{"operation":"document","citation":"CPF 520095025","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":"2009-06-24","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095025","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095025","body":"Notice of Probable Violation involving ONEOK ROCKIES MIDSTREAM, LLC. PHMSA's enforcement data identifies the cited regulation as 195.404(b)(1). The case was opened on 2009-06-24 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\n520095025_FinalOrder_02262010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095025/520095025_FinalOrder_02262010.pdf\n\n520095025_FinalOrder_02262010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095025/520095025_FinalOrder_02262010_text.pdf\n\n520095025_NOPV PCO_06242009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095025/520095025_NOPV%20PCO_06242009.pdf\n\n520095025_NOPV PCO_06242009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095025/520095025_NOPV%20PCO_06242009_text.pdf\n\n520095025_operator response_07232009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095025/520095025_operator%20response_07232009.pdf\n\n520095025_operator response_09232009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095025/520095025_operator%20response_09232009.pdf\n\n520095025_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. 5-2009-5025\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 9963]\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. 5-2009-5025\na subsidiary of ONEOK, Inc., )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn July 28 and July 31, 2008, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Bear Paw Energy,\ninspection of the 11.2-mile-long Riverview Pipeline, which transports highly volatile liquids\nLLC (Bear Paw or Respondent),1 at its Grass Lands Complex in North Dakota. That included an\nfrom the Grass Lands Complex to a storage tank in Sydney, Montana.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to Bear Paw,\nby letter dated June 24, 2009, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent\nhad violated 49 C.F.R. § 195.404 and proposed ordering it to take certain measures to correct the\nalleged violation.\nBear Paw responded to the Notice by letters dated July 23 and September, 23, 2009 (collectively,\nResponse). Respondent did not contest the allegations of violation, but provided information on\nthe corrective actions it had taken. Respondent did not request a hearing and therefore has\nwaived its right to one.\nFINDING OF VIOLATION\nIn its Response, Bear Paw did not contest the allegations 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. § 195.404(b)(1), which states:\n§ 195.404 Maps and records.\n(a) ….\nindicate-\n(b) Each operator shall maintain for at least 3 years daily operating records that\n(1) The discharge pressure at each pump station….\nThe Notice alleged that Bear Paw violated § 195.404(b)(1) by failing to retain daily operating\nrecords of the pressure discharge at each pump station at the Grass Lands Complex for the\nrequired 3-year-minimum period. Indeed, the OPS inspection revealed that Respondent only\nretained such records for 30 days, and that the discharge pressure information on those records\nwas often illegible. As Bear Paw has not contested these allegations, I find that Respondent\nviolated 49 C.F.R. § 195.404(b)(1) by failing to retain daily operating records indicating the\ndischarge pressure at each pump station at the Grass Lands Complex for the required 3-year-\nminimum period.\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\nunder chapter 601. The Director has indicated that Respondent has taken the following actions\nspecified in the proposed compliance order:\nIn its Response, Bear Paw submitted a letter and documentation stating\nthat new pressure recording equipment was installed at its Grass Lands\nComplex, where hazardous liquids are discharged into the Riverview\nPipeline. Specifically, Bear Paw installed an electronic pressure\ntransmitter which is programmed to record the discharge pressure every\nfive seconds. This data is used to calculate a 6-minute average of the\ndischarge pressure, and the resulting averages are stored to a server and\nhard drive. Using the new equipment, Bear Paw submitted a sample graph\nclearly indicating the discharge pressure of the pipeline at even intervals\nover the course of a day.\n\n\n\n3\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":6341}