{"operation":"document","citation":"CPF 420135016","title":"WILLIAMS OLEFINS FEEDSTOCK PIPELINES, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-08-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.49, 195.64, 195.64(b), 195.64(c)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135016","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420135016","body":"Notice of Probable Violation involving WILLIAMS OLEFINS FEEDSTOCK PIPELINES, LLC. PHMSA's enforcement data identifies the cited regulations as 195.49,  195.64,  195.64(b),  195.64(c)(2),  60132(a)(1). The case was opened on 2013-08-14 and is reported as closed as of 2015-10-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420135016_Closure Letter_10132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_Closure%20Letter_10132015.pdf\n\n420135016_Closure Letter_10132015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_Closure%20Letter_10132015_text.pdf\n\n420135016_Final Order_03202014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_Final%20Order_03202014.pdf\n\n420135016_Final Order_03202014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_Final%20Order_03202014_text.pdf\n\n420135016_NOPV PCO_08142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_NOPV%20PCO_08142013.pdf\n\n420135016_NOPV PCO_08142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_NOPV%20PCO_08142013_text.pdf\n\n420135016_Operator Response to Notice_09092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135016/420135016_Operator%20Response%20to%20Notice_09092013.pdf\n\n420135016_Closure Letter_10132015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 13, 2015\nMr. Alan Armstrong\nPresident, Chief Executive Officer\nWilliams Olefins Feedstock Pipelines, LLC\nOne Williams Center\nTulsa, Oklahoma 74172\nCPF 4-2013-5016\nDear Mr. Armstrong:\nOn March 20, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Williams Olefins Feedstock Pipelines, LLC a Final Order in the above-referenced case.\nThis Order included a Compliance Order. Based on our review of the documentation you\nprovided, it 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,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420135016_Final Order_03202014_text.pdf\n\nMARCH 20, 2014\nMr. Keith Montgomery\nVice President\nWilliams Olefins Feedstock Pipelines, LLC\nThe Williams Companies, Inc.\nOne Williams Center\nTulsa, Oklahoma 74172\nRe: CPF No. 4-2013-5016\nDear Mr. Montgomery:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Williams Olefins Feedstock Pipelines,\nLLC, to comply with the pipeline safety regulations. When the terms of the compliance order\nhave been completed, as determined by the Director, Southwest Region, this enforcement action\nwill be closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R. M. Seeley, Southwest Region Director, OPS\nMr. Alan S. Armstrong, President, The Williams Companies, Inc.\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 )\nWilliams Olefins Feedstock Pipelines, LLC, ) CPF No. 4-2013-5016\n)\n)\n)\nRespondent. )\n_________________________________________ )\nFINAL ORDER\nBetween September 2012 and August 14, 2013, Williams Olefins Feedstock Pipelines, LLC\n(Williams or Respondent), filed certain reports about its operations with the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and was\nrequired to file certain other reports and other information with the agency. Pursuant to Chapter\n601 of 49 United States Code, PHMSA has reviewed the reports and notifications that Williams\neither provided or was required to provide to PHMSA during such period. Williams, a wholly-\nowned subsidiary of Williams Partners, LP, operates approximately 158 miles of pipelines in the\nstates of Texas and Louisiana.1\nAs a result of this review, the Director, Southwestern Region, OPS (Director), issued to\nRespondent, by letter dated August 14, 2013, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Williams had committed\nvarious violations of 49 C.F.R. Part 195 and 49 U.S.C. § 60132 and proposed ordering\nRespondent to take certain measures to correct the alleged violations. The warning item required\nno further action but warned the operator to correct the probable violation or face possible\nenforcement action.\nWilliams responded to the Notice by letter dated September 9, 2013 (Response). The company\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\n1 See Pipeline Safety Violation Report (Violation Report), (August 14, 2013) (on file with PHMSA), at 1.\n\n\n\n2\nFINDINGS OF VIOLATION\nWilliams did not contest the allegations in the Notice, that it violated 49 C.F.R. Part 195 as\nfollows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.49, which states:\n§ 195.49 Annual report.\nEach operator must complete and submit DOT Form PHMSA F 7000-\n1.1 for each type of hazardous liquid pipeline facility operated at the end\nof the previous year. An operator must submit the annual report by June\n15 each year, except that for the 2010 reporting year the report must be\nsubmitted by August 15, 2011. A separate report is required for crude oil,\n[highly volatile liquid (HVL)] (including anhydrous ammonia), petroleum\nproducts, carbon dioxide pipelines, and fuel grad ethanol pipelines. For\neach state a pipeline traverses, an operator must separately complete those\nsections on the form requiring information to be reported for each state.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.49 by failing to submit DOT Form\nPHMSA F 7000-1.1 for each type of hazardous pipeline facility operated by Williams at the end\nof the previous year. Specifically, it alleged that Williams failed to provide complete and\naccurate information to PHMSA regarding its highly volatile liquid (HVL) assets for the 2012\nCalendar Year. According to the Notice, the company allegedly failed to accurately report the\nnumber of new interstate HVL pipeline miles it acquired from Mobil Pipe Line Company in\n2012 and running from Iowa, Louisiana, to Neches, Texas.\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. § 195.49 by failing to submit DOT\nForm PHMSA F 7000-1.1 for each type of hazardous pipeline facility operated by Williams at\nthe end of the previous year.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.49, as quoted above, by\nfailing to submit DOT Form PHMSA F 7000-1.1 for each type of hazardous liquid pipeline\nfacility operated at the end of the previous year. Specifically, it alleged that Williams failed to\nprovide complete and accurate information to PHMSA regarding all of its HVL assets for the\n2012 Calendar Year. According to the Notice, the company allegedly failed to accurately report\nthe total number of interstate HVL pipeline miles it owned in Texas, in 2012. Without any\nchange to its facilities or operations, Williams allegedly reported owning only 21 miles of HVL\npipeline, while in 2011 it reported owning 62 miles.\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. § 195.49 by failing to submit DOT\nForm PHMSA F 7000-1.1 for each type of hazardous liquid pipeline facility operated at the end\nof the previous year.\n\n\n\n3\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.49, as quoted above, by\nfailing to submit DOT Form PHMSA F 7000-1.1 for each type of hazardous liquid pipeline\nfacility operated by Williams at the end of the previous year. Specifically, it alleged that\nWilliams failed to provide complete and accurate information to PHMSA regarding its refined\nand/or petroleum product (non-HVL) assets for the 2012 Calendar Year. According to the\nNotice, the company allegedly failed to accurately report the number of new interstate pipeline\nmiles it acquired in 2012 from Explorer Pipeline Company, running from Lake Charles,\nLouisiana, to Port Arthur, Texas.\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. § 195.49 by failing to submit DOT\nForm PHMSA F 7000-1.1 for each type of hazardous liquid pipeline facility operated at the end\nof the previous year.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 195.64(b), which states:\n§ 195.64 National Registry of Pipeline and LNG Operators.\n(a)…\n(b) [Operator Identification Number (OPID)] validation. An operator\nwho has already been assigned one or more OPID by January 1, 2011,\nmust validate the information associated with such OPID through the\nNational Registry of Pipeline and LNG Operators at\nhttp;//opsweb.phmsa.dot.gov, and correct that information as necessary, no\nlater than June 30, 2012.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.64(b) by failing to validate the\ninformation associated with the company’s OPID through the National Registry of Pipeline and\nLNG Operators, and correct that information as necessary, but no later than June 30, 2012.\nSpecifically, the Notice alleged that Williams failed to accurately update its Operator Contact\nInformation, naming only one individual, with the same phone number, for the following\nfunctions: the DA Administrator; DOT Compliance; the Emergency Contact 24-7; the Executive;\nNormal Operations; NPMS; and User Fee. The Notice further alleged that Williams failed to file\nthe required information until September 24, 2012, roughly three months past the June 2012\ndeadline.\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. § 195.64(b) by failing to validate the\ninformation associated with the company’s OPID through the National Registry of Pipeline and\nLNG Operators, and correct that information as necessary, but no later than June 30, 2012.\nItem 5: The Notice alleged that Respondent violated 49 C.F.R. § 195.64(c)(2), which states, in\nrelevant part:\n§ 195.64 National Registry of Pipeline and LNG Operators.\n(a) …\n(c) Changes. Each operator must notify PHMSA electronically\n\n\n\n4\nthrough the National Registry of Pipeline and LNG Operators at\nhttp;//opsweb.phmsa.dot.gov, of certain events:\n(1) …\n(2) An operator must notify PHMSA of any following event not later\nthan 60 days after the event occurs:\n(i) …\n(iv) The acquisition or divestiture of 50 or more miles of pipeline or\npipeline system subject to this part;. . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.64(c)(2) by failing to notify\nPHMSA electronically through the National Registry of Pipeline and LNG Operators of the\nacquisition or divestiture of 50 or more miles of pipeline subject to Part 195, within 60 days of\nsuch an event. Specifically, the Notice alleged that Williams failed to report its acquisition of\n50.4 miles of pipeline from Explorer Pipeline Company in August 2012. According to the\nNotice, Williams failed to file the electronic notification until February 5, 2013, roughly six\nmonths after the acquisition occurred, and then incorrectly noted the acquisition date as being\nOctober 4, 2012.\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. § 195.64(c)(2) by failing to notify\nPHMSA electronically through the National Registry of Pipeline and LNG Operators of the\nacquisition or divestiture of 50 or more miles of pipeline subject to Part 195, within 60 days of\nsuch an event.\nItem 7: The Notice alleged that Respondent violated 49 U.S.C. § 60132, which states, in relevant\npart:\n49 U.S.C. § 60132 National pipeline mapping system.\n(a) Information to be provided. - Not later than 6 months after the date\nof enactment of this section, the operator of a pipeline facility (except\ndistribution lines and gathering lines) shall provide to the Secretary of\nTransportation the following information with respect to the facility:\n(1) Geospatial data appropriate for use in the National Pipeline\nMapping System or data in a format that can be readily converted to\ngeospatial data. . . .\n(b) Updates. - A person providing information under subsection (a)\nshall provide to the Secretary updates of the information to reflect changes\nin the pipeline facility owned or operated by the person and as otherwise\nrequired by the Secretary.\nThe Notice alleged that Respondent violated 49 U.S.C. § 60132 by failing to update geospatial\ndata regarding its 2012-acquired pipelines to the National Pipeline Mapping System (NPMS), to\nreflect changes in the facilities owned or operated by the company. Specifically, the Notice\nalleged that Williams failed to timely update its mapping information to include 50.4 miles of\ninterstate pipeline it acquired from Explorer Pipeline Company, running from Lake Charles,\nLouisiana, to Port Arthur, Texas, and 55 miles of interstate pipeline it acquired from Mobil Pipe\n\n\n\n5\nLine Company, running from Iowa, Texas, and Neches, Louisiana.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 U.S.C. §60132 by failing to submit to the\nNPMS accurate geospatial data regarding the pipeline facilities Williams acquired in 2012.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, 3, 4, 5, and 7 in the Notice\nfor violations of 49 C.F.R. §§ 195.49, 195.64(b) and 49 U.S.C. 60132, respectively. Under\n49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. The Director has indicated that Respondent has taken the following actions\nto address the cited violations in the Notice for Items 1, 2, 3, 4, and 5:\nOn September 9, 2013, Williams filed a supplemental Annual Report for Calendar\nYear 2012, updated its Operator Contact information, and provided a new Acquisition\nNotification.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice for Items 1, 2, 3, 4, and 5 are not\nincluded in this Order.\nAs for the remaining compliance terms, pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of 49 U.S.C. § 60132(a)(1) (Item 7): Williams must\nreview its NPMS submittal, correct the inaccuracies, and resubmit to PHMSA its\nupdated geospatial data within 30 days after receipt of the Final Order.\n2. It is requested (not mandated) that Williams maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to R.M. Seeley, Director, Southwest Region, Pipeline and Hazardous Materials\nSafety Administration. It is requested that these costs be reported in two categories:\n1) total cost associated with preparation/revision of plans, procedures, studies and\nanalyses; and 2) total cost associated with replacements, additions and other changes\nto pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\n\n\n\n6\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEM\nWith respect to Item 6, the Notice alleged a probable violation of Part 195 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 195.64 (Item 6) ─ Respondent’s alleged failure to timely submit an\nAcquisition Notification within 60 days after it purchased a 55-mile, 6-inch\ninterstate NGL pipeline running from Iowa, Louisiana, to Neches, Texas.\nIn response to this Item, Williams presented information showing it had submitted updated\ngeospatial data to NPMS on September 9, 2013, to address the cited item. If OPS finds a\nviolation of this provision in a subsequent inspection, Respondent may be subject to future\nenforcement action.\nThe terms and conditions of this Final Order are effective upon receipt of service.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":17838}