{"operation":"document","citation":"CPF 320025015","title":"ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-06-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.310(b), 195.401(b), 195.432(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320025015","body":"Notice of Probable Violation involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulations as 195.310(b),  195.401(b),  195.432(a). The case was opened on 2002-06-05 and is reported as closed as of 2010-07-15. Proposed civil penalty: $10,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320025015_Closure Letter_07152010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_Closure%20Letter_07152010.pdf\n\n320025015_Closure Letter_07152010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_Closure%20Letter_07152010_text.pdf\n\n320025015_Final Order_05172004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_Final%20Order_05172004.pdf\n\n320025015_final order_05172004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_final%20order_05172004_text.pdf\n\n320025015_Closure Letter_07152010_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 15, 2010\nMr. Terry McGill\nPresident\nEnbridge Energy, LP\nSuite 3300\n1100 Louisiana\nHouston, TX 77002\nCPF 3-2002-5015\nDear Mr. McGill:\nOn May 17, 2004, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Enbridge Energy, LP, a Final Order in the above-referenced case. This Order\nincluded a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation you provided and confirmation of payment of the civil penalty, it has been\ndetermined that you have complied 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,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n\n320025015_final order_05172004_text.pdf\n\nU 5 epoonmeni\noi sonspofloson\ntosooroh and\nSpoetss rrotSnams\nActtntntstsotlon\nice sever o sl s w\nwasneston o c 2059s\nMAY 17 2004\nMr Daniel C Tutcher\nPresident\nEnbndge Energy Company, Inc\nSuite 2950\n1100 Louisiana\nHouston, TX 77002-7002\nRe CPF No 3-2002-5015\nDear Mr Tutcher\nEnclosed is the Final Order issued by the Associate Adnuiustrator for Pipehne Safety in the\nabove-referenced case It makes findings of violation, assesses a civil penalty of $5, 000, and\nspecifies actions to be laken to comply vrtth the pipelme safety regulations The penalty payment\nterms are set forth m the Fmal Order When the civil penalty is paid and the terms of the comphance\norder completed, as determmed by the Director, Central Region, this enforcement action unll be\nclosed Your receipt of the Final Order constitutes service of that document under 49 C F R tl 190 5\nJames Reynolds\nPipehne Comphance Registry\nOffice of Pipehne Safety\nEnclosure\ncc Mr John SoboJtnskt, Manager, U S Comphance and Risk Management\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn thc Matter of )\n)\nEnbrtdge Energy Company, Inc.\n,\nRespondent. )\nCPF No 3-2002-5015\ni\nOn May 7 - 18, Junc 11 - 22, and August 27, 2001, pursuant to 49 U, S C, I) 60117, a representative\nof thc Office of Pipehne Safety (OPS), conducted an on-site pipehne safety inspecnon of\nRespondent's facihties and records throughout thc states of Michigan, Indiana, Illinois, Mmnesota,\nand Wisconsin, As a result of the inspection, the Director, Central Region, OPS, issued to\nRespondent, by letter dated June 5, 2002, a Notice of Probable Violation, Proposed Civil Penalty,\nand Proposed Comphance Order (Notice) In accordance with 49 C F R I) 190207, the Nonce\nproposed finding that Respondent had violated 49 C F R ii( 195 310(b)(9), 195 432(a), and\n195 401(b) and proposed asscssmg a civil penalty of $10, 000 for the alleged violations The Nonce\nalso proposed that Respondent take certam measures to correct an alleged violation\nRespondent responded to the Nonce by letter dated June 27, 2002 (Response) Respondent did not\ncontest the allegations of violation but provided information conccnung the conective actions it has\ntaken and requested that the proposed civil penalty bc rcduccd or ehmmated Respondent provided\nfurther mformation on corrective actions it has taken by letter dated September 26, 2002\nRespondent did not request a heanng, and therefore has waved its nght to one\nIn its Response, Respondent did not contest the alleged violations in the Notice Accordmgly, I find\nthat Respondent violated thc following sectionsof49C F R Part 195, as more fully descnbed in the\nNotice\n49 C F R. 4 T&&~ — fathng to maintmn pressure testing records & ~%17 Mt\ns~ th seat Ates over thc ~ of Unc IJ 17 (due to ~\nexcecdi 2\n' ~the length of Linc N17),\n49 C F R $ 195 432(a) — failing to inspect in-service breakout tanks at intervals not\nexceeding 15 months, but at least once each calendar year, and\n\n\n\n49 C F R I'I 195 401(b) — fiuhng to address, wtthtn a reasonable time, the adverse condition\nthat was thc obstruction of numemus portions of the right-of-way fiem senal view\nThese findings of violation will bc considered pnor offenses in any subsequent enforcement action\ntaken agamst Respondent\nUnder 49 U C $ 60122, Respondent is sub)cct to a civil penalty not to exceed $100, 000 per\nviolanon for each day of the violation up to a maximum of $1, 000, 000 for any related senes of\nvtolahons\n49 U S C ti 60122 and 49 C F R ti 190 225 require that, in determimug the amount of the civil\npenalty, I consider the following cntcna nature, circumstances, and gravity of the violation, degree\nof Respondent's culpabihty, Iustory of Respondent's pnor offenses, Respondent's abihty to pay the\npenalty, good fiuth by Respondent in attempting to achieve comphance, the effect on Respondent's\nabihty to continue m busmess, and such other matters as]ustice may require\nThc Notice proposed a total civtl penait)iof $10 000 for vtotauou of 49 C F R tiki 195 310(b)(9) and\n195 432(a)\nI have determined that Respondent has no financial arcumstances that would prevent it from paying\non the assessed amounts and that Respondent's abihty to continue m business will not be\nsignificantly affected\nOPS inspectors stated that Respondent demonstrated good faith in responding to the violations\nalleged in the Notice, and that Respondent quickly uutuued action to correct items identified m the\nNotice and m this Final Order. OPS staff have taken Respondent's good fiuth into account when\nproposmg civil penalties in the Notice, as well as m post-Response recommendahons.\nItem I in the Notice proposed a $5, 000 penalty for violation of ti 195 310(b)(9) Elevation\ndifference is a cntical factor in determmmg if target test pressures are being maintamed at all pomts\nalong the pipehne Tlus is necessary to assess mtcrnal stress levels on the pipe so that pipehne\nintegnty can be assured Fiulure to account for elevation difference, and thus stress, may increase\nthe nsk for a rupture or release However, unmediately after the inspection, Respondent took action\nto address the violation by begtnmng preparation of profile drawmgs In hght of Respondent's\naction to comply with ti 195 310(b)(9) before receiving thc official Notice, I issue a reduced mvil\npenalty of $2, 500\nItem 2 in the Notice proposed a $5000 penalty for violation of ti 195 432(a) Ensunng the integnty\nof breakout tanks is cntical to rcducmg thc nsk of release of hazardous hquids from the tanks\nHowever, tanks 80 and 81 at thc Stockbndge, Michigan station had undergone integrity inspections\npnor to bang put mto service m 1999 Further, Respondent began inspectmg breakout tanks withm\n\n\n\nthree weeks atter the mspection, belore thc Notice was sent. In hght of Respondent's carhcr\ninspection activities and its action to comply with tt 195 432(a) before rectuving the official Notice,\nI issue a reduced civil penalty of $2, 500,\nAccordmgly, having reviewed the record and considered the assessment cntena, I assess Respondent\na total civil penalty of $5, 000\nPayment of the mvil penalty must be made withm 20 days of service. Payment may be made by\nsendmg a cerufied check or money order (contatnmg the CPF Number for this case) payable to \"U. S.\nDepartment of Transportation\" to the Federal Aviation Adtmmstrat ton, Mike Monroney Aeronautical\nCenter, Financial Opcrahons Division (AMZ-120), P 0, Box 25082, Oklahoma City, OK 73125\nFederal regulations (49 C F R. It 89 21(b)(3)) also permit this payment to be made by wire transfer,\nthmugh the Federal Reserve Commuiucations System (Fed wire), to the account of thc U S Treasury\nDetailed mstructions are contamed m the enclosure Questions concerning wire transfers should bc,\ndirected to Fmancial Operations Division (AMZ-120), Federal Aviation Admmistration, Mike\nMonroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK 73125, (405) 954-4719\nFailure to pay the $5, 000 civd penalty will result in accrual of interest at the current annual rate m\naccordancewith31U S C I)3717, 31C F R tt 901 9and49C FR I'I 8923 Pursuant tothosesame\nauthorities, a late penalty charge of six percent (6'/o) per annum will be charged if payment is not\nmade withm 110 days of service Furthermom, failure to pay the civil penalty may result m referral\nof the matter to the Attorney General for appropnate action m a Uruted States Distnct Court\nThe Notice proposed a comphancc order with respect to Item 3 m the Notice for violation of\n49 C F R (I 195 401(b) Pilots must have unobstructed mews of areas duectly above and ad)scent\nto the pipehne dunng senal patrolimg of the nght-of-way, Obstruction of thc pilot's view could lead\nto missed identificatio of a release or of acttvtnes on or near the rtghtwf-way that could affect the\nintegnty of thc pipeline\nUnder 49 U S C ti 60118(a), each person who engages in the transportation of hazardous hqmds or\nwho owns or operates a pipehne facility is required to comply with the apphcable safety standards\ncstabhshcd under Chapter 601 Pursuant to the authonty of 49 U S C (i 60118(b) and 49 C F R\nI) 190 217, Respondent is ordered to take the following actions to ensure comphance with the\npipehne safety regulations apphcable to its operations Respondent must\nI Develop a plan and corresponding schedule for the cleanng of obstructions hmdenng\nthe view of the pipchne nght-of-way Submit the plan and schedule to the Director,\nCentral Region for approval within 90 days of receipt of tlus Final Order\n\n\n\n2. After commenang cleanng of obstructions hmdenng thc view of the pipehne nght-of-\nway, submit quarterly pmgress reports to the Director, Central Region until such time\nas the entire pipehne right-of-way is visible from senal patrol When clcanng is\ncomplete, submit all schedules of dates cleanng activities occurred along with a notice\nof completed action to the Director, Central Region\nThe Director, Central Relon has mdicated, and this Order recogmzes, that Respondent may have\ntaken action to address some or all of the required actions Information already submitted as\nevidence of comphancc with thc proposed required actions in the Notice will bc considered by the\nDirector, Central Region in determuung comphance with this Order\nThe Director, Central Region may extend the pcnod for complying with any of the required items\nif the Respondent requests an cxtcnsion and adcquately1ustifies the reasons for the extension\nFiulwe to comply with this Fmal Order may result in the assessment of mvil penalties of up to\n$100, 000 per v~olation per day, or in the referral of the case for 1udicial enforcement\nUnder 49 C F R $ 190 215, Respondent has a right to submit a Petition for Reconsideration of this\nFmal Order The petition must be received within 20 days of Respondent's receipt of this Fmal\nOrder and must contain a brief statement of the issues The fihng of the petiuon automancally stays\nthe payment of any civil penalty assessed All other terms of the order, mcluding any required\ncorrective action, remam m full effect unless the Associate Admmistrator, upon request, grants a\nstay The terms and conditions of tlus Final Order are effective on receipt\nMAY l 7 m4\nDate Issue\n~ Qcrard\niatc A~aerator\nfor Pipehne Safety","truncated":false,"body_characters":12228}