# ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120171006
- **title:** ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2017-12-18
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.465(a), 192.465(d), 192.481(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120171006.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120171006.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120171006
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120171006
**body:**

Notice of Probable Violation involving ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 192.465(a),  192.465(d),  192.481(a). The case was opened on 2017-12-18 and is reported as closed as of 2018-06-22. Proposed civil penalty: $65,500. Assessed civil penalty: $65,500. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120171006_Final Order_06222018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171006/120171006_Final%20Order_06222018.pdf

120171006_Final Order_06222018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171006/120171006_Final%20Order_06222018_text.pdf

120171006_NOPV PCP_12182017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171006/120171006_NOPV%20PCP_12182017.pdf

120171006_NOPV PCP_12182017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171006/120171006_NOPV%20PCP_12182017_text.pdf

120171006_Operator Response To Notice_01152018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171006/120171006_Operator%20Response%20To%20Notice_01152018.pdf

120171006_Final Order_06222018_text.pdf

June 22, 2018
Mr. William T. Yardley
President
Spectra Energy Partners, LP
5400 Westheimer Court
Houston, TX 77056
Re: CPF No. 1-2017-1006
Dear Mr. Yardley:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and assesses a civil penalty of $65,500 against your subsidiary, Algonquin Gas
Transmission, LLC. This is to acknowledge receipt of payment of the full penalty amount, by
wire transfer, dated January 17, 2018. This enforcement action is now closed. Service of the
Final Order by certified mail is effective upon the date of mailing, as provided under 49 C.F.R.
§ 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA
Mr. Andy Drake, Vice President Transmission Services, Algonquin Gas
Transmission, LLC, 5400 Westheimer Court, Houston, Texas 77056
Mr. Rick Kivela, Manager, Operational Compliance, Enbridge Inc., 5400 Westheimer
Court, Houston, Texas 77056
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 )
)
Algonquin Gas Transmission, LLC, )
a subsidiary of Spectra Energy Partners, LP, )
)
) CPF No. 1-2017-1006
Respondent. )
__________________________________________)
FINAL ORDER
From November 2 to 6, 2015, pursuant to 49 U.S.C. § 60117, representatives 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 Algonquin Gas
Transmission, LLC’s (AGT or Respondent), a subsidiary of Spectra Energy Partners, LP,
facilities at PHMSA Unit #1931 (Boston/Westwood) and PHMSA Unit #72496 (Hubline) in
Westwood, Massachusetts. AGT is located primarily in New England (from lower New Jersey
through Salem, Massachusetts). The AGT pipeline transports 3.08 billion cubic feet per day of
natural gas through 1,129 miles of pipeline.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated December 18, 2017, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that AGT had
violated 49 C.F.R. §§ 192.465 and 192.481(a) and proposed assessing a civil penalty of $65,500
for the alleged violations.
Enbridge, Inc., responded to the Notice on behalf of Respondent by letter dated January 15, 2018
(Response). The company did not contest the allegations of violation and paid the proposed civil
penalty of $65,500. In accordance with 49 C.F.R. § 190.208(a)(1), such payment authorizes the
Associate Administrator to make findings of violation and to issue this final order without further
proceedings.
1 http://www.spectraenergypartners.com/operations/natural-gas-pipelines/algonquin-gas-transmission (last accessed
on April 4, 2018). Effective February 27, 2017, pursuant to a merger between Enbridge, Inc. (Enbridge), and Spectra
Energy Corp., Spectra Energy Partners, LP, became a subsidiary of Enbridge Inc. Enbridge owns and operates an
extensive network of crude oil, liquids and natural gas pipelines, regulated natural gas distribution utilities, and
renewable power generation. See Enbridge website, available at, http://www.enbridge.com/media-
center/news/details?id=2126823&lang=en&year=2017 (last accessed April 22, 2018).



CPF No. 1-2017-1006
Page 2
FINDINGS OF VIOLATION
In its Response, AGT 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. § 192.465, which states, in
relevant part:
§ 192.465 External corrosion control: Monitoring.
(a) Each pipeline that is under cathodic protection must be tested at least
once each calendar year, but with intervals not exceeding 15 months,
to determine whether the cathodic protection meets the requirements
of § 192.463…
(d) Each operator shall take prompt remedial action to correct any
deficiencies indicated by the monitoring.
The Notice alleged that Respondent violated 49 C.F.R. § 192.465 by failing to take prompt
remedial action to correct deficiencies indicated by its cathodic protection (CP) monitoring.
Specifically, the Notice alleged that during the inspection, the PHMSA inspector reviewed CP
monitoring records from 2012-2014 for AGT’s pipeline system located in the Westwood,
Massachusetts operating area. The records show that in nine instances, AGT failed to take
prompt remedial action to correct low potential deficiencies indicated by annual CP monitoring
at six different test stations within the Boston/Westwood and Hubline areas, prior to the next
scheduled inspection.
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. § 192.465 by failing to take prompt
remedial action to correct deficiencies indicated by its CP monitoring.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.481(a), which states in
relevant part:
§ 192.481 Atmospheric corrosion control: Monitoring.
(a) Each operator must inspect each pipeline or portion of pipeline that
is exposed to the atmosphere for evidence of atmospheric corrosion, as
follows:
If the pipeline is located: Onshore…………………...
Offshore…………………..
Then the frequency of inspection is:
At least once every 3 calendar years, but
with intervals not exceeding 39 months
At least once each calendar year, but with
intervals not exceeding 15 months
The Notice alleged that Respondent violated 49 C.F.R. § 192.481(a) by failing to inspect each
pipeline or portion of pipeline that is exposed to the atmosphere for evidence of atmospheric



CPF No. 1-2017-1006
Page 3
corrosion at a frequency of at least once every three calendar years, but with intervals not
exceeding 39 months. Specifically, the Notice alleged that AGT failed to inspect three locations
on its Q Pipeline System within the Boston/Westwood area that were exposed to the atmosphere
for evidence of atmospheric corrosion within the 39-month maximum interval. During the
inspection, the PHMSA inspector reviewed atmospheric-corrosion inspection records from 2012
through November 4, 2015, for AGT’s Q and I Pipeline Systems. The records indicated that
Valve Q11, Milford M&R #20, and Valve H11-Q1-Launcher atmospheric-corrosion inspections
occurred on April 5, 2012; however, AGT did not have atmospheric corrosion inspection records
for 2015 for these locations. On November 6, 2015, and November 9, 2015, after the inspection,
AGT conducted atmospheric corrosion inspections at the three locations referenced above.
Therefore, the Notice alleged that AGT exceeded the 39-month maximum interval by 123 days
for two locations, and by 126 days for one location.
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. § 192.481(a) by failing to inspect three
locations on its Q Pipeline System that were exposed to the atmosphere for evidence of
atmospheric corrosion within the 39-month maximum interval.
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
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.2
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; 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 $65,500 for the violations cited above.
Item 1: The Notice proposed a civil penalty of $40,300 for Respondent’s violation of 49 C.F.R.
§ 192.465, for failing to take prompt remedial action to correct deficiencies indicated by its CP
monitoring. AGT neither contested the allegation nor presented any evidence or argument
justifying reduction or elimination of the proposed penalty. Accordingly, having reviewed the
record and considered the assessment criteria, I assess Respondent a civil penalty of $40,300 for
violation of 49 C.F.R. § 192.465.
2 These amounts are adjusted annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum
Civil Penalties, 82 Fed. Reg. 19325 (April 27, 2017).



CPF No. 1-2017-1006
Page 4
Item 2: The Notice proposed a civil penalty of $25,200 for Respondent’s violation of 49 C.F.R.
§ 192.481(a), for failing to inspect three locations on its Q Pipeline System that were exposed to
the atmosphere for evidence of atmospheric corrosion within the 39-month maximum interval.
AGT neither contested the allegation nor presented any evidence or argument justifying
reduction or elimination of the proposed penalty. Accordingly, having reviewed the record and
considered the assessment criteria, I assess Respondent a civil penalty of $25,200 for violation of
49 C.F.R. § 192.481(a).
In summary, having reviewed the record and considered the assessment criteria for each of the
Items cited above, I assess Respondent a total civil penalty of $65,500. Respondent paid the civil
penalty on January 17, 2018.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
June 22, 2018
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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