# DAKOTA MIDSTREAM — Warning Letter

- **operation:** document
- **citation:** CPF 320176008W
- **title:** DAKOTA MIDSTREAM — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2017-09-01
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 195.402(a), 195.402(d)(5), 195.404(b)(2), 195.428(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320176008w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320176008w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320176008w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320176008W
**body:**

Warning Letter involving DAKOTA MIDSTREAM. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(d)(5),  195.404(b)(2),  195.428(a). The case was opened on 2017-09-01 and is reported as closed as of 2017-09-01. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320176008W_Warning Letter_09012017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176008W/320176008W_Warning%20Letter_09012017.pdf

320176008W_Warning Letter_09012017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176008W/320176008W_Warning%20Letter_09012017_text.pdf

320176008W_Warning Letter_09012017_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
September 1, 2017
Heath Norman, CEO
Dakota Midstream
1400 Wewatta Street, Suite 310
Denver, CO 80202
CPF 3-2017-6008W
Dear Mr. Norman:
On November 28 through December 2, 2016, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code
inspected Dakota Midstream, near Alexandria, North Dakota.
As a result of the inspection, it is alleged that you have committed Probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violation(s) are:
1. §195.404 Maps and records.
(b) Each operator shall maintain for at least 3 years daily operating records that
indicate—
(2) Any emergency or abnormal operation to which the procedures under
§195.402 apply.



§195.402 Procedures manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies.
(d) Abnormal operation. The manual required by paragraph (a) of this
section must include procedures for the following to provide safety when
operating design limits have been exceeded;
(5) Periodically reviewing the response of operator personnel to determine
the effectiveness of the procedures controlling abnormal operation and
taking corrective action where deficiencies are found.
Dakota Midstream failed to document an abnormal operation review when an
abnormal operation occurred at the Spackler Station during an area wide power outage.
2. §195.428 Overpressure safety devices and overfill protection systems.
(a) …, each operator shall, at intervals not exceeding 15 months, but at least once
each calendar year, … inspect and test each pressure limiting device, relief valve,
pressure regulator, or other item of pressure control equipment to determine that
it is functioning properly, is in good mechanical condition, and is adequate from
the standpoint of capacity and reliability of operation for the service in which it is
used.
Dakota Midstream had no record of inspection on its overpressure safety device. No
inspection record for its 8” flow control valve for calendar year 2015 was available for
review.
As of April 27, 2017, under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil
penalty not to exceed $209,002 per violation per day the violation persists up to a maximum of
$2,090,022 for a related series of violations. We have reviewed the circumstances and
supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to correct
the items identified in this letter. Failure to do so will result in Dakota Midstream being subject
to additional enforcement action.
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No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 3-2017-6008W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any portion
of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along
with the complete original document you must provide a second copy of the document with
the portions you believe qualify for confidential treatment redacted and an explanation of why
you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
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