{"operation":"document","citation":"CPF 520050004","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":"2005-02-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.283(a)(3), 192.803(b), 192.805, 192.805(g), 192.809(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520050004","body":"Notice of Probable Violation involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.283(a)(3),  192.803(b),  192.805,  192.805(g),  192.809(d). The case was opened on 2005-02-16 and is reported as closed as of 2009-09-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520050004_FinalOrder_06052009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050004/520050004_FinalOrder_06052009.pdf\n\n520050004_FinalOrder_06052009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050004/520050004_FinalOrder_06052009_text.pdf\n\n520050004_FinalOrder_06052009_text.pdf\n\nJUN 05 2009\nMr. Tony Finneman\nExecutive Vice President\nWilliston Basin Interstate Pipeline Company\n1250 West Century Avenue\nBismarck, ND 58503\nRe: CPF No. 5-2005-0004\nDear Mr. Finneman:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand specifies the actions that need to be taken by Williston Basin to comply with the pipeline\nsafety regulations. It also requires the amendment of certain inadequate operating and\nmaintenance procedures. When the terms of the Final Order have been completed, as determined\nby the Director, Western Region, this enforcement action will be closed. Your receipt of the\nFinal Order constitutes service of that document 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. Chris Hoidal, Director, Western Region, OPS\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0046 9518]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nWilliston Basin Interstate ) CPF No. 5-2005-0004\nPipeline Company, )\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nFrom July 19 to July 23, 2004, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected the operator qualification (OQ) program of the Williston Basin Interstate Pipeline\nDirector, Western Region, OPS (Director), issued to Williston, by letter dated February 16, 2005,\na Notice of Probable Violation, Proposed Compliance Order, and Notice of Amendment\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Williston\nhad violated Part 192 of Title 49 of the Code of Federal Regulations. The Notice further\nproposed that Williston be required to take certain actions to correct such violations and to\namend its OQ plan.\nCompany (Williston or Respondent), in Glendive, Montana.1 As a result of the inspection, the\nWilliston responded to the Notice by letter dated March 17, 2005 (Response). The Response\ndiscussed, but did not dispute, the allegations of violation and included a copy of an amended\nOQ Manual. Williston did not request a hearing and has therefore waived its right to one.\n2\nEach of the Items cited in the Notice are addressed below in the following order: Findings of\nViolation; Compliance Order; Amendment of Procedures; Order Directing Amendment of\nInadequate Procedures; and Warning Items.\nFINDINGS OF VIOLATION\nItem 2c: The Notice alleged that Williston violated 49 C.F.R. § 192.805, which states, in\nrelevant part:\n§ 192.805 Qualification program.\n1 Respondent operates approximately 3,700 miles of natural gas pipelines in Montana, Wyoming, North Dakota, and\nSouth Dakota.\n2 See, 49 C.F.R. § 190.209.\n\n\n\n2\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to: . . .\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified; . . . .\nThe Notice alleged that Williston violated § 192.805(b) by failing to ensure that certain\nindividuals performing covered tasks were qualified. An individual is “qualified” if he or she\ncan (1) “perform assigned covered tasks,” and (2) “recognize and react to abnormal operating\nconditions.” 3 Specifically, the Notice alleged that Williston failed to ensure through evaluation\nthat approximately 70 employees who were qualified on the basis of work performance history\nreviews were evaluated to determine if they could recognize and react to abnormal operating\nconditions (AOCs).\nupon consideration of all of the evidence, I find that Williston violated 49 C.F.R. § 192.805 by\nfailing to ensure that certain individuals performing covered tasks were qualified to recognize\nand react to AOCs.\n4 Williston did not dispute this allegation in its Response. Accordingly,\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 2c for violations of 49 C.F.R. Part\n192. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R.\n§ 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations.\n1. With regard to Item 2c of the Notice, Respondent shall perform an AOC evaluation of\nall individuals who were qualified to perform covered tasks solely on the basis of a work\nperformance history review, within 60 days of the issuance of this Final Order.\n2. Respondent shall submit documents that verify the completion of those AOC\nevaluations to the address listed below within 60 days of the issuance of this Final Order.\n3 The terms “qualified” and “evaluated” are defined in § 192.803, which states, in relevant part:\n§ 192.803 Definitions.\n. . .\nEvaluation means a process, established and documented by the operator, to determine an individual’s\nability to perform a covered task by any of the following:\n(a) Written examination;\n(b) Oral examination;\n(c) Work performance history review;\n(d) Observation during:\n(1) Performance on the job;\n(2) On the job training; or\n(3) Simulations;\n(e) Other forms of assessment.\nQualified means that an individual has been evaluated and can:\n(a) Perform assigned covered tasks; and\n(b) Recognize and react to abnormal operating conditions.\n4 See, 49 C.F.R. § 192.809.\n\n\n\n3\n3. Respondent shall maintain documentation of the safety improvement costs associated\nwith fulfilling this Compliance Order and submit the total to Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration, 12300 West\nDakota Avenue, Suite 110, Lakewood, Colorado 80228. Costs shall be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures, studies\nand analyses, and 2) total cost associated with replacements, additions and other changes\nto pipeline infrastructure.\nAMENDMENT OF PROCEDURES\nItems 1a, 1b, 2d, 4b, 4c, 4d and 5a of the Notice alleged certain inadequacies in Respondent’s\nOQ Manual and proposed to require amendment of its procedures to comply with the\nrequirements of 49 C.F.R. §§ 192.803, 192.805, and 192.809. Respondent has submitted copies\nof its amended procedures, which the Director has reviewed. Accordingly, based on the results\nof that review, I find that Respondent’s original procedures, as described in Items 1a, 1b, 2d, 4b,\n4c, 4d, and 5a in the Notice, were inadequate to ensure safe operation of its pipeline system but\nthat Respondent has corrected the identified inadequacies. Therefore, there is no need to issue an\norder directing amendment with respect to these items.\nIn addition, Item 5b of the Notice alleged that Respondent’s OQ procedures were inadequate\nbecause those procedures did not clearly indicate the effective date of the company’s OQ\nprogram. In its Response, Williston submitted evidence showing that the original, April 14,\n2001 effective date of its OQ program was clearly printed on the first page of the OQ Manual.\nTherefore, based upon consideration of all of the evidence, I hereby withdraw the allegation in\nItem 5b of the Notice.\nORDER DIRECTING AMENDMENT OF INADEQUATE PROCEDURES\nItem 4a of the Notice alleged that Respondent’s OQ Manual procedures were inadequate to\ncomply with 49 C.F.R. § 192.805, because Williston failed to include a covered task for\nexcavation or small pipefitting. Having considered the evidence of record, I find that\nRespondent’s original procedures as described in Item 4a were inadequate to ensure the safe\noperation of its pipeline systems. Pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237,\nRespondent is ordered to make the following changes to its procedures to address the inadequacy\nidentified in Item 4a. Specifically, Respondent must—\n1. Adopt and include in its OQ Manual a written procedure for the performance\nof excavation and small pipefitting by qualified individuals.\n2. Submit a copy of its OQ Manual that includes a written procedure for the\nperformance and excavation and small pipefitting to the Director within 30 days\nfollowing receipt of this Order.\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 demonstrating good cause for an extension.\n\n\n\n4\nWARNING ITEMS\nWith respect to Items 2a, 2b, and 3, the Notice alleged probable violations of Part 192 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. §§ 192.803, 192.805 (Item 2a) —Williston allegedly provided its\nemployees with blank copies of its written OQ examinations for study purposes,\nthereby undermining the integrity of its evaluation process.\n49 C.F.R. §§ 192.803, 192.805 (Item 2b) — On October 2, 2003, June 1, 2004,\nand July 30, 2004, Williston allegedly allowed unqualified individuals, acting on\nbehalf of Williston’s parent company, Montana Dakota Utilities (MDU), to\nchange the regulator pressure settings at one of Williston’s compressor stations.\n49 C.F.R. § 192.283 (Item 3) —Williston’s OQ Manual allegedly stated that\nMDU would perform any needed joining procedures on its section of\npolyethylene pipe, but Respondent had not qualified the procedure or personnel\nthat MDU planned to use to perform that covered task.\nWilliston presented information in its Response indicating that it had taken certain actions to\naddress these warning items. Having considered that information, I find that probable violations\nof 49 C.F.R. §§ 192.283, 803, and 805, had occurred as of the date of the inspection. Williston is\nhereby advised to review and correct such conditions. In the event OPS finds a violation of any\nof these items in a subsequent inspection, Williston may be subject to future enforcement action.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100,000 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.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent’s receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the order, including\nany required corrective action and amendment of procedures, shall remain in full force and effect\nunless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order shall be effective upon receipt.\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11752}