WBI ENERGY TRANSMISSION, INC. — Notice of Probable Violation

case documentOfficial PDFCPF No 3-2004-1006 Williston Basin Interstate Pipeline Company.pdf#

320041006_final order_01112006_text.pdf, page 1Official PDFU 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#

320041006_final order_01112006_text.pdf, page 2DEPARTMENT 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descnbed the corrective actions it had taken, and requested that the allegations and proposed civil penalties be withdrawn FINDING OF VIOLATION Item 4 in the Notice alleged that Respondent had violated 49 C F R 5 192 751 by faihng to take steps to minimize the danger of accidental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#

320041006_final order_01112006_text.pdf, page 3WITHDRAWAL 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#