# ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Amendment

- **operation:** document
- **citation:** CPF 120105006M
- **title:** ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Amendment
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2010-09-23
- **effective on:** Not available
- **summary:** CLOSED notice of amendment citing 195.402(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120105006m.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120105006m.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120105006m
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120105006M
**body:**

Notice of Amendment involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2010-09-23 and is reported as closed as of 2011-05-05. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120105006M_Closure Letter_05052011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105006M/120105006M_Closure%20Letter_05052011.pdf

120105006M_Closure Letter_05052011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105006M/120105006M_Closure%20Letter_05052011_text.pdf

120105006M_Notice of Amendment_09232010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105006M/120105006M_Notice%20of%20Amendment_09232010.pdf

120105006M_Notice of Amendment_09232010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105006M/120105006M_Notice%20of%20Amendment_09232010_text.pdf

120105006M_Operator Response to NOA_10222010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105006M/120105006M_Operator%20Response%20to%20NOA_10222010.pdf

120105006M_Closure Letter_05052011_text.pdf

U.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

U.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.



CPF 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
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