ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Probable Violation

320025015_Closure Letter_07152010_text.pdf, page 1Official PDFCERTIFIED 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, page 1Official PDFU 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#

320025015_final order_05172004_text.pdf, page 2DEPARTMENT 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#

320025015_final order_05172004_text.pdf, page 349 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#

320025015_final order_05172004_text.pdf, page 4three 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#

320025015_final order_05172004_text.pdf, page 52. 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#