{"operation":"document","citation":"CPF 520131011W","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":null,"summary":"CLOSED warning letter citing 192.614(c)(3), 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131011w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131011w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131011w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520131011W","body":"Warning Letter involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.614(c)(3),  192.745(a). 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.\n\nOfficial case documents:\n\n520131011W_warning letter_08092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131011W/520131011W_warning%20letter_08092013.pdf\n\n520131011W_warning letter_08092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131011W/520131011W_warning%20letter_08092013_text.pdf\n\n520131011W_warning letter_08092013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 9, 2013\nMr. Tony Finneman\nVice President of Operations\nWBI Energy Transmission, Inc.\n1250 W. Century Avenue\nBismarck, ND 58503\nCPF 5-2013-1011W\nDear Mr. Finneman:\nOn May 21-25 2012, and June 25-29, 2012, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected your Operations & Maintenance (O&M) procedures and records of your facility in\nGlendive, Montana.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §192.745 Valve maintenance: Transmission lines\n(a) Each transmission line valve that might be required during any emergency must\nbe inspected and partially operated at intervals not exceeding 15 months, but at\nleast once each calendar year.\nPer §192.745(a), an operator shall inspect and/or maintain each transmission line valve for\nemergency shutdown. At the time of inspection, WBI Energy Transmission, Inc.’s records (WBI)\nindicate which critical and non-critical valves are designated for emergency shutdown at their\nmeter stations and compressor stations. However, WBI did not designate which transmission line\nvalves are critical and/or non-critical valves that might be required during any emergency.\n\n\n\n2. §192.614 Damage prevention program.\n(c) The damage prevention program required by paragraph (a) of this section must,\nat a minimum:\n(3) Provide a means of receiving and recording notification of planned excavation\nactivities.\nPer §192.614(c) (3), an operator shall provide means of receiving and recording notification of\nplanned excavation activities. At the time of the inspection, one-call tickets did not have\nsufficient information recorded on them to document the WBI response to excavation\nnotifications, i.e. whether line is marked or not, what instruction was provided to excavator by\nWBI field personnel, and what actions must be taken by the WBI field personnel. Therefore, one-\ncall tickets were not properly completed, i.e. one call ticket #12001148.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in WBI Energy Transmission, Inc. being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2013-1011W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 K. Nguyen (#137567)","truncated":false,"body_characters":4471}