the controllers to carry out the roles and responsibilities the operator has defined by performing each of the following:#

12022023NOPV_Region Withdrawal of Notice Letter_05202022_(20-194651).pdf, page 2CPF 1-2022-023-NOPV (1) … (3) Test and verify an internal communication plan to provide adequate means for manual operation of the pipeline safely, at least once each calendar year, but at intervals not to exceed 15 months. Wolverine failed to test and verify an internal communication plan for providing adequate means for manual operation of its pipeline safely, at least once each calendar year, but at intervals not to exceed 15 months… 3. § 195.446 Control room management. (a) … (e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective controller response to alarms. An operator’s plan must include provisions to: (1) … (5) Monitor the content and volume of general activity being directed to and required of each controller at least once each calendar year, but at intervals not exceeding 15 months, that will assure controllers have sufficient time to analyze and react to incoming alarms; Wolverine failed to include in its written alarm management plan provisions to monitor the content and volume of general activity being directed to and required of each controller at least once each calendar year, but at intervals not exceeding 15 months, to assure controllers have sufficient time to analyze and react to incoming alarms. 4. § 195.446 Control room management. (a) … (h) Training. Each operator must establish a controller training program and review the training program content to identify potential improvements at least once each calendar year, but at intervals not to exceed 15 months. An operator’s program must provide for training each controller to carry out the roles and responsibilities defined by the operator. In addition, the training program must include the following elements: (1) … (5) For pipeline operating setups that are periodically, but infrequently used, providing an opportunity for controllers to review relevant procedures in advance of their application. Wolverine failed to establish a controller training program that included an opportunity for controllers to review relevant procedures in advance of their application for pipeline operating setups that are periodically, but infrequently, used. On April 29, 2022, Wolverine responded to the Notice wherein it requested a hearing on Item 3 and responded to the other three Notice items in writing. On May 12, 2022, Wolverine and 12022023NOPV_Withdrawal of Notice Letter_05202022_(20-194651).docx Page 2 of 3#

12022023NOPV_Region Withdrawal of Notice Letter_05202022_(20-194651).pdf, page 3CPF 1-2022-023-NOPV PHMSA conducted an informal settlement meeting to settle or simplify the issues. Based on those discussions and additional documentation submitted by Wolverine after the meeting, PHMSA has agreed to withdraw this Notice. PHMSA intends to clarify and issue Item 3 as a Notice of Amendment, and re-issue the remaining three items as a Warning Letter. This letter is to inform you that PHMSA hereby withdraws the Notice and that the case is now closed. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Cc: Mr. Matthew Dunne, Vice President and Manager, Wolverine Pipe Line Company, <matthew_dunne@wplco.com> Ms. Roina Baker, Associate Attorney, Murchison Law Firm, PLLC <Roina.Baker@pipelinelegal.com> 12022023NOPV_Withdrawal of Notice Letter_05202022_(20-194651).docx Page 3 of 3#