# ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

320025015_Closure Letter_07152010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_Closure%20Letter_07152010.pdf

320025015_Closure Letter_07152010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_Closure%20Letter_07152010_text.pdf

320025015_Final Order_05172004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_Final%20Order_05172004.pdf

320025015_final order_05172004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025015/320025015_final%20order_05172004_text.pdf

320025015_Closure Letter_07152010_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 15, 2010
Mr. Terry McGill
President
Enbridge Energy, LP
Suite 3300
1100 Louisiana
Houston, TX 77002
CPF 3-2002-5015
Dear Mr. McGill:
On May 17, 2004, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Enbridge Energy, LP, a Final Order in the above-referenced case. This Order
included a Compliance Order and Civil Penalty assessment. Based on our review of the
documentation you provided and confirmation of payment of the civil penalty, 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,
David Barrett
Director, Central Region
Pipeline and Hazardous Materials Safety Administration

320025015_final order_05172004_text.pdf

U 5 epoonmeni
oi sonspofloson
tosooroh and
Spoetss rrotSnams
Acttntntstsotlon
ice sever o sl s w
wasneston o c 2059s
MAY 17 2004
Mr Daniel C Tutcher
President
Enbndge Energy Company, Inc
Suite 2950
1100 Louisiana
Houston, TX 77002-7002
Re CPF No 3-2002-5015
Dear Mr Tutcher
Enclosed is the Final Order issued by the Associate Adnuiustrator for Pipehne Safety in the
above-referenced case It makes findings of violation, assesses a civil penalty of $5, 000, and
specifies actions to be laken to comply vrtth the pipelme safety regulations The penalty payment
terms are set forth m the Fmal Order When the civil penalty is paid and the terms of the comphance
order completed, as determmed by the Director, Central Region, this enforcement action unll be
closed Your receipt of the Final Order constitutes service of that document under 49 C F R tl 190 5
James Reynolds
Pipehne Comphance Registry
Office of Pipehne Safety
Enclosure
cc Mr John SoboJtnskt, Manager, U S Comphance and Risk Management



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In thc Matter of )
)
Enbrtdge Energy Company, Inc.
,
Respondent. )
CPF No 3-2002-5015
i
On May 7 - 18, Junc 11 - 22, and August 27, 2001, pursuant to 49 U, S C, I) 60117, a representative
of thc Office of Pipehne Safety (OPS), conducted an on-site pipehne safety inspecnon of
Respondent's facihties and records throughout thc states of Michigan, Indiana, Illinois, Mmnesota,
and Wisconsin, As a result of the inspection, the Director, Central Region, OPS, issued to
Respondent, by letter dated June 5, 2002, a Notice of Probable Violation, Proposed Civil Penalty,
and Proposed Comphance Order (Notice) In accordance with 49 C F R I) 190207, the Nonce
proposed finding that Respondent had violated 49 C F R ii( 195 310(b)(9), 195 432(a), and
195 401(b) and proposed asscssmg a civil penalty of $10, 000 for the alleged violations The Nonce
also proposed that Respondent take certam measures to correct an alleged violation
Respondent responded to the Nonce by letter dated June 27, 2002 (Response) Respondent did not
contest the allegations of violation but provided information conccnung the conective actions it has
taken and requested that the proposed civil penalty bc rcduccd or ehmmated Respondent provided
further mformation on corrective actions it has taken by letter dated September 26, 2002
Respondent did not request a heanng, and therefore has waved its nght to one
In its Response, Respondent did not contest the alleged violations in the Notice Accordmgly, I find
that Respondent violated thc following sectionsof49C F R Part 195, as more fully descnbed in the
Notice
49 C F R. 4 T&&~ — fathng to maintmn pressure testing records & ~%17 Mt
s~ th seat Ates over thc ~ of Unc IJ 17 (due to ~
excecdi 2
' ~the length of Linc N17),
49 C F R $ 195 432(a) — failing to inspect in-service breakout tanks at intervals not
exceeding 15 months, but at least once each calendar year, and



49 C F R I'I 195 401(b) — fiuhng to address, wtthtn a reasonable time, the adverse condition
that was thc obstruction of numemus portions of the right-of-way fiem senal view
These findings of violation will bc considered pnor offenses in any subsequent enforcement action
taken agamst Respondent
Under 49 U C $ 60122, Respondent is sub)cct to a civil penalty not to exceed $100, 000 per
violanon for each day of the violation up to a maximum of $1, 000, 000 for any related senes of
vtolahons
49 U S C ti 60122 and 49 C F R ti 190 225 require that, in determimug the amount of the civil
penalty, I consider the following cntcna nature, circumstances, and gravity of the violation, degree
of Respondent's culpabihty, Iustory of Respondent's pnor offenses, Respondent's abihty to pay the
penalty, good fiuth by Respondent in attempting to achieve comphance, the effect on Respondent's
abihty to continue m busmess, and such other matters as]ustice may require
Thc Notice proposed a total civtl penait)iof $10 000 for vtotauou of 49 C F R tiki 195 310(b)(9) and
195 432(a)
I have determined that Respondent has no financial arcumstances that would prevent it from paying
on the assessed amounts and that Respondent's abihty to continue m business will not be
significantly affected
OPS inspectors stated that Respondent demonstrated good faith in responding to the violations
alleged in the Notice, and that Respondent quickly uutuued action to correct items identified m the
Notice and m this Final Order. OPS staff have taken Respondent's good fiuth into account when
proposmg civil penalties in the Notice, as well as m post-Response recommendahons.
Item I in the Notice proposed a $5, 000 penalty for violation of ti 195 310(b)(9) Elevation
difference is a cntical factor in determmmg if target test pressures are being maintamed at all pomts
along the pipehne Tlus is necessary to assess mtcrnal stress levels on the pipe so that pipehne
integnty can be assured Fiulure to account for elevation difference, and thus stress, may increase
the nsk for a rupture or release However, unmediately after the inspection, Respondent took action
to address the violation by begtnmng preparation of profile drawmgs In hght of Respondent's
action to comply with ti 195 310(b)(9) before receiving thc official Notice, I issue a reduced mvil
penalty of $2, 500
Item 2 in the Notice proposed a $5000 penalty for violation of ti 195 432(a) Ensunng the integnty
of breakout tanks is cntical to rcducmg thc nsk of release of hazardous hquids from the tanks
However, tanks 80 and 81 at thc Stockbndge, Michigan station had undergone integrity inspections
pnor to bang put mto service m 1999 Further, Respondent began inspectmg breakout tanks withm



three weeks atter the mspection, belore thc Notice was sent. In hght of Respondent's carhcr
inspection activities and its action to comply with tt 195 432(a) before rectuving the official Notice,
I issue a reduced civil penalty of $2, 500,
Accordmgly, having reviewed the record and considered the assessment cntena, I assess Respondent
a total civil penalty of $5, 000
Payment of the mvil penalty must be made withm 20 days of service. Payment may be made by
sendmg a cerufied check or money order (contatnmg the CPF Number for this case) payable to "U. S.
Department of Transportation" to the Federal Aviation Adtmmstrat ton, Mike Monroney Aeronautical
Center, Financial Opcrahons Division (AMZ-120), P 0, Box 25082, Oklahoma City, OK 73125
Federal regulations (49 C F R. It 89 21(b)(3)) also permit this payment to be made by wire transfer,
thmugh the Federal Reserve Commuiucations System (Fed wire), to the account of thc U S Treasury
Detailed mstructions are contamed m the enclosure Questions concerning wire transfers should bc,
directed to Fmancial Operations Division (AMZ-120), Federal Aviation Admmistration, Mike
Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK 73125, (405) 954-4719
Failure to pay the $5, 000 civd penalty will result in accrual of interest at the current annual rate m
accordancewith31U S C I)3717, 31C F R tt 901 9and49C FR I'I 8923 Pursuant tothosesame
authorities, a late penalty charge of six percent (6'/o) per annum will be charged if payment is not
made withm 110 days of service Furthermom, failure to pay the civil penalty may result m referral
of the matter to the Attorney General for appropnate action m a Uruted States Distnct Court
The Notice proposed a comphancc order with respect to Item 3 m the Notice for violation of
49 C F R (I 195 401(b) Pilots must have unobstructed mews of areas duectly above and ad)scent
to the pipehne dunng senal patrolimg of the nght-of-way, Obstruction of thc pilot's view could lead
to missed identificatio of a release or of acttvtnes on or near the rtghtwf-way that could affect the
integnty of thc pipeline
Under 49 U S C ti 60118(a), each person who engages in the transportation of hazardous hqmds or
who owns or operates a pipehne facility is required to comply with the apphcable safety standards
cstabhshcd under Chapter 601 Pursuant to the authonty of 49 U S C (i 60118(b) and 49 C F R
I) 190 217, Respondent is ordered to take the following actions to ensure comphance with the
pipehne safety regulations apphcable to its operations Respondent must
I Develop a plan and corresponding schedule for the cleanng of obstructions hmdenng
the view of the pipchne nght-of-way Submit the plan and schedule to the Director,
Central Region for approval within 90 days of receipt of tlus Final Order



2. After commenang cleanng of obstructions hmdenng thc view of the pipehne nght-of-
way, submit quarterly pmgress reports to the Director, Central Region until such time
as the entire pipehne right-of-way is visible from senal patrol When clcanng is
complete, submit all schedules of dates cleanng activities occurred along with a notice
of completed action to the Director, Central Region
The Director, Central Relon has mdicated, and this Order recogmzes, that Respondent may have
taken action to address some or all of the required actions Information already submitted as
evidence of comphancc with thc proposed required actions in the Notice will bc considered by the
Director, Central Region in determuung comphance with this Order
The Director, Central Region may extend the pcnod for complying with any of the required items
if the Respondent requests an cxtcnsion and adcquately1ustifies the reasons for the extension
Fiulwe to comply with this Fmal Order may result in the assessment of mvil penalties of up to
$100, 000 per v~olation per day, or in the referral of the case for 1udicial enforcement
Under 49 C F R $ 190 215, Respondent has a right to submit a Petition for Reconsideration of this
Fmal Order The petition must be received within 20 days of Respondent's receipt of this Fmal
Order and must contain a brief statement of the issues The fihng of the petiuon automancally stays
the payment of any civil penalty assessed All other terms of the order, mcluding any required
corrective action, remam m full effect unless the Associate Admmistrator, upon request, grants a
stay The terms and conditions of tlus Final Order are effective on receipt
MAY l 7 m4
Date Issue
~ Qcrard
iatc A~aerator
for Pipehne Safety
- **truncated:** false
- **body characters:** 12228