{"operation":"document","citation":"CPF 320171002M","title":"VIKING GAS TRANSMISSION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-01-04","effective_on":null,"summary":"CLOSED notice of amendment citing 192.917(a), 192.935(d)(2), 192.945(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320171002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320171002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320171002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320171002M","body":"Notice of Amendment involving VIKING GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 192.917(a),  192.935(d)(2),  192.945(a). The case was opened on 2017-01-04 and is reported as closed as of 2017-01-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320171002M_Notice of Amendment_01042017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171002M/320171002M_Notice%20of%20Amendment_01042017.pdf\n\n320171002M_Notice of Amendment_01042017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320171002M/320171002M_Notice%20of%20Amendment_01042017_text.pdf\n\n320171002M_Notice of Amendment_01042017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 4, 2017\nMr. Michel Nelson\nSr. VP Operations of Natural Gas Pipelines\nViking Gas Transmission Company\n100 West Fifth Street\nTulsa, OK 74103\nCPF 3-2017-1002M\nDear Mr. Nelson:\nBeginning March 9, 2015 and ending June 12, 2015, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Viking Gas Transmission Company procedures, facilities and records in North Dakota and\nWisconsin.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Viking\nGas Transmission Company plans or procedures, as described below:\n1. §192.917 How does an operator identify potential threats to pipeline integrity and use the\nthreat identification in its integrity program?\n(a) Threat identification. An operator must identify and evaluate all potential threats to each\ncovered pipeline segment. Potential threats that an operator must consider include, but are\nnot limited to, the threats listed in ASME/ANSI B31.8S (incorporated by reference, see\n§192.7), section 2, which are grouped under the following four categories:\n(1) Time dependent threats such as internal corrosion, external corrosion, and stress\ncorrosion cracking;\n(2) Static or resident threats, such as fabrication or construction defects;\n(3) Time independent threats such as third party damage and outside force damage; and\n(4) Human error.\n\n\n\nViking’s procedures are inadequate because its integrity management program (IMP) does not include\nall potential threats listed in ASME/ANSI B31.8S Section 2. As a result a relief valve leak in 2013\nwas not incorporated into the risk model. Viking must amend its IMP to include these potential\nthreats.\n2. §192.935 What additional preventive and mitigative measures must an operator take?\n(d) Pipelines operating below 30% SMYS. An operator of a transmission pipeline operating\nbelow 30% SMYS located in a high consequence area must follow the requirements in\nparagraphs (d)(1) and (d)(2) of this section. An operator of a transmission pipeline operating\nbelow 30% SMYS located in a Class 3 or Class 4 area but not in a high consequence area\nmust follow the requirements in paragraphs (d)(1), (d)(2) and (d)(3) of this section\n(2) Either monitor excavations near the pipeline, or conduct patrols as required by § 192.705\nof the pipeline at bi-monthly intervals. If an operator finds any indication of unreported\nconstruction activity, the operator must conduct a follow up investigation to determine if\nmechanical damage has occurred.\nViking’s procedure is inadequate because it does not require either monitoring of excavations or bi-\nmonthly patrols and the language of the procedure allows for “other provisions” to be utilized rather\nthan monitoring. Pipelines operating below 30% SMYS in Class 3 or 4 locations but not in an HCA\nrequire either monitoring of excavations near the pipeline or bi-monthly patrolling. Viking’s\nprocedures must be amended to clarify that the excavation must be continuously monitored if\nexcavation is occurring near the pipeline or that bimonthly patrols must be performed.\n3. §192.945 What methods must an operator use to measure program effectiveness?\n(a) General. An operator must include in its integrity management program methods to\nmeasure whether the program is effective in assessing and evaluating the integrity of each\ncovered pipeline segment and in protecting the high consequence areas. These measures\nmust include the four overall performance measures specified in ASME/ANSI B31.8S\n(incorporated by reference, see § 192.7 of this part), section 9.4, and the specific measures for\neach identified threat specified in ASME/ANSI B31.8S, Appendix A. An operator must\nsubmit the four overall performance measures as part of the annual report required by §\n191.17 of this subchapter.\nViking’s procedures are inadequate because it failed to include in its integrity management program\nthe required performance measures specified in ASME/ANSI B31.8S and ASME/ANSI B31.8S,\nAppendix A. Specifically, the process did not require bench-marking performance against data from\noutside the company. Additionally there are inconsistencies within the IMP. Performance measures\ntracked in IMP Performance Measures of Specific Threats spreadsheet do not match the table in\nprocedure Section 11.5. Viking’s procedures must be amended to include benchmarking performance\nagainst data from outside the company and to correct the inconsistencies between the spreadsheet and\nthe table in procedure Section 11.5.\n2\n\n\n\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 part\nof this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all material\nyou submit 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 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 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 receipt\nof this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and\nauthorizes 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 procedures\nare found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures\nto correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose\nthat you submit your amended procedures to my office within 30 days of receipt of this Notice. This\nperiod may be extended by written request for good cause. Once the inadequacies identified herein\nhave been addressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Viking Gas Transmission Company maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Allan C. Beshore, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer to\nCPF 3-2017-1002M and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSince the inspection, Viking Gas Transmission Company has submitted revised procedures to resolve\nthese issues. PHMSA Central Region personnel have reviewed the revised procedures and determined\nthat the revisions satisfy the deficiencies identified in all of the above items. Therefore, no further\naction is required and this enforcement action is considered closed.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":8222}