# USG WHEATLAND PIPELINE, LLC — Notice of Probable Violation

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

Official case documents:

320176004_Closure Letter_03192019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Closure%20Letter_03192019.pdf

320176004_Closure Letter_03192019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Closure%20Letter_03192019_text.pdf

320176004_Final Order_03292018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Final%20Order_03292018.pdf

320176004_Final Order_03292018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Final%20Order_03292018_text.pdf

320176004_NOPV PCO_07272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_NOPV%20PCO_07272017.pdf

320176004_NOPV PCO_07272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_NOPV%20PCO_07272017_text.pdf

320176004_Operator Response to Notice_08172017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176004/320176004_Operator%20Response%20to%20Notice_08172017.pdf

320176004_Closure Letter_03192019_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 19, 2019
Mr. Lawrence A. Wall, Jr.
COO, Gas Infrastructure
USG Wheatland Pipeline, LLC
601 Travis Street
Houston, TX 77002
CPF 3-2017-6004
Dear Mr. Wall:
On March 29, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to USG Wheatland Pipeline, LLC a Final Order in the above-referenced case. This
Order included a Compliance Order. Based on our review of the documentation you provided,
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,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration

320176004_Final Order_03292018_text.pdf

March 29, 2018
Mr. Lawrence A. Wall, Jr.
COO, Gas Infrastructure
USG Wheatland Pipeline, LLC
601 Travis Street
Houston, TX 77002
Re: CPF No. 3-2017-6004
Dear Mr. Wall:
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 USG Wheatland Pipeline, LLC, 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 effective upon the date of mailing as
provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Allan C. Beshore, Director, Central Region, Office of Pipeline Safety, PHMSA
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
_______________________________________________
In the Matter of
USG Wheatland Pipeline, LLC,
a subsidiary of NextEra Energy Resources, LLC,
Respondent.
_______________________________________________
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CPF No. 3-2017-6004
FINAL ORDER
From May 10-12, 2016, pursuant to 49 U.S.C. § 60117, representatives 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 USG Wheatland
Pipeline, LLC (Wheatland or Respondent), near Williston, North Dakota. Wheatland, a
subsidiary of NextEra Energy Resources, LLC, is a 22.8-mile intrastate crude oil pipeline in
McKenzie, North Dakota, with 10 breakout tanks.1
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated July 27, 2017, a Notice of Probable Violation and Proposed Compliance Order
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Wheatland
had violated 49 C.F.R. § 195.262 and proposed ordering Respondent to take certain measures to
correct the alleged violation.
Wheatland responded to the Notice by letter dated August 17, 2017 (Response). The company
did not contest the allegation of violation and agreed to complete the proposed compliance
actions. Respondent did not request a hearing and therefore has waived its right to one.
FINDING OF VIOLATION
In its Response, Wheatland did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.262(d), which states:
§ 195.262 Pumping equipment.
(a) …
1 Pipeline Safety Violation Report (Violation Report) (July 28, 2017) (on file with PHMSA).



CPF No. 3-2017-6004
Page 2
(d) Except for offshore pipelines, pumping equipment must be installed
on property that is under the control of the operator and at least 15.2 m (50
ft) from the boundary of the pump station. . . .
The Notice alleged that Respondent violated 49 C.F.R. § 195.262(d) by failing to install pumping
equipment at least 50 feet from the boundary of the pump station. Specifically, the Notice
alleged that Wheatland’s Point of Ending (POE) pump station was installed 25 feet from the
pumping station boundary, and Wheatland’s Point of Beginning (POB) pump station was
installed 12 feet from the pumping station boundary. The pipeline facility at issue is not an
offshore pipeline and the property on which the pump stations are installed is under the control
of Wheatland.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.262(d) by failing to install
pumping equipment at least 50 feet from the boundary of the pump station.
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 1 in the Notice for a violation of
49 C.F.R. § 195.262(d). 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. 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:
1. With respect to the violation of § 195.262 (Item 1), Respondent must:
a. b. Make modifications to the POB and POE facilities such that the pumping
equipment is installed at least 50 feet from the pump station boundary
controlled by Wheatland; and
Make the modifications required by this Compliance Order within 270 days
after receipt of this Final Order, but no later than November 1, 2018,
whichever comes first.
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.
It is requested (not mandated) that Respondent maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the total to the
Director. It is requested that these costs be reported in two categories: (1) total cost associated
with preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated



CPF No. 3-2017-6004
Page 3
with replacements, additions and other changes to pipeline infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), 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.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
March 29, 2018
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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