WBI ENERGY TRANSMISSION, INC. — Notice of Probable Violation

case documentOfficial PDF520071015_nopv letter_11082007.pdf#

case documentOfficial PDF520071015_nopv letter_11082007_text.pdf#

party submissionOfficial PDF520071015_operator response to notice_12182007.pdf#

520071015_Final Order_05052009_text.pdf, page 1Official PDFMay 5 2009 Mr. Tony Finneman Executive Vice-President Williston Basin Interstate Pipeline Company 1250 West Century Avenue Bismarck, ND 59503 Re: CPF 5-2007-1015 Dear Mr. Finneman: Enclosed is the Final Order issued in the above-referenced case. It makes findings of violation and finds that Williston Basin Interstate Pipeline Company has completed the actions specified in the Notice required to bring the company into compliance with the pipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Chris Hoidal, Director, Western Region, PHMSA CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0046 9495] U.S. DEPARTMENT OF TRANSPORTATION#

520071015_Final Order_05052009_text.pdf, page 22 PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ______________________________ In the Matter of ) Williston Basin Interstate ) CPF No. 5-2007-1015 Pipeline Company, ) ) ) ) Respondent. ) ______________________________) FINAL ORDER On May 14–18, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety (OPS) conducted an on- site pipeline safety inspection of the facilities of the Williston Basin Interstate Pipeline Company’s (Williston or Respondent) Glendive District in Glendive, Montana. The Williston Basin Glendive District is a 325-mile interstate natural gas pipeline that runs from the Cabin Creek Compressor station in Montana to the McKenzie Plant in North Dakota. As a result of the inspection, the Director, Western Region, OPS (Director), issued to Respondent, by letter dated November 8, 2007, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. §§ 192.479 and 192.161, and proposed ordering Respondent to take certain measures to correct the alleged violations. Respondent responded to the Notice by letter dated December 18, 2007 (Response). Respondent did not contest the allegations of violation and provided information concerning the corrective actions it had taken. Respondent did not request a hearing and therefore has waived its right to one. FINDINGS OF VIOLATION In its Response, Respondent did not contest the allegations in the Notice that it violated 49 C.F.R. Part 192, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.479, which states, in relevant part: § 192.479 Atmospheric corrosion control: General. (a) Each operator must clean and coat each pipeline or portion of pipeline that is exposed to the atmosphere . . . .#

520071015_Final Order_05052009_text.pdf, page 33 (b) Coating material must be suitable for the prevention of atmospheric corrosion…. The Notice alleged that Williston violated §§192.479(a) and (b) by failing to clean and coat an exposed span of pipeline across a creek near the Tampico Farm Tap with a coating material suitable for the prevention of atmospheric corrosion. Specifically, the Notice alleged that Respondent had allowed this span of pipeline to become severely oxidized. The Notice also alleged that the condition of the pipe-to-soil interfaces on both sides of the creek could not be observed, and needed to be exposed and examined to determine the exterior condition of the pipe. Respondent did not contest this allegation. Accordingly, I find that Respondent violated 49 C.F.R. §§192.479(a) and (b) by failing to clean and coat, with coating material suitable for the prevention of atmospheric corrosion, an exposed span of pipeline across a creek near the Tampico Farm Tap. Item 2: The Notice alleged that Respondent violated 49 C.F.R. §192.161, which states, in relevant part: § 192.161 Supports and anchors. (a) Each pipeline and its associated equipment must have enough anchors or supports to: (1) Prevent undue strain on connected equipment; (2) Resist longitudinal forces caused by a bend or offset in the pipe; and (3) Prevent or damp out excessive vibration…. The Notice alleged that Williston violated § 192.161(a) by failing to have enough supports on the above-ground piping at the Glascow Town Border Station to prevent undue strain on connected equipment, To resist longitudinal forces caused by a bend or offset in the pipe, and to prevent or damp out excessive vibration. Specifically, the Notice alleged that Respondent installed three concrete blocks to support above-ground piping at the Glascow Town Border Station and that the supports did not make contact with the pipe. Respondent did not contest this allegation. Accordingly, I find that Respondent violated 49 C.F.R. § 192.161(a) by failing to have enough supports to prevent undue strain on connected equipment, to resist longitudinal forces caused by a bend or offset in the pipe, and to prevent or damp out excessive vibration on piping at the Glascow Town Border Station. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a Compliance Order with respect to Items 1 and 2 in the Notice for violations of 49 C.F.R. §§ 192.479 and 192.161, respectively. Under 49 U.S.C. § 60118(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. The Director has indicated that Respondent has satisfactorily completed the following actions specified in the Proposed Compliance Order:#

520071015_Final Order_05052009_text.pdf, page 44 With regard to the violation of 49 C.F.R. § 192.479 described in Item 1 of the Notice, Respondent has stripped, inspected, and recoated the pipe spans and provided photographs documenting such repairs to the Director. With regard to the violation of 49 C.F.R. § 192.161 described in Item 2 of the Notice, Respondent has installed new steel supports to replace the concrete supports and provided photographs documenting such repairs to the Director. Accordingly, since compliance has been achieved with respect to these violations, the compliance terms are not included in this Order. The terms and conditions of this Final Order shall be effective upon receipt. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#