{"operation":"document","citation":"CPF 520131015","title":"WBI ENERGY TRANSMISSION, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-12-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.935(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520131015","body":"Notice of Probable Violation involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulation as 192.935(a). The case was opened on 2013-12-12 and is reported as closed as of 2015-02-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520131015_closure letter_02112015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_closure%20letter_02112015.pdf\n\n520131015_closure letter_02112015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_closure%20letter_02112015_text.pdf\n\n520131015_Final Order_06022014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_Final%20Order_06022014.pdf\n\n520131015_Final Order_06022014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_Final%20Order_06022014_text.pdf\n\n520131015_NOPV PCO_12122013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_NOPV%20PCO_12122013.pdf\n\n520131015_NOPV PCO_12122013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_NOPV%20PCO_12122013_text.pdf\n\n520131015_Operator_Response_to_Notice_02142014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131015/520131015_Operator_Response_to_Notice_02142014.pdf\n\n520131015_Final Order_06022014_text.pdf\n\nJUNE 2, 2014\nMr. Steven L. Bietz\nChief Executive Officer and President\nWBI Energy Transmission, Inc.\n1250 W. Century Avenue\nBismark, ND 58503\nRe: CPF No. 5-2013-1015\nDear Mr. Bietz:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by WBI Energy Transmission, Inc. to\ncomply with 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. Scott Fradenburgh, Vice President of Operations, WBI Energy Transmission, Inc.\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\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)\nWBI Energy Transmission, Inc., ) CPF No. 5-2013-1015\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn May 21-25 and June 25-29, 2012, pursuant to 49 U.S.C. § 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the operating and maintenance\nprocedures and records of WBI Energy Transmission, Inc. (WBI or Respondent) in Glendive,\nMontana. WBI, a subsidiary of MDU Resources Group, Inc., operates approximately 1,800\nmiles of natural gas pipelines in Montana, Wyoming, and the Dakotas.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated December 12, 2013, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that WBI had violated 49 C.F.R. § 192.935(a) and proposed ordering Respondent to take\ncertain measures to correct the alleged violation.\nAfter requesting and receiving an extension of time, WBI responded to the Notice by letter dated\nFebruary 14, 2014 (Response). The company did not contest the allegation of violation and\nexpressed its intent to complete the actions set forth in the proposed compliance order.\nRespondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, WBI did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\n1 See Pipeline Safety Violation Report (Violation Report), (September 17, 2013) (on file with PHMSA), at 1.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.935(a), which states:\n§ 192.935 What additional preventive and mitigative measures must\nan operator take?\n(a) General requirements. An operator must take additional measures\nbeyond those already required by Part 192 to prevent a pipeline failure and\nto mitigate the consequences of a pipeline failure in a high consequence\narea. An operator must base the additional measures on the threats the\noperator has identified to each pipeline segment. (See §192.917) An\noperator must conduct, in accordance with one of the risk assessment\napproaches in ASME/ANSI B31.8S (incorporated by reference, see\n§192.7), section 5, a risk analysis of its pipeline to identify additional\nmeasures to protect the high consequence area and enhance public safety.\nSuch additional measures include, but are not limited to, installing\nAutomatic Shut-off Valves or Remote Control Valves, installing\ncomputerized monitoring and leak detection systems, replacing pipe\nsegments with pipe of heavier wall thickness, providing additional training\nto personnel on response procedures, conducting drills with local\nemergency responders and implementing additional inspection and\nmaintenance programs.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.935(a) by failing to fully analyze\nrisks on its pipelines that traverse high consequence areas (HCAs) and identify additional\npreventative and mitigative measures to enhance safety. Specifically, the Notice alleged that\nWBI’s risk analysis relating to the need for automatic or remote control valves was based on a\nreport that did not consider factors beyond immediate injury such as prolonged flame exposure to\nemergency responders, danger to people in hard to evacuate areas, impacts on key transportation\ncorridors, and the risk of wildfires.\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. § 192.935(a) by failing to fully\nanalyze risks on its pipelines that traverse HCAs and identify additional preventative and\nmitigative measures to enhance safety.\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 for Respondent’s\nviolation of 49 C.F.R. § 192.935(a). Under 49 U.S.C. § 60118(a), each person who engages in\nthe transportation of gas or who owns or operates a pipeline facility is required to comply with\nthe applicable safety standards established under chapter 601. Pursuant to the authority of\n49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following\n\n\n\n3\nactions to ensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.935(a) (Item 1), Respondent must conduct a\nrisk analysis and evaluation of its HCA pipelines to determine if automatic shut-off\nvalves or remote control valves would be an efficient means of adding protection to a\nHCA in the event of a rupture or other failure and minimizing the consequences of a\ngas release.\n2. Respondent must complete the actions in Item 1 above within 180 calendar days of\nreceipt of this Order.\n3. It is requested (not mandated) that WBI maintain documentation of the safety\nimprovement costs associated with fulfilling this compliance order and submit the\ntotal to the Director. It is requested that these costs be reported in two categories:\n(1) total cost associated with preparation or revision of plans, procedures, studies, and\nanalyses; and (2) total cost associated with repairs, replacements, additions, and other\nchanges to physical pipeline facilities.\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 administrative assessment of civil penalties not\nto exceed $200,000 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.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n520131015_closure letter_02112015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 11, 2015\nMr. Scott Fradenburgh\nVice President of Operations\nWBI Energy Transmission, Inc.\n1250 W. Century Avenue\nBismarck, North Dakota 58503\nRe: CPF 5-2013-1015\nClosure Letter\nDear Mr. Fradenburgh:\nOn June 2, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to WBI Energy Transmission a Final Order in the above-referenced case. This Order\nincluded a Compliance Order. Based on our review of the documentation you provided, it has\nbeen 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 R. Reineke (#137567)","truncated":false,"body_characters":9705}