{"operation":"document","citation":"CPF 520040007","title":"WBI ENERGY TRANSMISSION, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-08-31","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.161(a), 192.481, 192.491(c), 192.605(b), 192.615(a)(8), 192.615(b)(3), 192.731(a), 192.739(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520040007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520040007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520040007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520040007","body":"Notice of Probable Violation involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192,  192.161(a),  192.481,  192.491(c),  192.605(b),  192.615(a)(8),  192.615(b)(3),  192.731(a),  192.739(d). The case was opened on 2004-08-31 and is reported as closed as of 2006-10-12. Proposed civil penalty: $8,000. Assessed civil penalty: $8,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520040007_Final Order_04062005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520040007/520040007_Final%20Order_04062005.pdf\n\nCPF_NO_5-2004-0007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520040007/CPF_NO_5-2004-0007.pdf\n\n520040007_Final Order_04062005.pdf\n\nu.s. DepaTmeflt\nof TrOnsPOffotlon\nPIpeline and\nHa%G'dOUI Mmeltms\nAdmlnl\", w;-~\n.. ~-;;-. -- 8.W.\n-:-~wI-.. D.C. ~\nAPR -6 m\nMr. Tony J. FiDDemIn\nExecutive Vice President\nWilliston Basin Intentate Pipeline\nP.O. Box 5601\nB~~ ND S8S06-S601\nCmI.-ay\nRE: CPF No. S-2004-0007\nDe.' Mr. FiDDemm:\nEDCk»8ed is the FiDaI Order i-..ed by the AJlC»Ciate Adminiltrltor fcw: Pipeline Safety in the\nabove-refereaa:-ecI cue. It mak~ fiDdinp of violation, UIaseI . civil penalty of S8.(XX), makes a\nfindina of inadequate procedures and requires amendment of certain operating and maintenance\nprocedures. The Final Order also apecifi~ actions to be taken to comply with the pipeline safety\nregulations aIMf revision of certain oper'8bng aIMf maintalllM:e P~\\Ire5. The penalty paymmt\nterml8'e let fcxth in the Final (kder. Wba1 the civil pCllaity is paid aIxt the tams of the compliance\norder and lmaMlment ofprocedlU8 8e completed, 18 determined by the~. Western Region.\nthis enforcement action will be cloled. Your receipt of the Final Order constitutes service of that\ndocument \\mder 49 C.F .R. § 190.S.\nSiIK:~lYt\nL;~ft~~~:~~.)...i4 J -- ReylM)Id8\nr \"Pipe) iDe ~~ Reliltry\nOffice of Pipeline Safety\n~1OIUre\n~:\nChris Ho~ Reaioa Directcx'\nWestern Region, OPS\nCF.RTI:nF.D MAIL - RETURN RECEIPT UO~D\n\n\n\nDEP ARTMENT OF TRANSPORT A TION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nW ASWNGTON, DC 20590\nIn the Matter of\n\\\\I'illiston Basin Interstate Pipeline COmpaD}',\nRespondent.\n)\n)\n)\n)\n)\nCPF No. 5-2004-0007\nFINAL ORDER\nOn October 20-23,2003 and December 8-11, 2003, pursuant to 49 V.S.C. § 60117, representatives\nof the Office of Pipeline Safety (OPS), Western Region, conducted an on-site pipeline safety\ninspection of Respondent's Baker District and Glendive District facilities and records in Montana.\nAs a result of the inspection, the Dircctor, Western Region, OPS, issued to R~pondent, by letter\ndated August 31, 2004, a Notice of Probable Violatio~ Prop'osed Civil Penalty. Proposed\nCompliance Order. and Notice of Amendment (Notice»). In accordance with 49 C.F.R. § 190.207,\nthe Notice proposed finding that Respondent had violated 49 C.F .R. Part 192. proposed assessing\na civil penalty of 58,000 for the alleged violations and proposed that Respondent take certain\nmeasures to correct the alleged violations. The Notice also proposed, in Kcordance with 49 C.F.R.\n§ 190.237, that Respondent amend its procedures for Operatio~ Maintenance, and Emergencies.\nRespondent responded to the Notice by letter dated, September 27, 2004 (Response). Respondent\ndid not contest the allegations of violation but offered an explanation and provided infonnation\nconcerning the corrective actions it has taken. Respondent did not request a hearing. and therefore\nhas waived its right to one.\nFINDINGS OF VIOLADON\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I find\nthat Rmpondent violated the following sections of 49 C.F .R. Part 192, as more fully described in the\nNotice:\n'This cue, however, is DO 1OJIgcr before RSPA for deciaioa. E~ FcbIuIry 20, 2005, ~ PipetiJle and\nHIZanbJI MateriaJa Safety AdmiDi8llation (PHMSA) was created to fm1ber the biII-t degree of safety in pipeline\ntraasportation aMi J.zIrdou8 a8tcria1s U---I\"'~tion. See, section 1 08 of die N~ Y. MiDeta Relearch and\nSpecia1 Pro~ ~VCDZDt Act (Public Law 108-426, 118 Stat. 2423-2429 (Novmmer 30,2004». See alao,10\nFed. Reg. 8299 (Febmary IS, 2003) rede)~ dE p~liDt 8fr,1y ~OIII to - ~~~tor, PHMSA.\n\n\n\n.2\n49 C.F.R. § 192.161(a) - failing to properly anchor or support the meter set at the\nFairview city gate, as the gate was not fastened to any supports and was resting on\nbricks. In addition, the meter set support at the Richey border station was WlStable\nand the bypass piping at both the Richey and Wolf Point border stations was resting\ndirectly on the ground and not adequately supported;\n49 C.F.R. § 192.463 - failing to maintain a record in sufficient detail to demonstrate\nthe adequacy of corrosion control measures or that a COfi{)8ive condition does not\nexist, as a determination could not be made how voltage (IR) drops other than those\nacross the structure electrolyte boundary were being considered for valid\ninterpretation of the voltage measurement. Respondent's cathodic protection\nmonitoring records also lacked sufficient detail to detemline the adequacy of the\nexternal corrosion control measures;\n49 C.F.R. § 192.731(a) -- failing to test and inspect various pressure relief valves at\nthe Vida Station once each calendar year not to exceed 15 months and failure to\noperate the valves periodically to determine that they open at the Con-ect set pressure;\n49 C.F.R. § 192. 739( a) - (d}-- failing to test and inspect, once each calendar year not\nexceeding 15 months, the regulators that reduce transmission line pressure for the\ncontroller/instrument gas system service line and the private residence service line\nat the Hathaway Station. Respondent also failed to test and inspect the Unit 7\nshutdown panel in the Baker compressor station during 2002;\n49 C.F .R. § 192.605 (b}-- failing ,\nto have adequate procedures: 1) to specify at what\ninterval atmospheric corrosion\nmonitoring mustocc urring, 2) to provide instructions\nfor taking appropriate course\nof actions concerning changes in class locatio~ leakage\nhistory, corrosion, substantial\nchanges in CP requirements, and other unusual\noperating and maintenance\nconditions, 3) to instruct the operator what to do if a\nsegment ofpipeline\nis detennined to be in unsatisfactory condition but no immediate\nhazard\nexists, 4) to include remedial actions to be taken should a segment ofpipeline\nbecome\nunsafe, and 5) to direct personnel as to which records must be maintained\nand for what period of time those records shall be retained, as required by 49 C.F.R.\n§ 192.613;\n49 C.F.R. § 192.61S(a) - failing to have adequate procedures to provide for\nnotification of appropriate fire, police, and other public officials of gas pipeline\nemergencies. Respondent's procedures also failed to include direction for\ncoordinating both the planned and actual responses during an emergency with the\nabove groups;\n49 C.F.R. § 192.61 S(b) - failing to have adequate procedures to direct responsible\npersomtel to obtain emergency training and to identify the frequency in which\nemergency training will be given.\n\n\n\n,\nThese findings of violation\nwill be\ntaken against RI\n~spondent\nprior offenses in any subsequent enforcement action\nASSESSMENT OF PENAL TV\n-\nUnder 49 U.S.C. § 60122, Respondent is subject to a civil\npenalty\nto exceed $100,~ per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n49 V.S.C. § 60122 and 49 C.F.R. § 190.225 require that, in deternlining the amount of the civil\npenaJty, I consider the following criteria: nature, circumstances, and gravity oftbe violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenaJty, good faith by Respondent in attempting to Khieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice ~eed\n192.739.\na total civil penaltyof $8,000 for violation\nof 49 C.F.R.. It 192.731 aDd\nThe Notice proposed a civil penalty of $6,000 for Item 4, as Respondent failed to test and inspect\nvarious pressure relief valves at the Vida Station once each calendar year, not to exceed 15 months.\nRespondent also failed to opm'ate the valves periodically to detennine that the valves open at the\nco~t set pressure. Respondent did not contest the allegation. In its response, Respondent\nacknowledged that the pressure relief valves were not tested and inspected at the required interval\ndue to oversight by Respondent's personnel Documentation is essential not only to show that the\nperformance testing and inspection was conducted. but to show that the pressure relief valves are\nfunctioning properly. Without this history. an operator increases the risk ofharm to the public. The\nVida Station is a remotely located facility. If this station were to go off line it could in~\ndownstream customers and create a public safety concern during the harsh winter months. The\nRespondent has not shown any circumstance that would have prev~ted or justified its failure to test\nand inspect various pressure relief valves once each calendar year not to exceed 15 months.\nAccordingly, having reviewed the record and considered the assessment criteria, I assessed\nRespondent a civil penalty of $6.000.\nThe Notice proposed a civil penalty of $2,000 for Item Sb, as Respondent failed to test and inspect.\nonce each calendar year not exceeding 15 months. the regulators that reduce transmission line\npressure for the controUer/instnlment gas system service line and the private residence service line\nat the Hathaway Station. Respondent also failed to test and ~ the Unit 7 shutdown panel in the\nBaker compressor station during 2002. Respondent did not contest the allegation. In fact.\nRespondent acknowledged that the inspection and testing of the Unit #7 shutdown panel was not\nconducted at the required interval. Documentation is essential not only to show that the perfonnance\ntesting and inspection was conducted. but to show that the Unit #7 shutdown panel is functioning\nproperly. Without this history. an operator increases the risk ofbann to its personnel and the public.\n\n\n\n4\nIf the service line were to receive high preuure gas. a release could result in death or injury. The\nRespondent bII not shown my MUmItaDCe that would have prevented or justified it! failure to test\naM iI~ It the required interval. Accordingly t having reviewed the r=xd and coosidcral ~\nIaeSSment criteria, I ~~1 RespoIKiait a civil penalty of ~(XX).\nPl)mellt of the civil ptmIty must be made within 20 days of service. Pa)malt may be m.Ic by\nsending a ceI1ified cb~k or money order (containing the CPF Number for this cue) payable to \"U.S.\nDeplrtmmt ofTransportation\" to the F ederaJ Aviation Administration, Mike Momoney Aeronautical\nCmter, FinlDcial aperabODI Division (AMZ-120), P.O. Box 25082, OklaOOma City, OK 73125.\nF edcraI regullti ODS (49 C.F.R. § 89.21 (b X 3 » aJm pami t this paymad to be made by wire traDSfa'.\nthrough the F edera1 Reserve Communicati~ System (F edwire). to the KCount of the u. S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire tranlfen should be\ndirected to: Financial ~tiona DiviliOD (AMZ-120), Feda'a1 Aviation Administration. Mike\nM ~ Aaonautical Ceat«. P.O. Box 15082. ~ ~ City. OK 73 125; (40S) 954-8893.\nt-Ulure to pay b ~,UOO CIVIl peaaIty WID I81it m ~ of mterat at b Cm1aIt InnuaJ rate ID\nFailure to pay the $8,000 civil penalty win rCIU1t in accrual of interest at the current annual rate in\n- - - - -. --- - --- - ..- --- --- -- - .\naccordance with 31 V.S.C. § 3717,31 C.F .R. § 901.9 arxI49 C.F.R. § 89.23. Pursumt to those same\nauthorities, a late penalty chlrge of six percent (6%) per annum will be charged if payment is Dot\nmade within 110 days of Ia\"Vice. F\\Dtbermore, failure to pay the civil penalty may result in referral\noftbe m~~ to the Attorney GsIrnl for ippr+~.ate Kbon in a United States Dimict Court\nCOMPLIANCE ORDER\nThe Notice ~opc.ect a compJialx:e order with reIpect to ltaII8\nviolations 0(49 C.F.R. II 192.161(a), 192.463(1), IDd 192.739.\n1. 2. IIxI Notice for\nSa, in the\nUDder.9 U.S.C. § 60118(.), eKh IJerMlU who en~ in the transpor~~on of gas or who owns or\noperates a pipeline facility ia required to comply with the applicable safety standards establilbed\nunder chapter 601. Pursuant to the authority of 49 U.S.C. § 6O118{b) and 49 C.F.R. § 190.217,\nRelpCMxIaIt is ordered to tIke the following actions to aI8IU'e compliance with the pipeline safety\nregu1ati~ ~Iicable to ita operations. ReIpoIKialt mUII-\nI.\nWith regards to Itmlt of the Notice. provide adequate support to the meter sets-\nexposed piping at the Fairvicw city gate and the Richey aJKI Wolf Point 00rder\nstations.\n2.\nInspect aU other city gates and bcxder Itations to cnsure there is adequate support to\nall meter sets and exposed piping. Where IuppaIt deficiencies are found. provide\nadequate support.\n3.\nEstablish uxI implement a method of recording catlx)djc protection (CP) survey\nmeasurements that will indicate the criteria used to detennine ifmeuu rements are\nadequate. The record must have sufficient infonnation to determine if individual\nmeasuremalts taken meet required criteriL\n\n\n\n5\n4.\nComp I de a CP Iurvey that\nindicates the criteria used.\ntakes (IR\nvoltage drops IImI- ) into KCOUD t and that\nSo With regilds to Item S. of the Notice, inspect and test IboIe regulators at the\nHathaway station that reduce line pressures for the instrument/control gas service line\nand the private residence service line.\n6. Maintain documentation of the costs 88)cjated with completing each item in this\ncompliance order and submit the total to the Director. OPS. W estern Regio~ within\n60 days ofrccei pt of the Final Order.\n1. Within 60 days of~eipt of tile Final Order, !lJbmit ck)Cwnentatioo IIxt evidence of\nthe completion of all actiODl in this compliance order to the Director, OPS, Western\nRegion, Pipeline aOO Hazank)us Materials Safety Adminiltration, 12300 West\nDakota A Value, Suite 11O, Lakewood. Colorado 80228.\nThe DiIKta', OPS, Westan RC8jon may IrInt an extension of time for comp~ terms ofthia order for good cauH. A request for an extension must be in writing.\nwith any of the\nAMENDMF.NT OF PR~DURES\nThe Notice alleged ~uaciea in ReIpoIldeDt'lOpcn bons,Mai ~ 8IMtEmer gel'M:iea Maual\nand proposed to require Irnendmcnt of Respondent'l procedura to comply with the requirements\nof 49 C.F.R. § 192.605. RCIpoIxlmt did not contest the proposed Notice of Amendment.\nAccordjnaJy, I find that Rapolxlellts JXOCedma lie iu.lalu8e to aISIR safe operation of its\npipeline system. Punuant to 49 V.S.C. § 601 08(a) and 49 C.F.R. § 190.237. ReIpOItdent is ordercd\nto make the following revisions to its procedures. Respondent must -\nt.\nAmend\nto ~fy at what intervalltlDospiaic corrosion monitoring\npI'(M:edura must\noccur.\n2.\nAmeDd procedures to include instnM:~ for taking 8j\"jijrop-nate Ktions ~in8\nchanges in class locatio~ failures, leak. history, corrosion, substantial changes in\nCP requirements, and other unusual operating and maintenance conditions.\n3.\nAmend procedures\nto iD8tluct pa'M)lDle) what to do if a segment of pipeline is\ndetermined to be in\nunsatilfKtory condition but no immediate hazard exiltl.\n4.\nArneod ploced~ to im\nto ilx:Judc remedial &1iona to be tam should . segmalt of\npipeline become unsafe.\ns.\nAmelxl procedlu. to direct perWiDlel . to which records must be maintained and\nfor what period of time thoee recordllba11 be retained.\n\n\n\n6\n6. Amend proceciula to adequately provide for ootificabon of ~~iate fire, p>lice,\nand other public officials of gal pipeline emerger1cies. Additionally. the procedures\nmust include sufficient directions for coordinating both the planned and actual\nresponses duriq 111 emergency widt fire, police, aIxt other public officials.\n1.\nAmend proceciula to direct ~Dle penoonel to provide emaJencY training.\nAdditionally. theproc edures must include the frequency in which emergency training\nwin be given.\n.. Submit die amCIIdcd procedures to the Reaic-.l ~.\nwithin 30 days following receipt of this Order.\nWestern Region, OPS\nThe Regional Dira:tor may extend the paiod for complying with my of the required items if the\nReapOlxleltt requests an extension and adequately justifies the reasons for the extension.\nFail1R to cauply widt this AID5:iu:~ may rauIt in the ~~l1eiit of civil penalties of up to\n5100.000 per violation per day, or in the referral of the cue for judicial enforcement.\nWARNING ITEMS\nThe Notice did oot propose a civil ~ty or OOiTQ;~ve ICtioo for 1te8 3 in the Notice; thet~f«ti.\nthese are considered warning items. Respondent is warned thIt ifit does not take apr,i~riate action\nto correct these items, enforcement action will be taken if a subsequent inspection reveals a violation.\nU1KIer49 C.F.R. § 190.21.5, ReIpOIxlent hM a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's r=eipt of this FinaJ\nOrder and must contain a brief statement of the iuue(I). The filing of the petition automaticalJy\nstays the paymalt of any civil paJaltya sacacd. All other tams of the order, iIM; I ~I my required\n«n.aive action and amendmalt of procedma, IaDain in full effm unJeu the AISOciate\nAdministrator, upon request, grants a stay. The terms and coIxtiti~ ofthil Final Order are eff~tive\non receipt.\nFai~ to comply with this Final Orda' may result in the ~~ent SIOO,(XX) per violation per day, or in the referral of the ~ of civil penalties of up to\nfor j1Xlicial enfuiCefi\".eiit.\n.-\nm\nAPR -6\nDate Issued\n~,,~","truncated":false,"body_characters":17712}