{"operation":"document","citation":"CPF 520131014W","title":"WBI ENERGY TRANSMISSION, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-10-09","effective_on":null,"summary":"CLOSED warning letter citing 192.163(c), 192.163(d), 192.605(a), 192.735(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520131014W","body":"Warning Letter involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.163(c),  192.163(d),  192.605(a),  192.735(a). The case was opened on 2013-10-09 and is reported as closed as of 2013-10-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520131014W_warning letter_10092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131014W/520131014W_warning%20letter_10092013.pdf\n\n520131014W_warning letter_10092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131014W/520131014W_warning%20letter_10092013_text.pdf\n\n520131014W_warning letter_10092013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 9, 2013\nMr. Tony Finneman\nVice President of Operations\nWBI Energy Transmission, Inc.\n1250 W. Century Avenue\nBismarck, North Dakota 58503\nCPF 5-2013-1014W\nDear Mr. Finneman:\nOn August 28-30, 2012, and September 25-29, 2012, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49\nUnited States Code, inspected your WBI Energy Transmission, Inc.’s facilities (WBI) from\nBismarck Compressor Station in North Dakota to the Dickinson Compressor Station in\nNorth Dakota, and from Rapid City, South Dakota to the North Dakota/South Dakota State\nLine.\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\nand the probable violation(s) are:\n1. §192.163 Compressor stations: Design and construction.\n(c) Exits. Each operating floor of a main compressor building must have at least\ntwo separated and unobstructed exits located so as to provide a convenient\npossibility of escape and an unobstructed passage to a place of safety. Each door\nlatch on an exit must be of a type which can be readily opened from the inside\nwithout a key. Each swinging door located in an exterior wall must be mounted to\nswing outward.\nPer §192.163(c), an operator requires to have each door latch on an exit that can be readily\nopened from the inside without a key at the main compressor building. At the time of\ninspection, it was noted that the Bismarck Compressor Station and the Dickinson\nCompressor Station were built in 1980 and 1990, respectively. Meanwhile, the exit doors\nat the Bismarck and Dickinson Compressor Stations in North Dakota do not have interior\npanic bar operated door latches. Traditional round or lever interior door handles can\nimpede exit and may not be readily opened during an emergency.\n\n\n\n2. §192.163 Compressor stations: Design and construction.\n(d) Fenced areas. Each fence around a compressor station must have at least two\ngates located so as to provide a convenient opportunity for escape to a place of\nsafety, or have other facilities affording a similarly convenient exit from the area.\nEach gate located within 200 feet (61 meters) of any compressor plant building\nmust open outward and, when occupied, must be openable from the inside\nwithout a key.\nPer §192.163(d), an operator requires to have at least two (2) gates located so as to provide\na convenient opportunity for escape to a place of safety, or have other facilities affording a\nsimilarly convenient exit from the area. At the time of inspection, it was noted that the\nGolva Compressor Station in North Dakota was built in 2010 and there is only a single\ngate located in the fence at the station perimeter.\n3. §192.735 Compressor stations: Storage of combustible materials.\n(a) Flammable or combustible materials in quantities beyond those required for\neveryday use, or other than those normally used in compressor buildings, must be\nstored a safe distance from the compressor building.\nPer §192.735(a), an operator requires to store the flammable and combustible materials in\nquantities beyond those required for everyday use, or other than normally used in\ncompressor building, at a safe distance from the compressor building. At the time of\ninspection, it was noted that combustible materials beyond those required for everyday use\nwere stored inside the West Shore Compressor Station in South Dakota, and the Bismarck\nand Dickinson Compressor Stations in North Dakota.\n4. §192.605 Procedural manual for operations, maintenance, and emergencies\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and\nfor emergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed\nand updated by the operator at intervals not exceeding 15 months, but at least one\neach calendar year. This manual must be prepared before operations of a\npipeline system commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\nPer §192.605(a), an operator requires to maintain appropriate parts of the manual at\nlocations where operations and maintenance activities are conducted. At the time of\ninspection, it was noted that WBI maintains the procedures required by §192.605 at each\n2\n\n\n\nCompressor Station as loose documents printed and stored in individual file folders.\nEmployees routinely remove applicable sections or pages from the folders and carry the\nindividual procedure to work locations. This practice can prevent every employee working\nat a facility access to complete set of procedures when needed for applicable operations or\nto react to emergencies. That means the current practice prohibits other employees access\nthe same procedures for conducting the operation and maintenance activities.\nUnder 49 United States Code § 60122 you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum\npenalty not to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item(s) identified in this letter. Failure to do so will result in WBI\nEnergy Transmission, Inc. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 5-2013-1014W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential\ntreatment 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\nPHP-400 D. Spillers (#140166 and #141772)\n3","truncated":false,"body_characters":7380}