{"operation":"document","citation":"CPF 520071015","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":"2007-11-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.161, 192.479.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520071015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520071015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520071015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520071015","body":"Notice of Probable Violation involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.161,  192.479. The case was opened on 2007-11-08 and is reported as closed as of 2009-05-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520071015_Final Order_05052009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071015/520071015_Final%20Order_05052009.pdf\n\n520071015_Final Order_05052009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071015/520071015_Final%20Order_05052009_text.pdf\n\n520071015_nopv letter_11082007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071015/520071015_nopv%20letter_11082007.pdf\n\n520071015_nopv letter_11082007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071015/520071015_nopv%20letter_11082007_text.pdf\n\n520071015_operator response to notice_12182007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071015/520071015_operator%20response%20to%20notice_12182007.pdf\n\n520071015_Final Order_05052009_text.pdf\n\nMay 5 2009\nMr. Tony Finneman\nExecutive Vice-President\nWilliston Basin Interstate Pipeline Company\n1250 West Century Avenue\nBismarck, ND 59503\nRe: CPF 5-2007-1015\nDear Mr. Finneman:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand finds that Williston Basin Interstate Pipeline Company has completed the actions specified\nin the Notice required to bring the company into compliance with the pipeline safety regulations.\nThis case is now closed. Your receipt of the Final Order constitutes service of that document\nunder 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, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0046 9495]\nU.S. DEPARTMENT OF TRANSPORTATION\n\n\n\n2\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\nIn the Matter of )\nWilliston Basin Interstate ) CPF No. 5-2007-1015\nPipeline Company, )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn May 14–18, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration, Office of Pipeline Safety (OPS) conducted an on-\nsite pipeline safety inspection of the facilities of the Williston Basin Interstate Pipeline\nCompany’s (Williston or Respondent) Glendive District in Glendive, Montana. The Williston\nBasin Glendive District is a 325-mile interstate natural gas pipeline that runs from the Cabin\nCreek Compressor station in Montana to the McKenzie Plant in North Dakota. As a result of the\ninspection, the Director, Western Region, OPS (Director), issued to Respondent, by letter dated\nNovember 8, 2007, a Notice of Probable Violation and Proposed Compliance Order (Notice). In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had violated\n49 C.F.R. §§ 192.479 and 192.161, and proposed ordering Respondent to take certain measures\nto correct the alleged violations.\nRespondent responded to the Notice by letter dated December 18, 2007 (Response). Respondent\ndid not contest the allegations of violation and provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated 49\nC.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.479, which states, in\nrelevant part:\n§ 192.479 Atmospheric corrosion control: General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that\nis exposed to the atmosphere . . . .\n\n\n\n3\n(b) Coating material must be suitable for the prevention of atmospheric corrosion….\nThe Notice alleged that Williston violated §§192.479(a) and (b) by failing to clean and coat an\nexposed span of pipeline across a creek near the Tampico Farm Tap with a coating material\nsuitable for the prevention of atmospheric corrosion. Specifically, the Notice alleged that\nRespondent had allowed this span of pipeline to become severely oxidized. The Notice also\nalleged that the condition of the pipe-to-soil interfaces on both sides of the creek could not be\nobserved, and needed to be exposed and examined to determine the exterior condition of the\npipe. Respondent did not contest this allegation. Accordingly, I find that Respondent violated 49\nC.F.R. §§192.479(a) and (b) by failing to clean and coat, with coating material suitable for the\nprevention of atmospheric corrosion, an exposed span of pipeline across a creek near the\nTampico Farm Tap.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. §192.161, which states, in\nrelevant part:\n§ 192.161 Supports and anchors.\n(a) Each pipeline and its associated equipment must have enough anchors or\nsupports to:\n(1) Prevent undue strain on connected equipment;\n(2) Resist longitudinal forces caused by a bend or offset in the pipe; and\n(3) Prevent or damp out excessive vibration….\nThe Notice alleged that Williston violated § 192.161(a) by failing to have enough supports on the\nabove-ground piping at the Glascow Town Border Station to prevent undue strain on connected\nequipment, To resist longitudinal forces caused by a bend or offset in the pipe, and to prevent or\ndamp out excessive vibration. Specifically, the Notice alleged that Respondent installed three\nconcrete blocks to support above-ground piping at the Glascow Town Border Station and that the\nsupports did not make contact with the pipe. Respondent did not contest this allegation.\nAccordingly, I find that Respondent violated 49 C.F.R. § 192.161(a) by failing to have enough\nsupports to prevent undue strain on connected equipment, to resist longitudinal forces caused by\na bend or offset in the pipe, and to prevent or damp out excessive vibration on piping at the\nGlascow Town Border Station.\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 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 192.479 and 192.161, respectively. Under 49 U.S.C. § 60118(a), each\nperson who engages in the transportation of gas or who owns or operates a pipeline facility is\nrequired to comply with the applicable safety standards established under chapter 601. The\nDirector has indicated that Respondent has satisfactorily completed the following actions\nspecified in the Proposed Compliance Order:\n\n\n\n4\nWith regard to the violation of 49 C.F.R. § 192.479 described in Item 1 of the\nNotice, Respondent has stripped, inspected, and recoated the pipe spans and\nprovided photographs documenting such repairs to the Director.\nWith regard to the violation of 49 C.F.R. § 192.161 described in Item 2 of the\nNotice, Respondent has installed new steel supports to replace the concrete\nsupports and provided photographs documenting such repairs to the Director.\nAccordingly, since compliance has been achieved with respect to these violations, the\ncompliance terms are not included in this Order.\nThe terms and conditions of this Final Order shall be effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7617}