# WBI ENERGY TRANSMISSION, INC. — Warning Letter

- **operation:** document
- **citation:** CPF 520131010W
- **title:** WBI ENERGY TRANSMISSION, INC. — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-08-09
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.625(f).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520131010w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520131010w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520131010w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520131010W
**body:**

Warning Letter involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulation as 192.625(f). The case was opened on 2013-08-09 and is reported as closed as of 2013-08-09. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520131010W_warning letter_08092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131010W/520131010W_warning%20letter_08092013.pdf

520131010W_warning letter_08092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131010W/520131010W_warning%20letter_08092013_text.pdf

520131010W_warning letter_08092013_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 9, 2013
Mr. Tony Finneman
Vice President of Operations
WBI Energy Transmission, Inc.
1250 W. Century Avenue
Bismarck, ND 58503
CPF 5-2013-1010W
Dear Mr. Finneman:
On September 10-14, 2012, and November 5-8, 2012, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United
States Code, conducted a field inspection of your Worland District in Wyoming.
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation is:
1. §192.625 Odorization of gas.
(f) To assure the proper concentration of odorant in accordance with this section,
each operator must conduct periodic sampling of combustible gases using an
instrument capable of determining the percentage of gas in air at which the odor
becomes readily detectable.
Per §192.625(f), an operator shall conduct periodic sampling of combustible gases using an
instrument capable of determining the percentage of gas in air at which the odor becomes readily
detectable. At the time of inspection, it was noted that WBI Energy Transmission, Inc. (WBI)
odorizes 100% of the system, however, WBI did not conduct sufficient testing to verify the
appropriate odor level at all locations in their pipeline. In addition, WBI did not follow their
procedures to conduct periodic sampling of combustible gases at several locations of the pipeline



system, i.e. the sampling was not performed from 2009 until the time of inspection by PHMSA
for Buffalo station. Meanwhile, if WBI relies on the downstream Local Distribution Company,
MDU (a sister company), to monitor odor intensity at several locations in their pipeline then WBI
needs to obtain the inspection records to ensure that they are in compliance with §192.625(f).
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000
per violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not
exceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a
related series of violations We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the item(s) identified in this letter.
Failure to do so will result in WBI Energy Transmission, Inc. being subject to additional
enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 5-2013-1010W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe the
redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 K. Nguyen (#139783)
- **truncated:** false
- **body characters:** 4185