{"operation":"document","citation":"CPF 12023006NOA","title":"WBI ENERGY TRANSMISSION, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-02","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023006noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023006noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023006noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023006NOA","body":"Notice of Amendment involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulation as 192.12(d)(4). The case was opened on 2023-02-02 and is reported as closed as of 2023-02-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023006NOA_Closure Letter_02162023_(22-233253).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023006NOA/12023006NOA_Closure%20Letter_02162023_(22-233253).pdf\n\n12023006NOA_Closure Letter_02162023_(22-233253)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023006NOA/12023006NOA_Closure%20Letter_02162023_(22-233253)_text.pdf\n\n12023006NOA_Notice of Amendment_02022023_(22-233253).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023006NOA/12023006NOA_Notice%20of%20Amendment_02022023_(22-233253).pdf\n\n12023006NOA_Notice of Amendment_02022023_(22-233253)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023006NOA/12023006NOA_Notice%20of%20Amendment_02022023_(22-233253)_text.pdf\n\n12023006NOA_Operator Response to Notice_02082023_(22-233253).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023006NOA/12023006NOA_Operator%20Response%20to%20Notice_02082023_(22-233253).pdf\n\n12023006NOA_Notice of Amendment_02022023_(22-233253)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nFebruary 2, 2023\nMr. Trevor Hastings\nPresident and Chief Executive Officer\nWBI Energy Transmission, Inc.\n1250 W Century Ave.\nBismark, North Dakota 58503\nCPF 1-2023-006-NOA\nDear Mr. Hastings:\nFrom August 16, 2022, through August 18, 2022, 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 its Elk Basin Storage Field in\nPark County, Wyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within WBI’s\nplans or procedures, as described below:\n1. 49 C.F.R. § 192.12 Underground natural gas storage facilities.\n(a) …\n(d) Integrity management program -\n(1) …\n(4) Integrity management procedures and recordkeeping. Each\nUNGSF operator must establish and follow written procedures to carry\nout its integrity management program under API RP 1171\n(incorporated by reference, see § 192.7), section 8 (\"Risk Management\nfor Gas Storage Operations\"), and this paragraph (d). The operator\nmust also maintain, for the useful life of the UNGSF, records that\ndemonstrate compliance with the requirements of this paragraph (d).\nThis includes records developed and used in support of any\nidentification, calculation, amendment, modification, justification,\n\n\n\ndeviation, and determination made, and any action taken to\nimplement and evaluate any integrity management program element.\nWBI’s written procedures for carrying out its integrity management program were inadequate to\nensure safe operation of a pipeline facility. Specifically, WBI’s Underground Natural Gas Storage\n(UNGS) Risk Management Plan for Storage Operations (RMP), Section 2.20, Data Collection, did\nnot include a process to assess threat and hazard interactions in accordance with API RP 1171,\nSection 8.3.2 (Section 8.3.2).\nSection 8.3.2 states, in part:\nThe operator shall use available information such as performance data collected through\nthe field history, operations, and maintenance (O&M) activities, geotechnical data such\nas well logs, engineering data, and completion reports to determine susceptibility to threat\nand hazard-related events and to assess threat and hazard interaction.\nDuring the inspection, PHMSA reviewed WBI’s RMP and found that Section 2.20 did not include\na process to assess interactions of threats and hazards specific to its UNGS facilities.\nTherefore, WBI’s written procedures required by § 192.12(d)(4) were inadequate. WBI must\nrevise its procedure to address the deficiency outlined above.\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 the\ndocument 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.\n\n\n\nIt is requested (not mandated) that WBI maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. In\ncorrespondence concerning this matter, please refer to CPF 1-2023-006-NOA and, for each\ndocument you submit, please provide a copy in electronic format whenever possible. Smaller files\nmay be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive\naccompanied by the original paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n12023006NOA_Closure Letter_02162023_(22-233253)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nFebruary 16, 2023\nMr. Trevor Hastings\nPresident and Chief Executive Officer\nWBI Energy Transmission, Inc.\n1250 W Century Ave.\nBismark, North Dakota 58503\nCPF 1-2023-006-NOA\nDear Mr. Hastings:\nFrom August 16 , 2022 through August 18, 2022, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an underground natural gas storage inspection of WBI Energy Transmission, Inc.’s\n(WBI) procedures for its Elk Basin Storage Field in Park County, Wyoming. As a result of the\ninspection, WBI was issued a Notice of Amendment on February 2, 2023, which proposed\namendment of your procedures.\nWBI submitted its amended procedures on February 8, 2023. 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":7827}