# TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120121007
- **title:** TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2012-04-04
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.709(c), 192.745(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120121007.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120121007.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120121007
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120121007
**body:**

Notice of Probable Violation involving TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 192.709(c),  192.745(a). The case was opened on 2012-04-04 and is reported as closed as of 2013-01-23. Proposed civil penalty: $5,100. Assessed civil penalty: $5,100. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120121007_Closure Letter_01232013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Closure%20Letter_01232013.pdf

120121007_Closure Letter_01232013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Closure%20Letter_01232013_text.pdf

120121007_Final Order_08312012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Final%20Order_08312012.pdf

120121007_Final Order_08312012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Final%20Order_08312012_text.pdf

120121007_NOPV_PCP_PCO_04042012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_NOPV_PCP_PCO_04042012_text.pdf

120121007_Operator_Response_to_Notice_05032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Operator_Response_to_Notice_05032012.pdf

120121007_Closure Letter_01232013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
EXPRESS OVERNIGHT DELIVERY
January 23, 2013
Theopolis Holeman
Vice President, Eastern Operations
Spectra Energy Transmission, LLC
5400 Westheimer Court
Houston, TX 77056
CPF 1-2012-1007
Dear Mr. Holeman:
On August 31, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Spectra Energy Transmission, LLC a Final Order in the above-referenced (Texas
Eastern Transmission) case. This Order included a Compliance Order and Civil Penalty
assessment. Based on our review of the documentation you provided in your response dated
12/19/2012 and confirmation of payment of the civil penalty on 6/07/2012, it has been
determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, P.E.
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration

120121007_Final Order_08312012_text.pdf

AUGUST 31, 2012
Mr. Gregory L. Ebel
President and Chief Executive Officer
Spectra Energy Transmission, LLC
5400 Westheimer Court
Houston, TX 77056-5310
Re: CPF No. 1-2012-1007
Dear Mr. Ebel:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $5,100. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated June 7, 2012. When the terms of the compliance
order are completed, as determined by the Director, Eastern Region, this enforcement action will
be closed. Service of the Final Order by certified mail is deemed effective upon the date of
mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. J. Andrew Drake, P.E. – Vice President, Asset Integrity – Spectra Energy
Transmission, LLC - 5400 Westheimer Court, Houston, TX 77056-5310
Mr. Byron Coy, Director, Eastern Region, OPS
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED.



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Texas Eastern Transmission, LP, ) CPF No. 1-2012-1007
a subsidiary of Spectra Energy )
Transmission, LLC )
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
During the week of November 29, 2010, pursuant to 49 U.S.C. § 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Texas
Eastern Transmission, LP (TETLP or Respondent) near South Plainfield, New Jersey. TETLP, a
wholly owned subsidiary of Spectra Energy Corporation, operates a system of approximately
1,700 miles of gas transmission pipeline originating in the Gulf Coast region and terminating in
Ohio, Pennsylvania, New Jersey, and New York.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated April 4, 2012, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that TETLP had violated 49 C.F.R. § 192.709(c) and 192.745(a) and proposed
assessing a civil penalty of $5,100 for one of the alleged violations. The Notice also proposed
ordering Respondent to take certain measures to correct the other alleged violation.
TETLP responded to the Notice by letter dated May 3, 2012 (Response). The company did not
contest the allegations of violation but expressed its intent to comply with the proposed
compliance order and paid the proposed civil penalty of $5,100, as provided in
49 C.F.R. § 190.227.
1 Spectra Energy Corp. 10-K, 2010, at 6. See, http://www.spectraenergy.com/Operations/North-America-
Transmission/Assets/. (last assessed August 6, 2012)



2
FINDINGS OF VIOLATION
In its response, TETLP did not contest the allegations in the Notice that it violated
49 C.F.R. Part 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.709, which states:
§ 192.709 Transmission lines: Record keeping.
Each operator shall maintain the following records for transmission
lines for the periods specified:
(a) …
(c) A record of each patrol, survey, inspection, and test required by
subparts L and M of this part must be retained for at least 5 years or until
the next patrol, survey, inspection, or test is completed, whichever is
longer.
The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), as quoted above, by failing
to maintain a record of each patrol, survey, inspection, and test required by subparts L and M of
this part. Specifically, the Notice alleged that TETLP’s records indicated that three valves that
might be used in an emergency had not been partially operated during its annual valve
inspection. 2 During the inspection, Respondent stated that the valves had to be operated but
acknowledged that its records contained incorrect codes.
3 Respondent did not contest this
allegation of violation. Without records of valve inspections, TETLP cannot demonstrate that
the inspections occurred. Accordingly, based upon a review of all of the evidence, I find that
Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain a record that correctly
documented whether three valves that might be used in an emergency had been partially operated
during annual valve inspections, in accordance with subparts L and M of Part 192.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.745, which states:
§ 192.745 Valve maintenance: Transmission lines.
(a) Each transmission line valve that might be required during any
emergency must be inspected and partially operated at intervals not
exceeding 15 months, but at least once each calendar year.
The Notice alleged that Respondent violated 49 C.F.R. § 192.745(a) by failing to inspect and
partially operate each transmission line valve that might be required during any emergency at
intervals not exceeding 15 months, but at least once each calendar year. Specifically, the Notice
alleged that TETLP failed to partially or fully operate four valves that might be used in an
2 Pipeline Safety Violation Report, (Violation Report) (April 4, 2012) at 2 and Exhibit A.
3 Violation Report at 2.



3
emergency.
4 Respondent did not contest this allegation of violation. Accordingly, based upon a
review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.745(a) by failing to
inspect and partially operate each transmission line valve that might be required during an
emergency at intervals not exceeding 15 months, but at least once each calendar year.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any
related series of violations. In determining the amount of a civil penalty under
49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s
ability to pay the penalty and any effect that the penalty may have on its ability to continue doing
business; and the good faith of Respondent in attempting to comply with the pipeline safety
regulations. In addition, I may consider the economic benefit gained from the violation without
any reduction because of subsequent damages, and such other matters as justice may require.
The Notice proposed a total civil penalty of $5,100 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $5,100 for Respondent’s violation of
49 C.F.R. § 192.709(c), for failing to maintain a record that correctly documented whether three
valves that might be used in an emergency had been partially operated during annual valve
inspections, in accordance with subparts L and M of Part 192. TETLP neither contested the
allegation nor presented any evidence or argument justifying elimination of the proposed
penalty. Although Respondent suggested that the valves had been operated, Respondent
acknowledged that TETLP’s records contained errors and the incorrect code to indicate that the
valves had been operated. Respondent was cognizant of the requirement to maintain record for
tests required under Subpart L and M but failed to do so. Sound record-keeping practices are
critical to the safety of transmission lines. Improper record-keeping practices may enable
pipeline problems to go unnoticed, ultimately leading to a pipeline failure. In addition to sound
record-keeping practices, ensuring valves that might be used in an emergency are operable is
vitally important to preventing a pipeline failure. Accordingly, having reviewed the record and
considered the assessment criteria, I assess Respondent a civil penalty of $5,100 for violation of
49 C.F.R. § 192.709(c), which has already been paid by Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 2 in the Notice for violation of
49 C.F.R. § 192.745(a). Under 49 U.S.C. § 60118(a), each person who engages in the
4 Violation Report at 7 and Exhibit A3



4
transportation of gas or who owns or operates a pipeline facility is required to comply with the
applicable safety standards established under chapter 601. Pursuant to the authority of
49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following
actions to ensure compliance with the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 192.745(a) (Item 2), Respondent must review its
entire inventory of valves within a 50-mile radius of South Plainfield, NJ to properly
classify those valves that might be used in an emergency. TETLP must also revise its
Standard Operating Procedure 5-5010, to specify those classifications of valves that
might be used in an emergency, in accordance with §192.745(a). In addition, each
valve must be identified and listed in Respondent’s EAM Solution (Maximo) or other
data base management system to schedule and document maintenance on applicable
valves.
2. Within 120 days of the date of this Final Order, Respondent must complete all of
the requirements in Item 1 above and submit evidence of completion to the Director.
3. It is requested (not mandated) that TETLP maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the
total to Byron Coy, Director, Eastern Region, Pipeline and Hazardous Materials
Safety Administration. It is requested that these costs be reported in two categories:
1) total cost associated with preparation/revision of plans, procedures, studies and
analyses, and 2) total cost associated with replacements, additions, and other changes
to pipeline infrastructure
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $100,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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