{"operation":"document","citation":"CPF 520171011W","title":"WBI ENERGY TRANSMISSION, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-09-05","effective_on":null,"summary":"CLOSED warning letter citing 192.739(a)(1), 192.739(a)(2), 192.743(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171011w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171011w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171011w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520171011W","body":"Warning Letter involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulations as 192.739(a)(1),  192.739(a)(2),  192.743(a). The case was opened on 2017-09-05 and is reported as closed as of 2017-09-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520171011W_Warning Letter_09052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171011W/520171011W_Warning%20Letter_09052017.pdf\n\n520171011W_Warning Letter_09052017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171011W/520171011W_Warning%20Letter_09052017_text.pdf\n\n520171011W_Warning Letter_09052017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nSeptember 5, 2017\nMr. Jeff Rust\nVice President of Operations\nWBI Energy Transmission, Inc.\n1250 West Century Ave.\nBismarck, ND 58503\nCPF 5-2017-1011W\nDear Mr. Rust:\nOn April 10 through 14, 2017, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected the WBI Energy Transmission, Inc. (WBI) operating records at the WBI office in\nGlendive, Montana.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and\npressure regulating station and its equipment must be subjected at intervals not\nexceeding 15 months, but at least once each calendar year, to inspections and\ntests to determine that it is—\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the\nservice in which it is employed.\n\n\n\nWBI did not inspect and test each pressure relief device to determine that it was in good\nmechanical condition, and was adequate from the standpoint of capacity and reliability of\noperation for the service in which it was employed at intervals not exceeding 15 months, but\nat least once each calendar year. At the time of the PHMSA inspection, the following facilities\nhave a total of four (4) pressure safety devices which were not inspected and tested between\n2013 and 2014:\n The Golva Compressor Station Unit #1 Relief Valve 2013 operational inspection was\nconducted on May 09, 2013. The 2014 operational inspection was due not later than\nAugust 09, 2014 but not completed until August 25, 2014 being 16 days late.\n The Golva Compressor Station Unit #2 Relief Valve 2013 operational inspection was\nconducted on May 09, 2013. The 2014 operational inspection was due not later than\nAugust 09, 2014 but not completed until August 25, 2014 being 16 days late.\n The Lovell Compressor Station Unit #1 Relief Valve 2013 capacity review was\nconducted on April 18, 2013. The 2014 operational inspection was due not later than\nJuly 18, 2014 but not completed until August 18, 2014 being 30 days late.\n The Lovell Compressor Station Unit #2 Relief Valve 2013 capacity review was\nconducted on April 18, 2013. The 2014 operational inspection was due not later than\nJuly 18, 2014 but not completed until August 18, 2014 being 30 days late.\n2. §192.743 Pressure limiting and regulating stations: Capacity of relief devices.\n(a) Pressure relief devices at pressure limiting stations and pressure regulating\nstations must have sufficient capacity to protect the facilities to which they are\nconnected. Except as provided in §192.739(b), the capacity must be consistent\nwith the pressure limits of §192.201(a). This capacity must be determined at\nintervals not exceeding 15 months, but at least once each calendar year, by\ntesting the devices in place or by review and calculations.\nWBI did not review and calculate each pressure relief device to determine that it was\nsufficient capacity to protect the facilities to which they are connected and was determined at\nintervals not exceeding 15 months, but at least once each calendar year. At the time of the\nPHMSA inspection, the following facility have a total of two (2) pressure safety devices\nwhich were not reviewed and calculated between 2013 and 2014:\n The Golva Compressor Station Unit #1 Relief Valve 2013 capacity review was\nconducted on May 17, 2013. The 2014 capacity review was due not later than August\n17, 2014 but not completed until September 12, 2014 being 26 days late.\n The Golva Compressor Station Unit #2 Relief Valve 2013 capacity review was\nconducted on May 17, 2013. The 2014 capacity review was due not later than August\n17, 2014 but not completed until September 12, 2014 being 26 days late.\nThe operations procedure of completing the relief valve inspections in the field and then\nsending the relief valve inspection report including verification that operating parameters have\n2\n\n\n\nnot changed to the Glendive office where the valve relieving capacity sufficiency is verified\ncreates potential problems. If the field inspection is late the relieving capacity verification\nwill by default also be late. Also, if the field inspection in conducted very close to the\ninspection due date, the inspection date may be within compliance but by the time the\ninspection results are reviewed in Glendive, the relieving capacity sufficiency verification will\nbe late. Two of the six noted probable violations are the result of the Golva Station relief\nvalve inspection simply being late. The other four probable violation involve verification that\nthe respective relief valve relieving capacities are sufficient. These four probable violations\nin part or wholly the result in the delay between the field inspection and records being\navailable in the Glendive office.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists up to a maximum of $2,090,022\nfor a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item(s)\nidentified in this letter. Failure to do so will result in WBI Energy Transmission, Inc. being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2017-1011W. 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. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nHuy Nguyen\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Brown (#155458)\n3","truncated":false,"body_characters":7230}