{"operation":"document","citation":"CPF 320041007","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":"2004-04-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.225(b), 192.465(b), 192.706(a), 192.731(a), 192.743(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320041007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320041007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320041007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320041007","body":"Notice of Probable Violation involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulations as 192,  192.225(b),  192.465(b),  192.706(a),  192.731(a),  192.743(b). The case was opened on 2004-04-05 and is reported as closed as of 2006-03-16. Proposed civil penalty: $11,500. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320041007_Final Order_02162006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041007/320041007_Final%20Order_02162006.pdf\n\n320041007_final order_02162006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041007/320041007_final%20order_02162006_text.pdf\n\nCPF NO  3-2004-1007 ENBRIDGE ENERGY LIMITED PARTNERSHIP.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320041007/CPF%20NO%20%203-2004-1007%20ENBRIDGE%20ENERGY%20LIMITED%20PARTNERSHIP.pdf\n\n320041007_final order_02162006_text.pdf\n\nLt 5 Department\nof Transportation\ntsttsetine ond\nHozordous Motertots Sofety\nAdministrot ton\n400 Seventh Street, S W\nWashington, 0 C 20590\nlll' th\nMr Dan Tutcher\nPresident\nEnbrtdge Energy, Limited Partnership\n1100 Louisiana, Suite 2950\nHouston, TX 77002\nRe CPF No 3-2004-1007\nDear Mr Tutcher\nEnclosed is the Final Order issued by the Associate Admmistrator for Pipehne Safety in\nthe above-referenced case It withdraws one of the alleganons of violation, makes findmgs of\nviolation, and assesses a civil penalty of $5, 000 The penalty payment terms are set forth m\nthe Final Order This enforcement action closes automatically upon payment Your receipt of\nthe Fmal Order constitutes service of that document under 49 C F R t3 190 5\nSincerely\nJames Reynolds\nPipelme Comphance Registry\nOffice of Pipeline Safety\nEnclosure\ncc Mr Ivan Huntoon\nDirector, Central Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT RE VESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nEnbridge Energy\nLimited Partnership,\nRespondent.\nCPF No. 3-2004-1007\nFINAL ORDER\nOn September 3-6, 2002, October 15-16, 2002, and March 10-11, 2003, pursuant to 49 U S C t't\n60117, representatives of the Pipehne and Hazardous Matenals Safety Adnumstration (PHMSA)\nand the Michigan Public Service Commission conducted an on-site pipehne safety inspection of\nRespondent's Vector pipelme facilities and records in lllmois, Indiana, and Michigan As a result\nof the inspection, the Director, Central Region, PHMSA, issued to Respondent, by letter dated\nApnl 5, 2004, a Notice of Probable Violation and Proposed Civd Penalty (Nonce) In\naccordance with 49 C F R 5 190 207, the Notice proposed findin that Respondent had\ncommitted violations of 49 C F R Part 192 and proposed assessing a mvil penalty of $11, 500 for\nthe alleged violations\nRespondent responded to the Notice by letter dated May 5, 2004, as supplemented by letter dated\nFebruary 11, 2005 (Response) Respondent contested the allegations m part, offered information\nto explain the alleganons, descnbed the corrective measures it has taken, and requested that the\nproposed mvil penalty be reduced or ehmmated Respondent did not request a heanng, and\ntherefore has wiuved its nght to one\nFINDINGS OF VIOLATION\nItem 4 in the Notice alleged that Respondent violated 49 C F R 5 192 731(a) by fiuling to\ndemonstrate that relief valves PSV-108 and PSV-208 were inspected in 2001 or 2002 In its\nresponse, Respondent provided documentation demonstrating that the specified valves were\nmspected in 2002, but acknowledged that the valves were not inspected in 2001 Accordingly, I\nfind that Respondent violated tl 192 731(a) by failing to inspect the specified relief valves in\n2001\n\n\n\nItem 5 in the Notice alleged that Respondent violated 49 C F R g 192 743 by fatling to\ndemonstrate that yearly review and calculations of rehef capacities were conducted for relief\nvalves PSV-003, PSV-108, and PSV-208 in 2001 or 2002 In its response, Respondent provided\ndocumentation demonstrating that PSV-003 had been checked for set point in 2001, but\nacknowledged that yearly calculations of relief capacities for the specified valves were not\ndocumented m 2001 and 2002 Accordingly, I find that Respondent violated ll 192 743 by fiuhng\nto demonstrate that yearly review and calculations of relief capacities were conducted for the\nspecified rehef valves in 2001 or 2002\nThese findings of violation will be considered pnor offenses in any subsequent enforcement\naction taken agamst Respondent\nWITHDRAWAL OF ALLEGATION\nItem 1 in the Notice alleged that Respondent violated 49 C F R 5 192 225(b) by failing to\ndemonstrate that a welding procedure used for the Crete Lateral construction proJect had been\nquahfied by appropnate tests In its response, Respondent submitted information demonstrating\nthat it did have a quahfied welding procedure m place at the time of the construction Based on\nthis information demonstrating comphance with the regulation, I am withdrawing this allegation\nof violation\nASSESSMENT OF PENALTY\nUnder 49 U S C 5 60122, Respondent is sub)ect to a civil penalty not to exceed $25, 000 per\nviolation for each day of the violation up to a maximum of $500, 000 for any related senes of\nviolations\n49 U S C l'r 60122 and 49 C F R 5 190 225 require that, in determinmg the amount of the civil\npenalty, I consider the followmg cntena nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, history of Respondent's pnor offenses, Respondent's abihty to\npay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as &ustice may require\nWith respect to Item 4, the Notice proposed a civil penalty of $3, 000 for Respondent's failure to\ndemonstrate that pressure relief valves PSV-108 and PSV-208 were timely inspected Annual\ninspection and testing of reltef devices is an important part of pipehne safety because their\noperability must be periodically venfied in order to ensure protection against potential\noverpressure events In its response, Respondent explained that its failure to inspect the specified\nvalves in 2001 was an oversight, and demonstrated that it did m fact mspect the specified valves\nin 2002 Based on this information demonstrating compliance with the applicable regulation in\none of the two years cited, a reduction of 50 percent in the civil penalty amount proposed in the\nNotice for this item is warranted Accordingly, I assess Respondent a civil penalty of $1, 500 for\nviolating 49 C F R tt 192 731(a)\n\n\n\nWith respect to Item 5, the Notice proposed a civil penalty of $3, 500 for Respondent's failure to\ndemonstrate that yearly review and calculations of relief capacities were conducted for the\nspecified relief valves m 2001 or 2002 Annual review and calculations of relief valve capacities\nis an important part of pipehne safety because the sufficiency of their capacity to hmit the\noperating pressure to the desired maximum must be penodically venfied in order to prevent\npotential overpressure events from causing damage In its response, Respondent explamed that it\nhad reason to believe that the relief capacities of the specified valves were sufficient dunng the\nrelevant penod Respondent, however, has presented no information that would warrant a\nreduction in the civil penalty amount proposed in the Notice for this violation Accordingly, I\nassess Respondent a civil penalty of $3, 500 for violating 49 C F R I't 192 743\nAccordingly, having reviewed the record and considered the assessment cntena, I assess\nRespondent a total civil penalty of $5, 000\nPayment of the civil penalty must be made wtthm 20 days of service Payment may be made by\nsending a certified check or money order (contaming the CPF Number for this case) payable to\n\"U S Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P 0 Box 25082, Oklahoma\nCity, OK 73125\nFederal regulations (49 C F R II 89 21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwtre), to the account of the\nU S Treasury Detailed instructions are contained in the enclosure Questions concerning wire\ntransfers should be directed to Financial Operations Division (AMZ-120), Federal Aviauon\nAdmtntsnatton, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK\n73125, (405) 954-4719\nFadure to pay the $5, 000 civi! penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U S C tl3717, 31 C F R t'1 901 9 and 49 C F R II 8923 Pursuant to\nthose same authonties, a late penalty charge of six percent (6') per annum will be charged if\npayment is not made withm 110 days of service Furthermore, failure to pay the civd penalty\nmay result in referral of the matter to the Attorney General for appropnate action in a United\nStates Distnct Court\nWARNING ITEMS\nThe Notice did not propose a civil penalty or comphance order for Items 2 and 3 in the Notice\nTherefore, these are considered to be warning items The warnings were for Respondent's failure\nto timely mspect three rectifiers m accordance with 11 192 465(b), and fadure to timely conduct\nleak surveys at three locations m accordance with I'I 192 706(a) Respondent is warned that if\nthese items are not addressed, enforcement action will be taken if a subsequent mspection reveals\na violation\n\n\n\nUnder 49 C F R 5 190 215, Respondent has a nght to submit a petiuon for reconsideration of\nthis Final Order Should Respondent elect to do so, the petition must be received withm 20 days\nof Respondent's receipt of this Fmal Order and must contain a bnef statement of the rssue(s)\nThe fihng of a petition automatically stays the payment of any civil penalty assessed However if\nRespondent submits payment for the civd penalty, the Final Order becomes the final\nadministrative decision and the nght to petition for reconstderation is waived The terms and\nconditions of this Fmal Order are effective on receipt\nSta Gerard\nAsso ate Administrator\n7 5 for Pipeline Safety\nDate Issued","truncated":false,"body_characters":10230}