{"operation":"document","citation":"CPF 520075043","title":"ONEOK ROCKIES MIDSTREAM, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-12-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.310.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520075043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520075043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520075043","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520075043","body":"Notice of Probable Violation involving ONEOK ROCKIES MIDSTREAM, LLC. PHMSA's enforcement data identifies the cited regulation as 195.310. The case was opened on 2007-12-11 and is reported as closed as of 2010-02-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520075043_FinalOrder_02262010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075043/520075043_FinalOrder_02262010.pdf\n\n520075043_FinalOrder_02262010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075043/520075043_FinalOrder_02262010_text.pdf\n\n520075043_NOPV PCO letter_12112007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075043/520075043_NOPV%20PCO%20letter_12112007.pdf\n\n520075043_nopv pco letter_12112007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075043/520075043_nopv%20pco%20letter_12112007_text.pdf\n\n520075043_operator response_05272008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520075043/520075043_operator%20response_05272008.pdf\n\n520075043_nopv pco letter_12112007_text.pdf\n\nSENT To CGIvlPI. IANGE REGlsTT$Y\nHa dcopy i', ie~ n oritcalfy\nQ of Copje& t I Date ~li\nU. S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n12300 W Dakota Ave, Suite 110\nLakewood, CO 80228\nNOTICE OF PROBABLE UIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETUkVf RECEIPT RE UESTED\nDecember 11, 2007\nMr. Craig Forsander\nVice President\nONEOK\n100 West 5th Street\nTulsa, OK 74103\nCPF 5-2007-5043\nDear Mr. Forsander:\nOn April 25 to 27, 2006, June 13, 2007 and July 18, 2007, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, inspected your Riverview pipeline at your Grass Lands Complex in North Dakota.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the\nprobable violation is:\n$195. 310 Records.\n(a) A record must be made of each pressure test required by this subpart, and the\nrecord of the latest test must be retained as long as the facility tested is in use.\n(b) The record required by paragraph (a) of this section must include:\n(1) The pressure recording charts;\n(2) Test instrument calibration data;\n\n\n\n(3) The name of the operator, the name of the person responsible for making the\ntest, and the name of the test company used, if any;\n(4) The date and time of the test;\n(5) The minimum test pressure;\n(6) The test medium;\n(7) A description of the facility tested and the test apparatus;\n(8) An explanation of any pressure discontinuities, including test failures, that\nappear on the pressure recording charts; and,\n(9) Where elevation differences in the section under test exceed 100 feet (30\nmeters), a profile of the pipeline that shows the elevation and test sites over the\nentire length of the test section.\n(10) Temperature of the test medium or pipe during the test period.\nThe latest pressure test records for the Riverview pipeline do not include a record of the test\ninstrument calibration data, the minimum test pressure, the test medium, a description of the\nfacility tested including the test apparatus, an explanation of any pressure discontinuities\nincluding test failures that appear on the pressure recording charts, and where elevation\ndifferences in the section under test exceed 100 feet (30 meters) a profile of the pipeline that\nshows the elevation and test sites over the entire length of the test section.\nThe Riverview pipeline pressure test records consisted of one pressure/temperature recording\nchart showing a 24-hour test. Operations personnel labeled this chart \"McKenzie to\nRiverview. \"\nPro osed Com liance Order\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Bear Paw Energy. Please refer to the\nProposed Compliance Order that is enclosed and made a part of this Notice.\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Compliance ProceeCkngs. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U. S. C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U. S. C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\n\n\n\nIn your correspondence on this matter, please refer to CPF 5-2007-5043 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely, /\nC ' oia\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 G. Davis (¹116825 & ¹119570)\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Bear Paw Energy (BPE) a Compliance Order\nincorporating the following remedial requirements to ensure the compliance of BPE with. the\npipeline safety regulations:\n1. In regard to Item Number 1 of the Notice pertaining to the latest pressure test for the\nRiverview pipeline, BPE must complete one of the following directives:\na) Provide documentation of the latest pressure test for the Riverview pipeline that includes\nall of the requirements of $195. 310.\nOr\nb) Complete a pressure test for all or segments of the Riverview Pipeline that do not have\ndocumentation meeting $195. 310 and provide documentation of the test.\nOr\nc) Lower the Maximum Operating Pressure (MOP) to a level that is the lesser of:\n1) 80% of the highest operating pressure to which the pipeline was subjected for 4 or\nmore continuous hours that can be demonstrated by recording charts or logs made at\nthe time the operations were conducted as per $195. 406(a)(5).\nOr\n2) A pressure that will insure that 20% of the Specified Minimum Yield Strength\n(SMYS) will not be exceeded as per )195. 302(b)(1)(iv).\nAnd\n3) Lower all set points for pressure controls and pressure protection at a pressure that\nwill insure that 110% of the new MOP will not be exceeded during surges or other\nvariations.\nAnd\n4) Provide documentation showing calculations and or documentation of the new MOP\nand new set points for pressure controls and pressure protection.\n2. BPE has 60 days to provide valid pressure test documentation to support either option a), b)\nor c) to Chris Hoidal, Director, Western Region, Pipeline and Hazardous Materials Safety\nAdministration after the Final Order has been issued.\n3. BPE shall maintain documentation of the safety improvement costs associated with fulfilling\nthis Compliance Order and submit the total to Chris Hoidal, Director, Western Region,\nPipeline and Hazardous Materials Safety Administration. 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 to\npipeline infrastructure.\n\n520075043_FinalOrder_02262010_text.pdf\n\nFEB 26 2010\nMr. David L. Kyle\nChairman\nONEOK, Inc.\n100 West 5th Street\nTulsa, OK 74103\nRe: CPF No. 5-2007-5043\nDear Mr. Kyle:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that Bear Paw Energy, LLC, has completed the actions specified in the Notice\nto comply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided 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 [7009 1410 0000 2472 9956]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\nIn the Matter of )\nBear Paw Energy, LLC, ) CPF No. 5-2007-5043\na subsidiary of ONEOK, Inc., )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nBetween April 25 and 27, 2006, and on June 13 and July 18, 2007, pursuant to 49 U.S.C.\n§ 60117, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection of the\nfacilities and records of Bear Paw Energy, LLC (Bear Paw or Respondent),\nComplex in North Dakota. That included an inspection of the 11.2-mile-long Riverview\nPipeline, which transports highly volatile liquids from the Grass Lands Complex to a storage\ntank in Sydney, Montana.\n1 at its Grass Lands\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to Bear Paw,\nby letter dated December 11, 2007, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. § 195.310 and proposed ordering the company to take certain\nmeasures to correct the alleged violation.\nBear Paw received an extension of time and responded to the Notice by letter dated May 27,\n2008. Respondent did not contest the allegation of violation, but provided information on the\ncorrective actions it had taken. Bear Paw did not request a hearing and therefore has waived its\nright to one.\nFINDING OF VIOLATION\nIn its Response, Bear Paw did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\n1 PHMSA’s records indicate that Bear Paw became a wholly-owned subsidiary of ONEOK, Inc., in June 2006.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.310, which states:\n§ 195.310 – Records.\n(a) A record must be made of each pressure test required by this subpart, and the\nrecord of the latest test must be retained as long as the facility tested is in use.\n(b) The record required by paragraph (a) of this section must include:\n(1) The pressure recording charts;\n(2) Test instrument calibration data;\n(3) The name of the operator, the name of the person responsible for making the\ntest, and the name of the test company used, if any;\n(4) The date and time of the test;\n(5) The minimum test pressure;\n(6) The test medium;\n(7) A description of the facility tested and the test apparatus;\n(8) An explanation of any pressure discontinuities, including test failures, that\nappear on the pressure recording charts;\n(9) Where elevation differences in the section under test exceed 100 feet (30\nmeters), a profile of the pipeline that shows the elevation and test sites over the entire\nlength of the test section; and\n(10) Temperature of the test medium or pipe during the test period.\nThe Notice alleged that Respondent violated section 195.310(b) because the most recent pressure\ntest records for the Riverview Pipeline did not include all of the information required by that\nregulation. In particular, the Notice alleged that Bear Paw only had one record on file for the\nRiverview Pipeline at the time of the inspection—i.e., a pressure/temperature recording chart\nfrom a 24-hour test performed on August 22 and 23, 1986—and that said record did not provide\nthe test instrument calibration data, the minimum test pressure, the test medium, a description of\nthe facility tested including test apparatus, an explanation of any pressure discontinuities,\nincluding test failures, that appear on the pressure recording charts, and where elevation\ndifferences in the section under test exceed 100 feet, a profile of the pipeline that shows the\nelevation and test sites over the entire length of the test section. As Respondent has not\ncontested this allegation, I find that Bear Paw violated 49 C.F.R. § 195.310(b) by failing to\ninclude all of the required information on its latest pressure test record for the Riverview\nPipeline.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to item 1 in the Notice. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\n\n\n\n3\nunder chapter 601. The Director has indicated that Respondent has taken the following actions\nspecified in the proposed compliance order:\nBear Paw performed an 8-hour hydrostatic pressure test of the Riverview\nPipeline on April 29, 2008, and provided the Director, Western Region,\nOPS, with the records from that test on May 27, 2008. Respondent’s\ndocuments included records of the test instrument calibration data, the\nminimum test pressure, the test medium, a description of the facility tested\nincluding test apparatus, and a profile of the pipeline that shows the\nelevation and test sites over the entire length of the test section. Bear Paw\nalso submitted costs associated with the pressure test on April 29, 2008.\nAccordingly, I find that these actions comply with the requirements of the Proposed Compliance\nOrder and therefore are not included in this Order.\nThe terms and conditions of this Final Order are effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":14287}