{"operation":"document","citation":"CPF 320075031W","title":"ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-11-15","effective_on":null,"summary":"CLOSED warning letter citing 195.410(c), 195.49, 195.573(a)(1), 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075031w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075031w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075031w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075031W","body":"Warning Letter involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulations as 195.410(c),  195.49,  195.573(a)(1),  195.583(a). The case was opened on 2007-11-15 and is reported as closed as of 2007-11-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075031W_Warning Letter_11152007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075031W/320075031W_Warning%20Letter_11152007.pdf\n\n320075031W_Warning Letter_11152007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075031W/320075031W_Warning%20Letter_11152007_text.pdf\n\n320075031W_Warning Letter_11152007_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 15, 2007\nMr. Terry McGill\nPresident\nEnbridge Energy, Limited Partners\n1100 Louisiana\nSuite 3300\nHouston, TX 77002\nCPF 3-2007-5031W\nDear Mr. McGill:\nOn August 6-10, 2007 and September 24-28, 2007, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) and the Minnesota Office of Pipeline\nSafety (MN-OPS) pursuant to Chapter 601 of 49 United States Code inspected your records in\nSuperior, WI and your facilities in North Dakota and Minnesota.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n1. §195.49 Annual report\nBeginning no later than June 15, 2005, each operator must annually complete and\nsubmit DOT form RSPA F 7000-1.1 for each type of hazardous liquid pipeline\nfacility operated at the end of the previous year. A separate report is required for\ncrude oil, HVL (including anhydrous ammonia), petroleum products, and carbon\ndioxide pipelines. Operators are encouraged, but not required, to file an annual\nreport by June 15, 2004, for calendar year 2003.\n\n\n\nEnbridge did not accurately report the mileage of their highly volatile liquid (HVL) line\nfor 2005 and 2006.\nReview of the 2005 annual report found that Enbridge was reporting 190 miles as the total\nmileage for their HVL systems. This 190 miles was from Clearbrook to Superior.\nHowever, the 20” line from the Canadian border to Clearbrook predominantly transports\nHVL’s and should have been reported as an HVL line as well.\n2. §195.410 Line markers.\n(c) Each operator shall provide line marking at locations where the line is above\nground in areas that are accessible to the public.\nEnbridge did not have any line markers at the above ground exposure located at the\nNecktie River crossing.\nThe exposure at the Necktie River Crossing was brought to the attention of the MN-OPS\nby the MN Department of Pollution Control during the records review. When the\nexposure was visited during the subsequent field evaluation, it was noted that there were\nno line markers at the exposure, nor were there any within ½ mile of this exposure.\n3. §195.573 What must I do to monitor external corrosion control?\na) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with Sec. 195.571:\n(1) Conduct tests on the protected pipeline at least once each calendar year, but with\nintervals not exceeding 15 months. However, if tests at those intervals are\nimpractical for separately protected short sections of bare or ineffectively coated\npipelines, testing may be done at least once every 3 calendar years, but with\nintervals not exceeding 39 months.\nEnbridge personnel did not take annual cathodic protection readings in 2005 and 2006 at\none test point in North Dakota and two test points in Minnesota.\nThe annual cathodic protection records reviewed found that the test stations at MP\n831.065 in North Dakota and MPs 1035.483 and 1043.064 did not have readings taken in\n2005 and 2006. Your personnel were unable to explain why the readings were not taken.\n4. §195.583 What must I do to monitor atmospheric corrosion control?\n(a) You must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows:\n2\n\n\n\nIf the pipeline is located: Then the frequency of inspection is:\nOnshore At least once every 3 calendar years, but with\nintervals not exceeding 39 months\nOffshore At least once each calendar year, but with\nintervals not exceeding 15 months\nEnbridge personnel have not conducted an atmospheric inspection of the above ground\npipeline facilities located MP 797, MP 829, and the Necktie River.\nWhile reviewing the atmospheric corrosion survey books, it was noted that the exposures\nat MP 797 and 829 did not have an evaluation. As indicated earlier, during the records\ninspection, a picture of an exposure at the Necktie River was sent to the MN-OPS by the\nMN Department of Pollution Control. Further investigation found that this exposure also\ndid not have an evaluation done.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item(s)\nidentified in this letter. Failure to do so will result in Enbridge Energy, Limited Partners being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2007-5031W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":6281}