{"operation":"document","citation":"CPF 32025007NOPV","title":"VIKING GAS TRANSMISSION CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-06-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.22(c)(1)(i), 192.605(a), 192.907(a), 192.935(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025007nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025007nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025007nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32025007NOPV","body":"Notice of Probable Violation involving VIKING GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 191.22(c)(1)(i),  192.605(a),  192.907(a),  192.935(a). The case was opened on 2025-06-25 and is reported as closed as of 2025-12-30. Proposed civil penalty: $53,900. Assessed civil penalty: $53,900. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32025007NOPV_Closure Letter_12302025_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_Closure%20Letter_12302025_(23-264832).pdf\n\n32025007NOPV_Closure Letter_12302025_(23-264832)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_Closure%20Letter_12302025_(23-264832)_text.pdf\n\n32025007NOPV_Final Order_09262025_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_Final%20Order_09262025_(23-264832).pdf\n\n32025007NOPV_Final Order_09262025_(23-264832)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_Final%20Order_09262025_(23-264832)_text.pdf\n\n32025007NOPV_Operator Response to Notice_07252025_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_Operator%20Response%20to%20Notice_07252025_(23-264832).pdf\n\n32025007NOPV_PCP PCO_06252025_(23-264832).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_PCP%20PCO_06252025_(23-264832).pdf\n\n32025007NOPV_PCP PCO_06252025_(23-264832)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025007NOPV/32025007NOPV_PCP%20PCO_06252025_(23-264832)_text.pdf\n\n32025007NOPV_Closure Letter_12302025_(23-264832)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\n901 Locust Street, Suite 480\nKansas City, MO 64106\nVIA ELECTRONIC MAIL TO: david.slater@dtmidstream.com;\nchris.zona@dtmidstream.com; philip.coleman@dtmidstream.com;\npatrick.raichel@dtmidstream.com\nDecember 30, 2025\nDavid Slater\nPresident and Chief Executive Officer\nViking Gas Transmission Co.\n500 Woodward Ave., Suite 2900\nDetroit, Michigan 48226\nRE: CPF 3-2025-007-NOPV\nDear Mr. Slater:\nOn September 26, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Viking Gas Transmission Co. (VGT) a Final Order, pursuant to 49 CFR § 190.213, in\nthe above-referenced case. This Order included a Compliance Order and Civil Penalty assessment.\nBased on our review of the documentation provided and confirmation of payment of the civil\npenalty, it has been determined that VGT has complied with the terms of the 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,\nDavid Barrett\nActing Director, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Chris Zona, Chief Operating Officer, VGT, chris.zona@dtmidstream.com\nPhilip Coleman, Director, Code & Regulatory, VGT philip.coleman@dtmidstream.com\nPatrick Rachel, Manager Codes and Compliance, VGT, patrick.raichel@dtmidstream.com\n.\n\n32025007NOPV_Final Order_09262025_(23-264832)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 26, 2025\nVIA ELECTRONIC MAIL TO: david.slater@dtmidstream.com\nDavid Slater\nPresident and Chief Executive Officer\nViking Gas Transmission Co.\n500 Woodward Avenue, Suite 2900\nDetroit, Michigan 48226\nRe: CPF No. 3-2025-007-NOPV\nDear Mr. Slater:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $53,900, and specifies actions that need to be taken by\nViking Gas Transmission Co. to comply with the pipeline safety regulations. The penalty\npayment terms are set forth in the Final Order. When the civil penalty has been paid and the\nterms of the compliance order completed, as determined by the Director, Central Region, this\nenforcement action will be closed. Service of the Final Order by e-mail is effective upon the date\nof transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure\ncc: David Barrett, Acting Director, Central Region, Office of Pipeline Safety, PHMSA\nChristopher Zona, Chief Operating Officer, Viking Gas Transmission Co.,\nchris.zona@dtmidstream.com\nPhilip Coleman, DTM Director of Codes & Regulatory, Viking Gas Transmission Co.,\nphilip.coleman@dtmidstream.com\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 2\nPatrick Rachel, DTM Manager of Codes and Compliance, Viking Gas Transmission Co.,\npatrick.raichel@dtmidstream.com\nCONFIRMATION OF 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 )\nViking Gas Transmission Co., ) CPF No. 3-2025-007-NOPV\na subsidiary of DT Midstream, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom February 27 through October 16, 2023, pursuant to 49 U.S.C. § 60117, representatives of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Viking Gas\nTransmission Co. (VGT or Respondent) in Wisconsin and North Dakota. Respondent operates\nthe Viking Gas Transmission pipeline, which is a 674-mile bi-directional interstate gas pipeline\nthat serves utility customers in Minnesota, Wisconsin, and North Dakota.1\nAs a result of the inspection, the Acting Director, Central Region, OPS (Director), issued to\nRespondent, by letter dated June 25, 2025, a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice). In accordance with 49 CFR § 190.207, the\nNotice proposed finding that VGT had committed four violations of 49 CFR Part 192, proposed\nassessing a civil penalty of $53,900 for the alleged violations, and proposed ordering Respondent\nto take certain measures to correct the alleged violations. The Notice also included an additional\nthree warning items pursuant to 49 CFR § 190.205, which warned Respondent to correct the\nprobable violations or face possible future enforcement action.\nVGT responded to the Notice by letter dated July 25, 2025 (Response). Respondent did not\ncontest the allegations of violation but requested modifications to the proposed compliance order\nand that the proposed civil penalty be eliminated. Respondent did not request a hearing and\ntherefore has waived its right to one.\n1 DT Midstream, Viking Gas Transmission, https://dtmidstream.com/asset/viking-gas-transmission/ (last visited\nAug. 11, 2025).\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 2\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated 49 CFR\nPart 192, as follows:\nItem 3: The Notice alleged that Respondent violated 49 CFR § 192.907(a), which states:\n§ 192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered\npipeline segment must develop and follow a written integrity management\nprogram that contains all the elements described in § 192.911 and that\naddresses the risks on each covered transmission pipeline segment. The\ninitial integrity management program must consist, at a minimum, of a\nframework that describes the process for implementing each program\nelement, how relevant decisions will be made and by whom, a time line for\ncompleting the work to implement the program element, and how\ninformation gained from experience will be continuously incorporated into\nthe program. The framework will evolve into a more detailed and\ncomprehensive program. An operator must make continual improvements\nto the program.\nThe Notice alleged that Respondent violated 49 CFR § 192.907(a) by failing to follow its written\nintegrity management program. Specifically, the Notice alleged that VGT failed to determine the\ncorrosion growth rate to predict future metal wall loss for the Milaca Station 2217 to Osceola\nStation 2222 after a 2017 inline inspection (ILI).\nRespondent did not contest this allegation of violation. Accordingly, I find that Respondent\nviolated 49 CFR § 192.907(a) by failing to follow its written integrity management program.\nItem 4: The Notice alleged that Respondent violated 49 CFR § 192.907(a), which states:\n§ 192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered\npipeline segment must develop and follow a written integrity management\nprogram that contains all the elements described in § 192.911 and that\naddresses the risks on each covered transmission pipeline segment. The\ninitial integrity management program must consist, at a minimum, of a\nframework that describes the process for implementing each program\nelement, how relevant decisions will be made and by whom, a time line for\ncompleting the work to implement the program element, and how\ninformation gained from experience will be continuously incorporated into\nthe program. The framework will evolve into a more detailed and\ncomprehensive program. An operator must make continual improvements\nto the program.\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 3\nThe Notice alleged that Respondent violated 49 CFR § 192.907(a) by failing to follow its written\nintegrity management program. Specifically, the Notice alleged that VGT failed to document its\ndecisions not to investigate or remediate metal wall loss anomalies that exceeded 50%.\nRespondent did not contest this allegation of violation. Accordingly, I find that Respondent\nviolated 49 CFR § 192.907(a) by failing to follow its written integrity management program.\nItem 5: The Notice alleged that Respondent violated 49 CFR § 192.907(a), which states:\n§ 192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered\npipeline segment must develop and follow a written integrity management\nprogram that contains all the elements described in § 192.911 and that\naddresses the risks on each covered transmission pipeline segment. The\ninitial integrity management program must consist, at a minimum, of a\nframework that describes the process for implementing each program\nelement, how relevant decisions will be made and by whom, a time line for\ncompleting the work to implement the program element, and how\ninformation gained from experience will be continuously incorporated into\nthe program. The framework will evolve into a more detailed and\ncomprehensive program. An operator must make continual improvements\nto the program.\nThe Notice alleged that Respondent violated 49 CFR § 192.907(a) by failing to follow its written\nintegrity management program. Specifically, the Notice alleged that VGT failed to incorporate\nILI data regarding internal and external corrosion in its risk model.\nRespondent did not contest this allegation of violation. Accordingly, I find that Respondent\nviolated 49 CFR § 192.907(a) by failing to follow its written integrity management program.\nItem 6: The Notice alleged that Respondent violated 49 CFR § 192.907(a), which states:\n§ 192.907 What must an operator do to implement this subpart?\n(a) General. No later than December 17, 2004, an operator of a covered\npipeline segment must develop and follow a written integrity management\nprogram that contains all the elements described in § 192.911 and that\naddresses the risks on each covered transmission pipeline segment. The\ninitial integrity management program must consist, at a minimum, of a\nframework that describes the process for implementing each program\nelement, how relevant decisions will be made and by whom, a time line for\ncompleting the work to implement the program element, and how\ninformation gained from experience will be continuously incorporated into\nthe program. The framework will evolve into a more detailed and\ncomprehensive program. An operator must make continual improvements\nto the program.\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 4\nThe Notice alleged that Respondent violated 49 CFR § 192.907(a) by failing to develop and\nfollow a written integrity management program that contains all the elements described in 49\nCFR § 192.911. Specifically, the Notice alleged that VGT failed to develop procedures to\nidentify threats, conduct risk assessments, and evaluate the merits of additional preventive and\nmitigative measures to protect each covered segment as required by 49 CFR § 192.911(c).\nRespondent did not contest this allegation of violation. Accordingly, I find that Respondent\nviolated 49 CFR § 192.907(a) by failing to develop and follow a written integrity management\nprogram that contains all the elements described in 49 CFR § 192.911.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty exceeding\n$200,000 per violation for each day of the violation, with a maximum administrative civil\npenalty exceeding $2,000,000 for any related series of violations.2\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 CFR § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; any effect that the penalty may have on its ability to continue\ndoing business; the good faith of Respondent in attempting to comply with the pipeline safety\nregulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA.\nIn addition, I may consider the economic benefit gained from the violation without any reduction\nbecause of subsequent damages, and such other matters as justice may require.\nItem 5: The Notice proposed a civil penalty of $53,900 for Respondent’s violation of 49 CFR\n§ 192.907(a), for failing to follow its written integrity management program. Respondent argued\nthe proposed civil penalty should be withdrawn because it is related to conduct that occurred\nunder the prior owner. The Associate Administrator for Pipeline Safety has determined that a\ntransfer of ownership does not relieve the acquiring entity of civil penalties for violations of\npipeline safety laws or regulations committed under prior ownership.\n3 Moreover, PHMSA\nrecently emphasized in the July 17, 2025 memo, “Inspection and Enforcement Priorities,” that\n“safety and compliance obligations [] persist across transactions” and that any “enforcement\norders … remain applicable to the transferred pipeline and therefore become the responsibility of\n2 These amounts are adjusted annually for inflation. See 49 CFR § 190.223 for adjusted amounts.\n3 Western Refining Pipeline, LLC, a subsidiary of Marathon Petroleum Corp., CPF No. 4-2018-5014, 2019 WL\n6840345, at *2 (July 12, 2019) (“Further, the fact that Andeavor acquired Western after PHMSA’s inspection does\nnot absolve either entity from culpability for violations of the Pipeline Safety Regulations.”).\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 5\nthe buyers as part of the transaction process.”4 Respondent did not otherwise contest the Item 5\nallegation of violation or any of the statutory civil penalty assessment factors. I therefore find no\nreason to reduce or withdraw the proposed civil penalty. Accordingly, having reviewed the\nrecord and considered the assessment criteria, I assess Respondent a civil penalty of $53,900 for\nviolation of 49 CFR § 192.907(a).\nPayment of the civil penalty must be made within 20 days after receipt of this Final Order.\nFederal regulations (49 CFR § 89.21(b)(3)) require such payment to be made by wire transfer\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U.S.\nTreasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City,\nOklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U.S.C. § 3717, 31 CFR § 901.9 and 49 CFR § 89.23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in\nreferral of the matter to the Attorney General for appropriate action in a district court of the\nUnited States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 3, 4, and 6 in the Notice for\nviolations of 49 CFR §§ 192.907(a), 192.907(a), and 192.907(a), respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601.\nWith regard to the violation of section 192.907(a) (Item 3), Respondent requested that it provide\nthe DT Midstream Transmission Integrity Management Program to satisfy this corrective\nmeasure instead of amending the procedure used by the prior owner and referenced in the Notice.\nRespondent also requested an additional 90 days to complete this corrective measure. I find that\nthe proposed modification is reasonable, however the time extension is not necessary at this time.\nParagraph 4 of the Compliance Order directs the Respondent to provide a status update if the 90-\nday deadline is not achieved.\nWith regard to the violation of section 192.907(a) (Item 4), Respondent requested an additional\n180 days to complete the corrective measure. I find that the time extension is not necessary at\nthis time. Paragraph 4 of the Compliance Order directs the Respondent to provide a status update\nif the 90-day deadline is not achieved.\n4 PHMSA, Inspection and Enforcement Priorities, at 7 (July 17, 2025), https://www.phmsa.dot.gov/regulatory-\ncompliance/phmsa-guidance/phmsa-pipeline-safety-inspection-and-enforcement-priorities.\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 6\nWith regard to the violation of section 192.907(a) (Item 6), Respondent requested an additional\n90 days to complete the corrective measure. I find that the time extension is not necessary at this\ntime. Paragraph 4 of the Compliance Order directs the Respondent to provide a status update if\nthe 90-day deadline is not achieved.\nFor the above reasons, the Compliance Order is modified as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered\nto take the following actions to ensure compliance with the pipeline safety regulations applicable\nto its operations:\n1. With respect to the violation of section 192.907(a) (Item 3), Respondent must\nsubmit its integrity management program that does not allow for an unverified zero-\npercent growth rate to the Director within 90 days of receipt of the Final Order.\n2. With respect to the violation of section 192.907(a) (Item 4), Respondent must\nsubmit to the Director 1) a run comparison from the 2017 ILI run and the 2024 ILI\nrun for the Milaca to Osceola segment and 2) an evaluation of each anomaly listed in\nthe DI Form Table included under Item 5 for the Ada to Frazee segment and the\nFrazee to Cushing segment within 90 days of receipt of the Final Order.\n3. With respect to the violation of section 192.907(a) (Item 6), Respondent must\nsubmit procedures conforming with the requirements of 49 CFR § 192.911 within 90\ndays of receipt of the Final Order.\n4. If any of the corrective measures in paragraphs 1-3 extend beyond 90 days to\ncomplete, Respondent must submit to the Director on the 90th day a report on all\noutstanding work necessary to implement each corrective measure. Respondent must\nsubmit follow-up reports to the Director every 90 days thereafter until all work\nnecessary to implement each corrective measure is completed.\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.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nexceeding $200,000, as adjusted for inflation (see 49 CFR § 190.223 for adjusted amounts), for\neach violation for each day the violation continues or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\n\n\n\nCPF No. 3-2025-007-NOPV\nPage 7\nWARNING ITEMS\nWith respect to Items 1, 2, and 7, the Notice alleged probable violations of Parts 191 and 192,\nbut identified them as warning items pursuant to section 190.205. The warnings were for:\n49 CFR § 191.22(c)(1)(i) (Item 1) ─ Respondent’s alleged failure to notify\nPHMSA not later than 60 days before commencing construction that costs $10\nmillion or more;\n49 CFR § 192.605(a) (Item 2) ─ Respondent’s alleged failure to follow its a\nmanual of written procedures for conducting operations and maintenance\nactivities and for emergency response; and\n49 CFR § 192.935(a) (Item 7) ─ Respondent’s alleged failure to take additional\nmeasures beyond those already required by Part 192 to prevent a pipeline failure\nand to mitigate the consequences of a pipeline failure in a high consequence area.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\nUnder 49 CFR § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 CFR § 190.243. The filing of a\npetition automatically stays the payment of any civil penalty assessed. The other terms of the\norder, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 CFR § 190.5.\n___________________________________ __________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":23408}