{"operation":"document","citation":"CPF 520175019","title":"THUNDER CREEK NGL PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-08-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.403(b)(1), 195.404(b)(1), 195.420(b), 195.428(a), 195.55(a)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175019","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520175019","body":"Notice of Probable Violation involving THUNDER CREEK NGL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.403(b)(1),  195.404(b)(1),  195.420(b),  195.428(a),  195.55(a)(4). The case was opened on 2017-08-14 and is reported as closed as of 2018-03-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520175019_Closure Letter_03302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_Closure%20Letter_03302018.pdf\n\n520175019_Closure Letter_03302018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_Closure%20Letter_03302018_text.pdf\n\n520175019_Final Order_03292018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_Final%20Order_03292018.pdf\n\n520175019_Final Order_03292018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_Final%20Order_03292018_text.pdf\n\n520175019_NOPV PCO_08142017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_NOPV%20PCO_08142017.pdf\n\n520175019_NOPV PCO_08142017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_NOPV%20PCO_08142017_text.pdf\n\n520175019_Operator Response to Notice_09072017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175019/520175019_Operator%20Response%20to%20Notice_09072017.pdf\n\n520175019_Final Order_03292018_text.pdf\n\nMarch 29, 2018\nMr. Steven B. Huckaby\nChairman & CEO\nThunder Creek NGL Pipeline, LLC\n1331 17th Street # 1100\nDenver, CO 80202\nRe: CPF No. 5-2017-5019\nDear Mr. Huckaby:\nEnclosed please find the Final Order issued in the above-referenced case. It makes one finding\nof violation and finds that Thunder Creek NGL Pipeline, LLC, a wholly-owned subsidiary of\nMeritage Midstream Services II, LLC, has completed the actions specified in the Notice to\ncomply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is effective upon the date of mailing as provided under 49 C.F.R.\n§ 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Western Region, Office of Pipeline Safety, PHMSA\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_______________________________________________\nIn the Matter of )\nThunder Creek NGL Pipeline, LLC, ) CPF No. 5-2017-5019\na subsidiary of Meritage Midstream Services II, LLC, )\n)\n)\n)\nRespondent. )\n_______________________________________________ )\nFINAL ORDER\nFrom September 26 through 28, 2016, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Thunder\nCreek NGL Pipeline, LLC (TCNGL or Respondent), a wholly-owned subsidiary of Meritage\nMidstream Services II, LLC, in Gillette, Wyoming. TCNGL operates a 6-inch, 82.9-mile-long\nnatural gas liquids pipeline and an 8-inch, 22.7-mile-long natural gas liquids pipeline. The\npipelines run between Gillette and Douglas, Wyoming.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated August 14, 2017, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included warning items pursuant to 49 C.F.R. § 190.205.\nIn accordance with 49 C.F.R. § 190.207, the Notice proposed finding that TCNGL had violated\n49 C.F.R. § 195.55(a)(4) and proposed ordering Respondent to take certain measures to correct\nthe alleged violation. The warning items required no further action but warned the operator to\ncorrect the probable violations or face possible future enforcement action.\nTCNGL responded to the Notice by letter dated September 7, 2017 (Response). The company\ndid not contest the allegation of violation and provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nTCNGL did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as\n1 http://www.meritagemidstream.com/operations/powder-river-basin/thunder-creek-ngl-pipeline (visited Nov. 20,\n2017); Pipeline Safety Violation Report (Violation Report) (Aug. 14, 2017) (on file with PHMSA), at 1.\n\n\n\nCPF No. 5-2017-5019\nPage 2\nfollows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.55(a)(4), which states:\n§ 195.55 Reporting safety-related conditions.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall report in accordance with § 195.56 the existence of any of the\nfollowing safety-related conditions involving pipelines in service: . . .\n(1) …\n(4) Any malfunction or operating error that causes the pressure of a\npipeline to rise above 110 percent of its maximum operating pressure. . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.55(a)(4) by failing to report the\nexistence of a malfunction or operating error that caused the pressure of its pipeline to rise above\n110 percent of its maximum operating pressure. Specifically, the Notice alleged that TCNGL\nfailed to report a safety-related condition after the operator over-pressured a segment of an\nisolated four feet of pipe running from the mainline pumps to the pig launcher at the 50 Buttes\ngas plant. During the inspection, a TCNGL representative confirmed that the pressure at this\nisolated segment reached 2000 psi while the maximum operating pressure of the system was only\n1440 psi.\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. § 195.55(a)(4) by failing to report the\nexistence of a malfunction or operating error that caused the pressure of its pipeline to rise above\n110 percent of its maximum operating pressure.\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 a violation of\n49 C.F.R. § 195.55(a)(4). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director\nindicates that Respondent has taken the following actions specified in the proposed compliance\norder:\n1. With respect to the violation of § 195.55(a)(4) (Item 1), Respondent removed and\nreplaced the impacted pipe by June 13, 2015.2 Additionally, TCNGL reviewed\noperating procedures with personnel to prevent the creation of thermal-expansion\npockets, as well as locked open certain manual valves that could be closed to\n2 Response, at 2.\n\n\n\nCPF No. 5-2017-5019\nPage 3\ncreate potential thermal-expansion pockets.3 On November 14, 2017, TCNGL\nfiled a safety-related condition report in accordance with § 195.55(a)(4).\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nWARNING ITEMS\nWith respect to Items 2, 3, 4, and 5, the Notice alleged probable violations of Part 195, but did\nnot propose a civil penalty or compliance order for these items. Therefore, these are considered\nto be warning items. The warnings were for:\n49 C.F.R. § 195.404(b)(1) (Item 2) ─ Respondent’s alleged failure to record and\nmaintain discharge records from March 2015 through July 2015;\n49 C.F.R. § 195.403(b)(1) (Item 3) ─ Respondent’s alleged failure to review with\npersonnel their performance in meeting the objectives of the company’s\nemergency-response program per the requirements of § 195.403;\n49 C.F.R. § 195.420(b) (Item 4) ─ Respondent’s alleged failure to inspect its\nmainline valves, pursuant to § 195.420(b), at intervals not exceeding 7½ months,\nbut at least twice each calendar year after commissioning the pipeline in March\n2015; and\n49 C.F.R. § 195.428(a) (Item 5) ─ Respondent’s alleged failure to inspect each\npressure-relief valve on a highly volatile liquid pipeline twice each calendar year,\nat intervals not to exceed 7½ months.\nTCNGL presented information in its Response showing that it had taken certain actions to\naddress the cited items. If OPS finds a violation of any of these items in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nMarch 29, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n3 Id.\n\n520175019_Closure Letter_03302018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 30, 2018\nMr. Steven B. Huckaby\nChairman & CEO\nMeritage Midstream\n1331 17th Street #1100\nDenver, CO 80202\nCPF 5-2017-5019\nClosure Letter\nDear Mr. Huckaby:\nOn March 29, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Meritage Midstream a Final Order in the above-referenced case. This Order\nincluded a Compliance Order requirement to take corrective actions on your pipeline. Based\non our review of the documentation you provided, it has been determined that you have\ncomplied 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,\nKim West\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Ogirima (#154353)","truncated":false,"body_characters":9949}