# NORTHWEST PIPELINE LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 520041023
- **title:** NORTHWEST PIPELINE LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2004-12-17
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.475(b), 192.706(b).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520041023
**body:**

Notice of Probable Violation involving NORTHWEST PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 192.475(b),  192.706(b). The case was opened on 2004-12-17 and is reported as closed as of 2007-07-17. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520041023_final order_07102006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520041023/520041023_final%20order_07102006.pdf

CPF_NO_5-2004-1023.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520041023/CPF_NO_5-2004-1023.pdf

520041023_final order_07102006.pdf

U.S. Department 400 Seventh Street, S.W.
of Transportation Washington, D.C. 20590
Pipeline and
Hazardous Materials Safety
Administration
JUL 1 0 ' -'
Mr. Randy Bernard
Vice President of Operations
Northwest Pipeline Corporation
Williams Gas Pipeline
2800 Post Oak Blvd
Houston, TX 77056-6100
Re: CPF No. 5-2004- 1023
Dear Mr. Bernard:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in
the above-referenced case. It makes a finding of violation and specifies actions to be taken to
comply with the pipeline safety regulations. When the terms of the compliance order are
completed, as determined by the Director, Western Region, this enforcement action will be
closed. Your receipt of this Final Order constitutes service under 49 C.F.R. 5 190.5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL -RETURN RECEIPT REQUESTED



DEPARTMENT OF TRANSPORTATION 1
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of
)
)
1
Northwest Pipeline Corporation1
Williams Gas Pipeline, )
Respondent
)
)
1 CPF NO. 5-21004-1023
FINAL ORDER
On February 23-27, 2004, pursuant to 49 U.S.C. 8 601 17, a representalive of the Research and
Special Programs Administration (RSPA), Office of Pipeline Safety, conducted an on-site
pipeline safety inspection of Respondent's facilities and records in the Eugene District, Oregon.'
As a result of the inspection, the Director, Western Region, issued to Respondent, by letter dated
December 17, 2004, a Notice of Probable Violation and Proposed Conppliance Order (Notice).
In accordance with 49 C.F.R. 8 190.207, the Notice proposed finding Respondent committed a
violation of 49 C.F.R. Part 192 and proposed ordering Respondent to take certain measures to
correct the alleged violation.
By letters dated February 8 and 23, 2005, Respondent submitted documentation and contested
the allegation of violation. Respondent requested a hearing by letter dated March 23, 2005. The
hearing was held May 24, 2005 in Lakewood, Colorado. Respondent submitted a post-hearing
letter dated June 7,2005.
FINDING OF VIOLATION
Item l a in the Notice alleged Respondent violated 49 C.F.R. $ 8 192.603(b) and 192.706(a) by
failing to keep adequate records to show leakage surveys had been performed at specified
intervals. Sections 192.603(b) and 192.706(a) require Respondent to keep records necessary to
administer Respondent's procedures for conducting leakage surveys at ifitervals not to exceed 15
months, but at least once each calendar year. However, 8 192.706(a) requires that leakage
surveys be conducted using instrumentation at intervals not to exceed 7% months, but at least
twice each calendar year for transmission lines in a Class 3 location which transport gas without
an odorant.
1The Norman Y. Mineta Research and Special Programs Improvement Act, Pub. L. No. 108-426,
118 Stat. 2423 (2004), created the Pipeline and Hazardous Materials Safety Administration (PHMSA) and
transferred the authority of RSPA exercised under chapter 601, title 49, United States Code, to the
Administrator of PHMSA. See also 70 Fed. Reg. 8299, 830 1-8302 (2005).



The Notice alleged Respondent did not sufficiently document that it tested and verified that each
transmission pipeline in a Class 3 location was odorized. Accordingly, the Notice alleged,
Respondent was required to conduct instrumented leakage surveys at 7%-month intervals. The
Notice further alleged that Respondent could not produce records to show that instrumented
surveys had been conducted at 7%-month intervals.
At the hearing, Respondent asserted that it had intended to comply with the regulations by
ensuring proper odorization in Class 3 locations and by performing annual leakage surveys,
rather than by conducting instrumented leakage surveys at 7%-month intervals. In response to
the Notice and at the hearing, Respondent asserted that the pipeline system was odorized in
accordance with 8 192.625 and that its records show odorization had been tested and found
acceptable. As an odorized pipeline, Respondent asserted that it was reqpired to complete annual
leak surveys, rather than biannual instrumented surveys. Respondent stated that its records show
that leakage surveys had been conducted annually in accordance with 8 192.706(a).
The odorization records submitted by Respondent at the time of the inspection and in response to
the Notice show several Class 3 locations where Respondent's pipeline was not properly
odorized. Several locations were deficient during consecutive tests. The leakage survey records
produced by Respondent lacked sufficient detail to verify each Class 3 pipeline had been
properly surveyed. Some records did not expressly indicate the manner and location of the leak
survey and were subject to varying interpretations. Respondent's recprds were inadequate to
demonstrate compliance with $8 192.603(b) and 192.706(a). Accordingly, I find Respondent
violated $8 192.603(b) and 192.706(a) as alleged in the Notice.
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 la. Under 49 U.S.C. 8 601 18(a),
each person who engages in the transportation of gas or who owns or operates a pipeline facility
is required to comply with the applicable safety standards established under chapter 601, title 49,
United States Code. Pursuant to the authority of 49 U.S.C. 8 601 18(b) and 49 C.F.R. 8 190.217,
Respondent is ordered to take the following actions to ensure compliance with the pipeline safety
regulations applicable to its operations. Respondent must-
1. Submit for review written procedures for conducting leakage surveys in accordance with
49 C.F.R. 8 192.706(a). The procedures must have administrative processes, controls,
and reviews to ensure that records are kept that are necessary to administer the
procedures and document compliance.
2. Submit for review written procedures for conducting periodic sampling of combustible
gases to assure proper concentration of odorant in accordance with 49 C.F.R. 4 192.625.
The procedures must have administrative processes, controls, and reviews to ensure that
records are kept that are necessary to administer the procedures and document
compliance.



3. Submit the procedures within 30 days of receipt of this Final Order to the Director,
Western Region, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety
Administration, 12300 W. Dakota Ave., Suite 110, Lakewood, CO 80228-2585.
4. The Director may notify Respondent if the submitted procedures satisfy this Order; or the
Director may require Respondent to further modify the procedures to cure any
deficiencies. If the Director orders further modification, Respondent must correct the
procedures to comply with the Director's order and resubmit thq procedures for review
within the time specified by the Director. If a resubmitted item requires further
modification, the Director may again require Respondent to coaect the deficiencies; or
the Director may otherwise enforce the terns of this Order.
The Director, Western Region, may grant an extension of time to comply with any of the
required items upon a written request timely submitted by the Respondent demonstrating good
cause for an extension.
Failure to comply with this Order may result in the assessment of civil pefialties of not more than
$100,000 per day and in referral to the Attorney General for appropriate aelief in a United States
District Court.
WARNING ITEM
The Notice did not propose a civil penalty or corrective action for Item Ib in the Notice, which
alleged Respondent could not verify that it had inspected pipe removed from a pipeline for
evidence of internal corrosion in accordance with $8 192.605(b)(2) and 192.475(b). This is
considered a warning item. Respondent is warned that if it does not take appropriate action to
correct this item, enforcement action will be taken if a subsequent inspection reveals a violation.
Under 49 C.F.R. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be received within 20 days of Respondent's receipt of this
Final Order and must contain a brief statement of the issue(s). The terms of the order, including
any required corrective action, remain in full effect unless the Associate Administrator, upon
request, grants a stay. The terms and conditions of this Final Order are effective on receipt.
Date Issued
A o iate Administrator
U i p e l i n e Safety
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