# ONEOK NGL PIPELINE, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 320095019
- **title:** ONEOK NGL PIPELINE, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2009-10-26
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.403(b), 195.404(a), 195.412(a), 195.420(b).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095019.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095019.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095019
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320095019
**body:**

Notice of Probable Violation involving ONEOK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.403(b),  195.404(a),  195.412(a),  195.420(b). The case was opened on 2009-10-26 and is reported as closed as of 2012-03-13. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320095019_Closure Letter_03132012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Closure%20Letter_03132012.pdf

320095019_Closure Letter_03132012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Closure%20Letter_03132012_text.pdf

320095019_Final_Order_08062010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Final_Order_08062010.pdf

320095019_Final_Order_08062010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Final_Order_08062010_text.pdf

320095019_NOPV PCO_10262009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_NOPV%20PCO_10262009.pdf

320095019_NOPV PCO_10262009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_NOPV%20PCO_10262009_text.pdf

320095019_Operator Response_11302009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095019/320095019_Operator%20Response_11302009.pdf

320095019_Closure Letter_03132012_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 13, 2012
Mr. Wes Christensen
Senior Vice President NGL Operations
OneOK Partners North System, L.L.C.
100 West 5th Street
Tulsa, OK 74103
Re: CPF No. 3-2009-5019
Dear Mr. Christensen:
On August 6, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to ONEOK North System, LLC a Final Order for CPF 3-2009-5019. The Order
included a Compliance Order and the requirement to take corrective actions on your North
System assets in the Morris and Lemont, IL areas. On September 3, 2010, we received
correspondence from you detailing what was done to comply with the Final Order. Based on
that response, as well as some follow-up documentation provided by your personnel, it has
been determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
David Barrett
Director, Central Region
Pipeline and Hazardous Materials Safety Administration

320095019_Final_Order_08062010_text.pdf

AUG 6 2010
Mr. Wes Christensen
Senior Vice President, NGL Operations
ONEOK North System, L.L.C.
100 West 5th Street
Tulsa, Oklahoma 74103
Re: CPF No. 3-2009-5019
Dear Mr. Christensen:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and specifies actions that need to be taken by ONEOK North System, L.L.C., to
comply with the pipeline safety regulations. When the terms of the compliance order have
been completed, as determined by the Director, Central Region, this enforcement action will be
closed. Service of the Final Order by certified mail is deemed effective upon the date of
mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. David Barrett, Director, Central Region, PHMSA
CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 2698]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
ONEOK North System, L.L.C., ) CPF No. 3-2009-5019
a subsidiary of ONEOK Partners, L.P., )
)
Respondent. )
____________________________________)
FINAL ORDER
On April 8-10, June 7-12, and July 20-23, 2009, pursuant to 49 U.S.C. § 60117, a
representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA),
Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities
and records of ONEOK North System, L.L.C. (ONEOK or Respondent), in Conway, Kansas;
Morris, Illinois; and Lemont, Illinois. ONEOK, a subsidiary of ONEOK Partners, L.P.,
operates a pipeline system that transports natural gas liquids and refined products from Kansas
to Illinois, Nebraska, Iowa, and Missouri.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to
Respondent, by letter dated October 26, 2009, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that ONEOK had violated 49 C.F.R. § 195.412(a) and proposed ordering Respondent
to take certain measures to correct the alleged violation. The Notice also proposed finding that
Respondent had committed certain other probable violations of 49 C.F.R. Part 195 and warned
Respondent to take appropriate corrective action or be subject to future enforcement action.
ONEOK responded to the Notice by letter dated November 30, 2009 (Response). The
company did not contest the allegation of violation and provided information concerning the
corrective actions it had taken and planned to take. Respondent did not request a hearing and
therefore has waived its right to one.
FINDING OF VIOLATION
In its Response, ONEOK did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:



2
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a), which states:
§ 195.412 Inspection of rights-of-way and crossings under navigable
waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at least
26 times each calendar year, inspect the surface conditions on or adjacent
to each pipeline right-of-way. Methods of inspection include walking,
driving, flying or other appropriate means of traversing the right-of-way.
The Notice alleged that Respondent violated 49 C.F.R. § 195.412(a) by failing to adequately
inspect the surface conditions on and adjacent to its pipeline rights-of-way. Specifically, the
Notice alleged that three areas along two pipelines’ rights-of-way were covered by trees and
brush and that Respondent’s use of aerial patrolling as its inspection method did not allow
surface conditions to be observed. Respondent did not contest this allegation of violation. Based
upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.412(a) by
failing to adequately inspect the surface conditions on and adjacent to its pipeline rights-of-way.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 3 in the Notice for the violation of
49 C.F.R. § 195.412(a). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601.
In its Response, ONEOK expressed its intent to complete the actions set forth in the proposed
compliance order and described the actions it had initiated thus far. These actions included:
• Clearing two of the three overgrown areas referenced in Item 3 and partially clearing the
third area, which was expected to be completed during the winter of 2009-2010;
• Generating a work order for a ground patrol to inspect these areas until they are fully
cleared;
• Ensuring that the Damage Prevention Supervisor reviews ONEOK’s aerial patrol
guidelines with the contract patrol pilot; and
• Clearing additional overgrown areas identified by its pilot.
ONEOK has thus partially satisfied the proposed compliance order, but not all final right-of-way
clearing plans and actions are fully completed.



3
Accordingly, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,
Respondent is ordered to take the following actions to ensure compliance with the pipeline safety
regulations applicable to its operations:
With respect to the violation of § 195.412(a) (Item 3):
1. Respondent must develop a plan and schedule of action for clearing areas along its
pipeline rights-of-way where aerial patrolling will be used. This plan must identify
any areas throughout Respondent’s entire system where pipeline rights-of-way are
overgrown and will remain overgrown while awaiting clearing. The plan must
provide for a ground-based means of patrolling overgrown areas until they are
cleared. Respondent must provide this plan and schedule of action to the Director,
Central Region within 30 days from the date of receipt of this Final Order, and must
implement the plan and schedule of action within 60 days from the date of receipt of
this Final Order.
2. Respondent must maintain documentation of the safety improvement costs associated
with fulfilling this Compliance Order and submit the total to the Director, Central
Region. Costs must be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies, and analyses, and 2) total cost
associated with replacements, additions, and other changes to pipeline infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $100,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
WARNING ITEMS
With respect to Items 1, 2, and 4, the Notice alleged probable violations of Part 195 but did not
propose a civil penalty or compliance order for these items. Therefore, these are considered to
be warning items. The warnings were for:
49 C.F.R. § 195.403(b) (Item 1) ─ Respondent’s alleged failure to review with
personnel their performance in meeting the objectives of the emergency response
training program at least every 15 months.
49 C.F.R. § 195.404(a) (Item 2) ─ Respondent’s alleged failure to maintain
current maps of its pipeline system. The Notice alleged that Respondent’s maps
did not reflect foreign line crossings and a bypass line that had been installed
more than a year before the inspection.



4
49 C.F.R. § 195.420(b) (Item 4) ─ Respondent’s alleged failure to inspect certain
valves at intervals not exceeding 7 ½ months.
ONEOK presented information in its Response showing that it had taken certain actions to
address the cited items. Accordingly, having considered such information, I find, pursuant to 49
C.F.R. § 190.205, that probable violations of 49 C.F.R. §§ 195.403(b) (Notice Item 1),
195.404(a) (Notice Item 2), and 195.420(b) (Notice Item 4) have occurred, and Respondent is
hereby advised to correct such conditions. In the event that OPS finds a violation of these
provisions in a subsequent inspection, Respondent may be subject to future enforcement action.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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