{"operation":"document","citation":"CPF 320176004","title":"USG WHEATLAND PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-07-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.262(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176004","body":"Notice of Probable Violation involving USG WHEATLAND PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 195.262(d). The case was opened on 2017-07-27 and is reported as closed as of 2019-03-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176004_Closure Letter_03192019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Closure%20Letter_03192019.pdf\n\n320176004_Closure Letter_03192019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Closure%20Letter_03192019_text.pdf\n\n320176004_Final Order_03292018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Final%20Order_03292018.pdf\n\n320176004_Final Order_03292018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Final%20Order_03292018_text.pdf\n\n320176004_NOPV PCO_07272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_NOPV%20PCO_07272017.pdf\n\n320176004_NOPV PCO_07272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_NOPV%20PCO_07272017_text.pdf\n\n320176004_Operator Response to Notice_08172017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Operator%20Response%20to%20Notice_08172017.pdf\n\n320176004_Closure Letter_03192019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 19, 2019\nMr. Lawrence A. Wall, Jr.\nCOO, Gas Infrastructure\nUSG Wheatland Pipeline, LLC\n601 Travis Street\nHouston, TX 77002\nCPF 3-2017-6004\nDear Mr. Wall:\nOn March 29, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to USG Wheatland Pipeline, LLC a Final Order in the above-referenced case. This\nOrder included a Compliance Order. Based on our review of the documentation you provided,\nit has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320176004_Final Order_03292018_text.pdf\n\nMarch 29, 2018\nMr. Lawrence A. Wall, Jr.\nCOO, Gas Infrastructure\nUSG Wheatland Pipeline, LLC\n601 Travis Street\nHouston, TX 77002\nRe: CPF No. 3-2017-6004\nDear Mr. Wall:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by USG Wheatland Pipeline, LLC, to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Central Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is effective upon the date of mailing as\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Allan C. Beshore, Director, Central Region, Office of Pipeline Safety, PHMSA\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_______________________________________________\nIn the Matter of\nUSG Wheatland Pipeline, LLC,\na subsidiary of NextEra Energy Resources, LLC,\nRespondent.\n_______________________________________________\n)\n)\n)\n)\n)\n)\n)\n)\nCPF No. 3-2017-6004\nFINAL ORDER\nFrom May 10-12, 2016, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of USG Wheatland\nPipeline, LLC (Wheatland or Respondent), near Williston, North Dakota. Wheatland, a\nsubsidiary of NextEra Energy Resources, LLC, is a 22.8-mile intrastate crude oil pipeline in\nMcKenzie, North Dakota, with 10 breakout tanks.1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated July 27, 2017, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Wheatland\nhad violated 49 C.F.R. § 195.262 and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation.\nWheatland responded to the Notice by letter dated August 17, 2017 (Response). The company\ndid not contest the allegation of violation and agreed to complete the proposed compliance\nactions. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Wheatland did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.262(d), which states:\n§ 195.262 Pumping equipment.\n(a) …\n1 Pipeline Safety Violation Report (Violation Report) (July 28, 2017) (on file with PHMSA).\n\n\n\nCPF No. 3-2017-6004\nPage 2\n(d) Except for offshore pipelines, pumping equipment must be installed\non property that is under the control of the operator and at least 15.2 m (50\nft) from the boundary of the pump station. . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.262(d) by failing to install pumping\nequipment at least 50 feet from the boundary of the pump station. Specifically, the Notice\nalleged that Wheatland’s Point of Ending (POE) pump station was installed 25 feet from the\npumping station boundary, and Wheatland’s Point of Beginning (POB) pump station was\ninstalled 12 feet from the pumping station boundary. The pipeline facility at issue is not an\noffshore pipeline and the property on which the pump stations are installed is under the control\nof Wheatland.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.262(d) by failing to install\npumping equipment at least 50 feet from the boundary of the pump station.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of\n49 C.F.R. § 195.262(d). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 195.262 (Item 1), Respondent must:\na. b. Make modifications to the POB and POE facilities such that the pumping\nequipment is installed at least 50 feet from the pump station boundary\ncontrolled by Wheatland; and\nMake the modifications required by this Compliance Order within 270 days\nafter receipt of this Final Order, but no later than November 1, 2018,\nwhichever comes first.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\n\n\n\nCPF No. 3-2017-6004\nPage 3\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMarch 29, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8543}