{"operation":"document","citation":"CPF 320041006","title":"WBI ENERGY TRANSMISSION, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-03-31","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.707, 192.739, 192.751.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320041006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320041006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320041006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320041006","body":"Notice of Probable Violation involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.707,  192.739,  192.751. The case was opened on 2004-03-31 and is reported as closed as of 2006-01-11. Proposed civil penalty: $10,500. Assessed civil penalty: $0. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320041006_Final Order_01112006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041006/320041006_Final%20Order_01112006.pdf\n\n320041006_final order_01112006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041006/320041006_final%20order_01112006_text.pdf\n\nCPF No 3-2004-1006 Williston Basin Interstate Pipeline Company.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041006/CPF%20No%203-2004-1006%20Williston%20Basin%20Interstate%20Pipeline%20Company.pdf\n\n320041006_final order_01112006_text.pdf\n\nU 5 Department\nof Transportation\nPipeline and\nHozordotrs Materials Sofettr\nAdministration\n400 Seventh Street, S W\nWeehrngton, D C 20590\nJAN 11 Z($\nMr Tony Finneman\nVice President - Operations\nWilhston Basin Interstate Ptpeltne Company\n1250 West Century Avenue\nBismark, ND 58503\nRe CPF No 3-2004-1006\nDear Mr Finneman\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case It withdraws two of the allegations of violation, makes a fiindmg of\nviolation, and finds that you have completed the actions specified in the Notice required to\ncomply with the pipehne safety regulations Tlus case is now closed Your receipt of the\nFinal Order constitutes service of that document under 49 C F R II '190 5\nSincerely\nJames Reynolds\nPipelme Comphance Registry\nOffice of Pipehne Safety\nEnclosure\ncc Mr Ivan Huntoon\nDirector, Central Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nWdhston Basin Interstate\nPipehne Company,\nRespondent.\nCPF No. 3-2004-1006\nFINAL ORDER\nBetween July 8 and 28, 2001, pursuant to 49 U S C 5 60117, a representative of the Pipehne and\nHazardous Matenals Safety Admuustration (PHMSA), conducted an on-site pipehne safety\ninspection of Respondent's facihties and records in North and South Dakota As a result of the\ninspection, the Director, Central Region, PHMSA, issued to Respondent, by letter dated March\n31, 2004, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Comphance\nOrder (Notice) In accordance with 49 C F R g 190 207, the Notice proposed finding that\nRespondent had committed violations of 49 C F R Part 192 and proposed assessing a civil\npenalty of $10, 500 for the alleged violations The Notice also proposed that Respondent take\ncertain measures to correct the alleged violations\nRespondent responded to the Notice by letter dated May 3, 2004 (Response) Respondent\ncontested some of the allegations, offered information to explain the allegations, descnbed the\ncorrective actions it had taken, and requested that the allegations and proposed civil penalties be\nwithdrawn\nFINDING OF VIOLATION\nItem 4 in the Notice alleged that Respondent had violated 49 C F R 5 192 751 by faihng to take\nsteps to minimize the danger of accidental ignition in structures where gas was present\nSpecifically, the Notice alleged that border station buildings at 25 locations utilized fuel gas\nregulating equipment that vented natural gas to the inside of these structures instead of being\nvented outside above the roofltne In its response, Respondent did not contest tlus allegation\nAccordingly, I find that Respondent violated 5 192 751 by fatling to take steps to minimize the\ndanger of accidental ignition in structures where gas was present\nThis finding of violation will be considered a pnor offense in any subsequent enforcement action\ntaken against Respondent\n\n\n\nWITHDRAWAL OF ALLEGATIONS\nItem I in the Notice alleged that Respondent had violated 49 C F R 5 192 707 by faihng to place\nline markers at certain locations In its response, Respondent submitted information\ndemonstrating that the locations specified in the Notice were adequately marked Based on this\ninformation demonstrating comphance with the regulation, I am withdrawing tlus allegation of\nviolation\nItem 3 in the Notice alleged that Respondent had violated 49 C F R 5 192 751 by faihng to post\n\"No Smoking\" signs at certain locations to rmmmize the danger of accidental ignition In its\nresponse, Respondent submitted information demonstrating that the locations specified in the\niqottce had adequate signage Based on this informat:on demonstrating comphance with the\nregulation, I am withdrawing tins allegation of violation\nCOMPLIANCE ORDER\nThe Notice proposed a comphance order with respect to Item 4 Under 49 U S C 5 60118(a),\neach person who engages in the transportation of gas or who owns or operates a pipehne facihty\nis required to comply with the applicable safety standards established under chapter 601 The\nRegional Director has indicated that Respondent has completed a program to provide extenor\nventing to the specified structures as indicated in the Proposed Compliance Order Accordingly,\nsince comphance has been achieved with respect to this violation, it is unnecessary to include\ncompliance terms in this Order\nWARNING ITEM\nThe Notice did not propose a civil penalty or compliance order for Item 2 in the Notice\nTherefore, this is considered to be a warning item The warning was for Respondent's failure to\nprotect a pressure regulating device at the Medina station from conditions that might prevent\nproper operation in accordance with $ 192 739(d) Respondent presented information its\nresponse showing that it has taken action to address this item Respondent is warned that if this\nitem is not fully addressed, enforcement acuon will be taken if a subsequent inspection reveals a\nviolation\nUnder 49 C F R 5 190 215, Respondent has a nght to submit a petition for reconsideration of\nthis Final Order Should Respondent elect to do so, the petition must be received witlun 20 days\nof Respondent's receipt of this Final Order and must contain a brief statement of the issue(s)\nrms and onditions of this Final Order are effective on receipt\nJAll I I 2008\nSt e Ge ard As oc ate Administrator\nfor ipehne Safety\nDate Issued","truncated":false,"body_characters":6400}