ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Amendment

party submissionOfficial PDF120105006M_Operator Response to NOA_10222010.pdf#

120105006M_Closure Letter_05052011_text.pdf, page 1Official PDFU.S. Department 820 Bear Tavern Road, Suite 103 Of Transportation West Trenton, NJ 08628 Pipeline and 609.989.2171 Hazardous Materials Safety Administration UPS OVERNIGHT DELIVERY May 5, 2011 Mr. Terry McGill, President Enbridge Energy Partners, LP 1100 Louisiana, Suite 3300 Houston, Texas 77002 CPF 1-2010-5006M Dear Mr. McGill: Between October 14 and December 10, 2008, a State Inspector from the New York Public Service Commission (NY PSC), acting as an Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection of Enbridge Energy Partners, L.P. (Enbridge) procedures in Buffalo, NY. As a result of the inspection, Enbridge was issued a Notice of Amendment on September 23, 2010, which proposed amendment of your procedures. Enbridge submitted its amended procedures on October 22, 2010, and a supplemental submittal on April 14, 2011 (via electronic transmission). My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Byron Coy, PE Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Cc: Mr. Gavin Nicoletta, NY PSC#

120105006M_Notice of Amendment_09232010_text.pdf, page 1Official PDFU.S. Department 820 Bear Tavern Road, Suite 306 Of Transportation West Trenton, NJ 08628 Pipeline and 609.989.2171 Hazardous Materials Safety Administration NOTICE OF AMENDMENT UPS OVERNIGHT DELIVERY September 23, 2010 Mr. Terry McGill, President Enbridge Energy Partners, L.P. 1100 Louisiana, Suite 3300 Houston, Texas 77002 CPF 1-2010-5006M Dear Mr. McGill: Between October 14 and December 10, 2008, a State Inspector from the New York Public Service Commission (NY PSC), acting as an Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Enbridge Energy Partners, L.P. (Enbridge) procedures for Operations and Maintenance (O&M) in Buffalo, NY. On the basis of the inspection, PHMSA has identified the apparent inadequacy found within Enbridge plans or procedures, as described below: 1. §195.402 Procedural manual for operations, maintenance, and emergencies. (a) General. Each operator shall prepare and follow for each pipeline system a manual of written procedures for conducting normal operations and maintenance activities and handling abnormal operations and emergencies. This manual shall be reviewed at intervals not exceeding 15 months, but at least once each calendar year, and appropriate changes made as necessary to insure that the manual is effective. This manual shall be prepared before initial operations of a pipeline system commence, and appropriate parts shall be kept at locations where operations and maintenance activities are conducted.#

120105006M_Notice of Amendment_09232010_text.pdf, page 2CPF 1-2010-5006M As a method of overpressure protection, Enbridge uses pressure monitoring devices on its pipeline facilities to trigger a shutdown alarm in its Supervisory Control and Data Acquisition (SCADA) system. Enbridge O&M procedure (EP2049QR) requires a test of the pressure monitoring devices, but not of the SCADA system shutdown alarm which provides the indication that an over-pressure condition exists. Enbridge needs to revise its O&M procedures to include provisions to test the SCADA system shutdown alarm in order to meet the requirements of §195.402(a) so that they can inspect and test each pressure limiting device as required by §195.428(a). Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 60 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. In correspondence concerning this matter, please refer to CPF 1-2010-5006M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Byron E. Coy, P.E. Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings CC: Mr. Gavin Nicoletta, NY PSC 120105006M_Notice of Amendment_09232010 Page 2 of 2#