# WBI ENERGY TRANSMISSION, INC. — Notice of Probable Violation

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

Official case documents:

320041006_Final Order_01112006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041006/320041006_Final%20Order_01112006.pdf

320041006_final order_01112006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041006/320041006_final%20order_01112006_text.pdf

CPF 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

320041006_final order_01112006_text.pdf

U 5 Department
of Transportation
Pipeline and
Hozordotrs Materials Sofettr
Administration
400 Seventh Street, S W
Weehrngton, D C 20590
JAN 11 Z($
Mr Tony Finneman
Vice President - Operations
Wilhston Basin Interstate Ptpeltne Company
1250 West Century Avenue
Bismark, ND 58503
Re CPF No 3-2004-1006
Dear Mr Finneman
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in
the above-referenced case It withdraws two of the allegations of violation, makes a fiindmg of
violation, and finds that you have completed the actions specified in the Notice required to
comply with the pipehne safety regulations Tlus case is now closed Your receipt of the
Final Order constitutes service of that document under 49 C F R II '190 5
Sincerely
James Reynolds
Pipelme Comphance Registry
Office of Pipehne Safety
Enclosure
cc Mr Ivan Huntoon
Director, Central Region, OPS
CERTIFIED MAIL - RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In the Matter of
Wdhston Basin Interstate
Pipehne Company,
Respondent.
CPF No. 3-2004-1006
FINAL ORDER
Between July 8 and 28, 2001, pursuant to 49 U S C 5 60117, a representative of the Pipehne and
Hazardous Matenals Safety Admuustration (PHMSA), conducted an on-site pipehne safety
inspection of Respondent's facihties and records in North and South Dakota As a result of the
inspection, the Director, Central Region, PHMSA, issued to Respondent, by letter dated March
31, 2004, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Comphance
Order (Notice) In accordance with 49 C F R g 190 207, the Notice proposed finding that
Respondent had committed violations of 49 C F R Part 192 and proposed assessing a civil
penalty of $10, 500 for the alleged violations The Notice also proposed that Respondent take
certain measures to correct the alleged violations
Respondent responded to the Notice by letter dated May 3, 2004 (Response) Respondent
contested some of the allegations, offered information to explain the allegations, descnbed the
corrective actions it had taken, and requested that the allegations and proposed civil penalties be
withdrawn
FINDING OF VIOLATION
Item 4 in the Notice alleged that Respondent had violated 49 C F R 5 192 751 by faihng to take
steps to minimize the danger of accidental ignition in structures where gas was present
Specifically, the Notice alleged that border station buildings at 25 locations utilized fuel gas
regulating equipment that vented natural gas to the inside of these structures instead of being
vented outside above the roofltne In its response, Respondent did not contest tlus allegation
Accordingly, I find that Respondent violated 5 192 751 by fatling to take steps to minimize the
danger of accidental ignition in structures where gas was present
This finding of violation will be considered a pnor offense in any subsequent enforcement action
taken against Respondent



WITHDRAWAL OF ALLEGATIONS
Item I in the Notice alleged that Respondent had violated 49 C F R 5 192 707 by faihng to place
line markers at certain locations In its response, Respondent submitted information
demonstrating that the locations specified in the Notice were adequately marked Based on this
information demonstrating comphance with the regulation, I am withdrawing tlus allegation of
violation
Item 3 in the Notice alleged that Respondent had violated 49 C F R 5 192 751 by faihng to post
"No Smoking" signs at certain locations to rmmmize the danger of accidental ignition In its
response, Respondent submitted information demonstrating that the locations specified in the
iqottce had adequate signage Based on this informat:on demonstrating comphance with the
regulation, I am withdrawing tins allegation of violation
COMPLIANCE ORDER
The Notice proposed a comphance order with respect to Item 4 Under 49 U S C 5 60118(a),
each person who engages in the transportation of gas or who owns or operates a pipehne facihty
is required to comply with the applicable safety standards established under chapter 601 The
Regional Director has indicated that Respondent has completed a program to provide extenor
venting to the specified structures as indicated in the Proposed Compliance Order Accordingly,
since comphance has been achieved with respect to this violation, it is unnecessary to include
compliance terms in this Order
WARNING ITEM
The Notice did not propose a civil penalty or compliance order for Item 2 in the Notice
Therefore, this is considered to be a warning item The warning was for Respondent's failure to
protect a pressure regulating device at the Medina station from conditions that might prevent
proper operation in accordance with $ 192 739(d) Respondent presented information its
response showing that it has taken action to address this item Respondent is warned that if this
item is not fully addressed, enforcement acuon will be taken if a subsequent inspection reveals a
violation
Under 49 C F R 5 190 215, Respondent has a nght to submit a petition for reconsideration of
this Final Order Should Respondent elect to do so, the petition must be received witlun 20 days
of Respondent's receipt of this Final Order and must contain a brief statement of the issue(s)
rms and onditions of this Final Order are effective on receipt
JAll I I 2008
St e Ge ard As oc ate Administrator
for ipehne Safety
Date Issued
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