{"operation":"document","citation":"CPF 520095039","title":"FRONT RANGE PIPELINE, LLC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-11-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.116(e), 195.126, 195.573(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095039.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095039.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095039","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095039","body":"Notice of Probable Violation involving FRONT RANGE PIPELINE, LLC.. PHMSA's enforcement data identifies the cited regulations as 195.116(e),  195.126,  195.573(a)(2). The case was opened on 2009-11-10 and is reported as closed as of 2014-03-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520095039_closure letter_03042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095039/520095039_closure%20letter_03042014.pdf\n\n520095039_closure letter_03042014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095039/520095039_closure%20letter_03042014_text.pdf\n\n520095039_FinalOrder_03012010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095039/520095039_FinalOrder_03012010.pdf\n\n520095039_FinalOrder_03012010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095039/520095039_FinalOrder_03012010_text.pdf\n\n520095039_NOPV letter_11102009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095039/520095039_NOPV%20letter_11102009.pdf\n\n520095039_NOPV letter_11102009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095039/520095039_NOPV%20letter_11102009_text.pdf\n\n520095039_closure letter_03042014_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 4, 2014\nMr. John Traeger\nPresident\nFront Range Pipeline, LLC\nP.O. Box 909\nLaurel, MT 59044-0909\nRE: CPF 5-2009-5039\nCase Closure\nDear Mr. Traeger:\nOn March 1, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Front Range Pipeline, LLC a Final Order in the above-referenced case. This Final\nOrder included a Compliance Order which mandated the completion of a Close Interval Survey\n(CIS) of your Front Range Pipeline System. The data from that survey was received by you on\nDecember 20, 2013, and reviewed by my staff on February 20, 2014. Based on our review of the\ndocumentation, it has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis (#123894)\n\n520095039_FinalOrder_03012010_text.pdf\n\nMAR 1 2010\nMr. Daniel Knepper\nPresident and Chief Operating Officer\nFront Range Pipeline, LLC\n803 Highway 212 South\nP.O. Box 909\nLaurel, MT 59044\nRe: CPF No. 5-2009-5039\nDear Mr. Knepper:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Front Range Pipeline, LLC, to comply\nwith the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided 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\nMr. John Traeger, Manager, Pipelines and Terminals, Front Range Pipeline, LLC\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 5040]\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)\nFront Range Pipeline, LLC, ) CPF No. 5-2009-5039\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn June 15 to 18, 2009, 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 Front Range\nPipeline, LLC (Front Range or Respondent), in Montana. Front Range is the operator of a\nhazardous liquid pipeline system that originates at the Canadian border and runs through the\ncities of Cut Bank and Laurel, Montana.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated November 10, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Front Range had committed various violations of 49 C.F.R. Part 195 and proposed\nordering Respondent to take certain measures to correct the alleged violations.\nFront Range responded to the Notice by letter dated January 7, 2010 (Response). Respondent\ndid not contest the allegations of violation. Front Range did not request a hearing and therefore\nhas waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Front Range did not contest the allegations in the Notice that it violated 49\nC.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R.\n§ 195.116, which states in relevant part:\n\n\n\n2\n§ 195.116 Valves.\nfollowing:\nEach valve installed in a pipeline system must comply with the\n(a) . . . .\n(e) Each valve other than a check valve must be equipped with a\nmeans for clearly indicating the position of the valve (open, closed, etc.).\nIn particular, the Notice alleged that Front Range violated § 195.116(e) because the positions of\ntwo valves at the Raynesford Pump Station, Valve #FR59 and Valve #FR63, were not clearly\nindicated at the time of the OPS inspection. Respondent did not contest this allegation of\nviolation. Accordingly, based upon a review of all of the evidence, I find that Respondent\nviolated 49 C.F.R. § 195.116(e) by failing to clearly indicate the positions of Valve #FR59 and\nValve #FR63 at the time of the OPS inspection.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.126, which states:\n§ 195.126 Flange connection.\nEach component of a flange connection must be compatible with\neach other component and the connection as a unit must be suitable for the\nservice in which it is to be used.\nThe Notice alleged that Front Range violated § 195.126 because many of the studs on the flange\nconnections of Valve #FR45A and Valve #FR45D at the Conrad Pump Station were not of\nsufficient length to allow the nuts to be fully threaded at the time of the OPS inspection.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.126 by failing to ensure that\neach component of the flange connections at the Conrad Pump Station were compatible with\neach other component and that these connections as a unit were suitable for their intended use in\nservice.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.573, which states, in\nrelevant part:\n§ 195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine\nwhether cathodic protection required by this subpart complies with\n§ 195.571:\n(1) . . . .\n(2) Identify not more than 2 years after cathodic protection is installed, the\ncircumstances in which a close-interval survey or comparable technology is practicable\nand necessary to accomplish the objectives of paragraph 10.1.1.3 of NACE Standard RP\n0169 (incorporated by reference, see § 195.3).\nThe Notice alleged that Front Range violated § 195.573(a)(2) by failing to perform a close-\ninterval (or comparable technological) survey or an analysis showing why such a survey was not\nnecessary at the time of the OPS inspection. Respondent did not contest this allegation of\nviolation. Accordingly, based upon a review of all of the evidence, I find that Respondent\n\n\n\n3\nviolated 49 C.F.R. § 195.573(a)(2) by failing to perform a close-interval survey (or a comparable\ntechnological survey) or an analysis showing why such a survey was unnecessary.\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, 2 and 3 in the Notice for\nviolations of 49 C.F.R. §§ 195.116(e), 195.126, and 195.573(a)(2), respectively. Under 49\nU.S.C. § 60118(a), each person who engages in the transportation of hazardous liquids 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 respect to Item 1 of the Notice pertaining to Valve #FR59 and Valve\n#FR63 at the Raynesford Pump Station, Front Range must install a means\nfor clearly indicating the position of each of these valves.\n2. With respect to Item 2 of the Notice pertaining to the flanged connections\nof Valve #FR45A (MOV) and Valve #FR45D at the Conrad Pump Station,\nFront Range must install studs of a sufficient length in each of the flanged\nconnections to ensure that the full strength of the ANSI 600 flanges is\nobtained.\n3. With respect to Item 3 of the Notice pertaining to the cathodic protection\nprogram, Front Range must conduct a close-interval survey along the\nentire length of the pipeline, or perform and document an analysis\ndetermining why a close interval survey is not necessary along the entire\nlength of the pipeline or certain segments of the pipeline.\n4. Front Range shall maintain documentation of the safety improvement\ncosts associated with fulfilling this compliance Order and submit the total\nto Christopher Hoidal, Director, Western Region, Pipeline and Hazardous\nMaterials Safety Administration. Costs shall be reported in two categories:\n1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses, and 2) total cost associated with replacements,\nadditions and other changes to pipeline infrastructure.\n5. Front Range must complete each of these actions within 180 days of the\ndate of this Order.\n\n\n\n4\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 and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to 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 sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590. A copy of the petition should also be sent to: Assistant Chief Counsel for Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590. The petition must be received no later than 20 days after service of this Final Order upon\nthe Respondent and must contain a brief statement of the issue(s) and meet all other requirements\nof 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a stay, the\nterms and conditions of this Final Order are effective upon receipt of service.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11601}