{"operation":"document","citation":"CPF 320085011","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":"2008-10-01","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.402(c)(13), 195.406, 195.422(a), 195.422(b), 195.505(e), 195.505(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320085011","body":"Notice of Probable Violation involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(13),  195.406,  195.422(a),  195.422(b),  195.505(e),  195.505(h). The case was opened on 2008-10-01 and is reported as closed as of 2012-06-05. Proposed civil penalty: $2,405,000. Assessed civil penalty: $2,405,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320085011_Closure_06052012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Closure_06052012.pdf\n\n320085011_Closure_06052012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Closure_06052012_text.pdf\n\n320085011_Final Order_08172010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Final%20Order_08172010.pdf\n\n320085011_Final Order_08172010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Final%20Order_08172010_text.pdf\n\n320085011_NOPV PCP PCO_10012008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_NOPV%20PCP%20PCO_10012008.pdf\n\n320085011_nopv pcp pco_10012008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_nopv%20pcp%20pco_10012008_text.pdf\n\n320085011_Operator Response and Request for Hearing_11262008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Operator%20Response%20and%20Request%20for%20Hearing_11262008.pdf\n\n320085011_nopv pcp pco_10012008_text.pdf\n\nU S Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n90t Locust Stisst, Suas 462\nKansas City, MO 641 06-264t\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nttlld\nPROPOSED COMPLIANCE ORDER\nVIA CERTIFIED MAIL AND BY FACSIMILE TO: 713 653-6711\nOctober 1, 2008\nMr Terry McGill\nPresident\nEnbndge Energy Partners, L P\n1100 Lomsiana\nHouston, Texas 77002\nCPF 3-2008-5011\nDear Mr McGtll\nBegtnrung on November 28, 2007, representatives of the Pipehne and Hazardous Materials\nSafety Admmtstratton (PHMSA) and the Minnesota Office of Pipelme Safety (MnOPS)\npursuant to Chapter 601 of 49 Umted States Code, investigated an accident that occurred on\nyour 34-mch crude otl pipeline designated as Lme 3 on November 28, 2007 downstream of\nyour terminal near Clearbrook, Mnmesota The accident mvolved two fatahnes and over $2\nmilhon m property damage\nAs a result of the mveshgation, it appears that you have committed probable violations of the\nPtpehne Safety Regulations, Title 49, Code of Federal Regulanons The probable violanons\nare\n\n\n\n1. II195. 402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nEnbridge did not follow its wntten procedures for Weld+Ends couphngs in connection with\nthe two Weld+Ends couplings used by its field personnel for a pipe replacement at MP 912 on\nNovember 28, 2007 Enbridge Procedure 06-03-13, entitled Plidco Weld+Ends Couplings,\nrequnes that all clamp screws be tightened evenly around the pipe and to the torque\nspecifications listed in the procedure Pnor to installation of the couplnigs m the field,\npersonnel at the Enbtidge Bemud)i PLM shop had already cut or burned off approximately one\nhalf of the clamp screws The procedure does not permit the cutting orbumuig off of the\nclamp screws before the fillet welds to install the couphng onto the pipeline are completed\nIn addition, the procedure contamed a highlighted note to \"Double-check all clamp screws to\nensure each has received the specified torque \" For the 34-mch diameter pipeline involved in\nthe accident, the appropriate torque value specified m Figure 8 of the procedure is\napproximately 88 fi-Ibs Enbridge personnel did not ensure that the proper torque was apphed\nto the clamp and thrust screws during the mstallation of the couplings or double-check the\ntorque apphed to the clamp screws as reqiured by the procedure\n2. II195. 402 Procedural manual for operations, maintenance, and emergencies.\n(a) General Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nEnbridge did not follow its written procedures for ensunug its pipehne was suificiently\nanchored when mstalluig two Weld+Ends couplings at an mtended operahng pressure of\napproximately 406 psig\n\n\n\nThe procedure states that the \"Pipe is anchored if it is protected from movement m all\ndirections so it will be unailected by, for example, abrupt pressure changes, temperature\nchanges, or soil movement (e g, buried pipe) \" Enbridge personnel stnpped out the pipehne\ndownsn earn of the installation to allow for a better ahgnment of the pipehne for mstalling the\nreplacement segment utihzing butt welds This exposed a bend m the pipeline of\napproxunately 1-1/2 degrees The Enbridge personnel involved in the pro) ect did not\nunderstand the adverse effect on the pipehne's anchoring that this exposed bend created and,\ngiven the pressure levels mvolved, did not anchor the pipehne to protect from movement m all\ndirections as requued by the procedure The maximum safe workmg pressure for mstallation\non an unanchored pipelme was only 74 psig (assummg all of the clamp screws were intact)\nWhen returning the pipeline to service to begm flow and complete the Weld+Ends mstallation,\nthe Enbridge control center was in the process of mcreasing the pressure at the site of the\ninstallation to a maximum of 406 psig The Weld+Ends couplmg failed at a pressure of\napproximately 282 psig\n(1195. 402 Procedural manual for operations, maintenance, and emergencies.\n(a) General Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\ncommence, aud appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(13) Periodically reviewing the work done by operator personnel to determine\nthe effectiveness of the procedures used in normal operation and maintenance\nand taking corrective action where deficiencies are found.\nEnbridge did not adequately review the work performed by its personnel to deterrmne the\neffectiveness of its procedures for the installation of Weld+Ends fittings Enbridge Procedure\n06-03-13 was not followed during the installation of the fittings mvolved in tins accident and\ninterviews conducted with Enbridge personnel across its pipeline system mdicated that these\nprocedures had not been followed consistently for a number of years\nSeveral Enbridge personnel indicated that the removal of some of the clamp screws in advance\nof the installation of the Weld+Ends fitnngs was a pracnce that had been followed for years at\nlocations across the system, not)ust in the area covered by the Bemid]i PLM shop There was\n\n\n\nno evidence to mdicate that Enbndge supervisors ensured that their crews checked torque\nvalues dunng pro)ects that included the installation of a Weld+Ends fittin The supervisor\ninvolved in tins accident indicated that clamp screws had been removed on Phdco couphngs\non the pro)ects he had been involved in since he started with Enbndge in 1984\n4. $195. 406 Maximum operating pressure.\n(a) Except for surge pressures and other variations from normal operations, no\noperator may operate a pipeline at a pressure that exceeds any of the following:\n(2) The design pressure of any other component of the pipeline.\n(b) No operator may permit the pressure in a pipeline during surges or other\nvariations from normal operations to exceed 110 percent of the operating\npressure limit established under paragraph (a) of this section. Each operator\nmust provide adequate controls and protective equipnient to control the pressure\nwithin this limit.\nOn November 28, 2007, dunng the mstallation of Weld+Ends couplmgs at the MP 912\naccident site, Enbndge operated the pipehne in excess of the design pressure of the\nWeld+Ends couplings as determmed by the manufacturer and outhned in its recommended\ninstallation mstructtons PLIDCO installation instructions contain a \"Safety Check List\" that\nnotes the installer needs to determine the type of 3oint that the couphng is expected to connect\nand then deternune the appropnate ratings from those hsted on the label on the coupling\nThree types of)oints are hated, Pipe Not Anchored, Anchored Pipe, and After Weldmg The\nPlidco instructions define Pipe Not Anchored as \"AJomt in wluch the pipe ends could move\nwhen sub3ected to internal or external forces, such as internal pressure\n\" The instructions\nalso contain additional speaficanons for thmner wall pipe, such as the Enbridge pipelme, and\nnotes that the installer should contact Phdco for a revised maxunum working pressure and\nclamp screw torque values when working on a thinner wall pipehne The installation\nmstructtons also contained several warnings and a note that \"Pipelines should be carefully\nblocked at elbows and bends to prevent pullouts caused by mternal and external forces, or a\nPhdco Clamp+Ring should be used \" An exposed 1-1/2 degree bend was located ]ust\ndownstream of the couplmgs\nEnbndge Procedure 06-03-13 reflected tins information and contained a figure that determined\nthe effective maximum wortung pressure of the Weld+Ends coupling on unanchored pipe of\napproxnnately 74 psig The removal of the clamp screws pnor to installation of the coupling\nfurther reduced its maximum safe working pressure until the welding was completed The\npipehne was started to allow the couplmg to be welded up at the ends and the Weld+Ends\ncouplmgs were operated at a maximum pressure of 282 psig until the accident occurred This\npressure not only exceeded the maximum operanng pressure determined by the design\npressure, but also exceeded 110% of the couplmg's rated maximum pressure, as lnnited by\n$195 406(b)\n\n\n\nEnbndge Procedure 06-03-13 also specified, \"Refill the pipehne, allowmg pressure to nse\nslowly and without surges to 50% of the recommended working pressure for the pipehne or\nthe fitting, whichever is lower, and check for leaks \" Calculatmg 50% of the recommended\nworkmg pressure for the fitting would hmit the pressure to 37 psig\n5. t)195. 422 Pipeline Repairs.\n(a) Each operator shall, m repairing its pipeline systems, insure that the repairs\nare made in a safe manner and are made so as to prevent damage to persons or\nproperty.\nEnbndge failed to perform the repau of its pipehne in a safe manner so as to prevent damage\nto persons or property Enbndge personnel were in the process of instalhng two Weld+Ends\ncouphngs to complete the replacement of a section of pipe in the 34\" Line 3 pipeline near MP\n912 on November 28, 2007 when the accident mvolving the failure of the Weld+Ends\ncouphngs occurred Enbndge fiuled to remove multiple igmtion sources near the uncompleted\nWeld+Ends couphngs installation, one of winch (most likely a heater left runnmg beside the\nexcavation) tynted the escaping product when the Weld+Ends couplmg installation fiuled\nupon initiation of flow in the pipehne\n6. ()195. 422 Pipeline Repairs.\n(b) No operator may use any pipe, valve, or fitting, for replacement in repairing\npipeline faciTities, unless it is designed and constructed as required by this part.\n11195. 118 Fittings.\n(c) The fitting must be suitable for the intended service and be at least as strong\nas the pipe and other fittings in the pipeline system to which it is attached.\nEnbndge used two fittmgs m repatnng its pipehne facflihes that were not designed and\nconstructed as reqmred by Part 195 Dunng a pipehne replaceinent prolect at MP 912 on\nNovember 28, 2007, Phdco Weld+Ends couphngs were used to Join a replacement section of\npipe mto the existmg 34\" diameter, Line 3 pipehne The couplmgs were not siutable for the\nmtended service, nor as strong as the pipe and other fitnngs in the system because they had\nbeen improperly modified at an earher time m the Bemid]i PLM shop pnor to their being\ntransported to the site of installation. The modification significantly reduced the pull-out\nresistance of the couplmgs making them weaker than the existing pipehne Despite then. being\nunsuitable for the intended service, Enbndge field personnel mstalled these fittmgs\n\n\n\n7. $195. 505 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(e) Evaluate an individual if the operator has reason to believe that the individual\nis no longer qualified to perform a covered task;\nEnbrtdge did not follow the procedures it had developed for evaluatmg covered task changes\nto determine whether employees need to be re-quahfied to perform a covered task\nPrior to October 2007, Enbndge's OQ Plan considered Pipelme Repair (Task 40) by a vanety\nof methods as a single task for field performance verificauon purposes Tins task mcluded the\nfollowing activities \"oversleeve, tight fitting sleeve, stopple, stopple tie-m, weld plus\ncouphngs, phdco split repair and clocksprings \" Personnel qualtficatton records indicate that\nemployees on site at the time of the accident had only been performance evaluated on\ninstallahon of tight fittmg repair sleeves, but were considered by Enbndge to be quahfied for\nall covered tasks under the Pipehne Repair category None of these employees had been\nquahfied in the Pipelme Repair task by instalhng a Weld+Ends couplmg\nIn October 2007, Enbndge determmed that theu quahfication process should be spht into\nseparate tasks for the vanous activities that had previously been included wittun the Pipelme\nRepau' task, as recommended by AP I Tins revision was subsequently completed on\nNovember 8, 2007 A sigmficant number of other tasks were also revised at tlus tune\nEnbridge's DOT Operation Quahfication Plan (OQ Plan), m Section 9 0 — Change\nManagement requires that \"Changes, wluch affect covered tasks, wdl be assessed by the plan\nadmuustrator to determine if re-qualificahon is necessary If re-qualification is required, all\naffected individuals will be notified and re-quahfied by then supervisors/evaluators \" Proper\ninstallation of a Weld+Ends couphng, which requires quahfication involving a certam set of\nknowledge, skills, and abdines specifically with regards to the importance of properly\ninstallmg the clamp screws, ensunng proper anchonng and support, and selectmg appropnate\nworking pressures is a task that should have been separately evaluated from general repairs\nsuch as the mstallation of a clockspnng or nght fithng repau. sleeve (which do not involve\nthese skills) all along As a separately evaluated task, Enbndge should have determined that\nthese employees needed to be re-quahfied for the task and nutiated steps to do so Enbndge\ndid not assess these changes to determme whether re-quahfication was necessary and therefore\nfailed to ensure that the affected mdividuals were re-quahfied as required\n8. $195. 505 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions toi\n\n\n\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline\nfacilities;\nEnbndge ihd not provide appropnate trammg related to installation of Weld+Ends couphngs\nto employees who perform this covered task As a result, the employees who performed\ninstallation of the Weld+Ends couphngs mvolved in the November 28, 2007 accident near MP\n912 ihd not have the necessary knowledge and skills to perform the covered task in a manner\nthat ensures the safe operatwn of the pipeline facdities The PHMSA and MnOPS\ninvestigation of the accident revealed that Enbrtdge personnel on site were not famihar with\nclamp bolt and thrust bolt torque requirements, piping restraint and support requirements, and\noperating pressure requirements pertaimng to the installation of the Weld+Ends couphngs\nEnbrtdge provided PBT and OQ records for all personnel on site at the time of the accident\nOnly four Enbndge employees had any documented triuning on Weld+Ends couphngs None\nof tins triumng had been provided since December 16, 2004 as required by the rule None of\nthe other personnel on-site had received any documented triuning on the installation of\nWeld+Ends couphngs This was typical of all Enbndge Operanng Regions, although some\nRegions have not used Weld+Ends couplings\nPnor to the accident, other Enbndge supervisory personnel had contacted Phdco and were in\nthe process of arranging for some addtnonal triuiung on the installation of the Weld+Ends\ncouplmgs, but tins trmung did not occur pnor to the accident\nPro osed Civil Penal\nUnder 49 United States Code, «I 60122, you are sub3ect to a civd 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 senes of violations The Comphance Officer has reviewed the mrcumstances\nand supporting documentation involved m the above probable violation(s) and has\nrecommended that you be prelimmanly assessed a civil penalty of $2, 405, 000 as follows\nItem number PENALTY\n$100, 000\n$100, 000\n$1, 000, 000 $36, 000\n$100, 000 $39, 000 $30, 000\n$1, 000, 000\n\n\n\nPro osed Com hance Order\nWith respect to item(s) I — 4, 7, and 8, pursuant to 49 United States Code II 60118, the\nPipehne and Hazardous Materials Safety Adnumstration proposes to issue a Compliance\nOrder to Enbrtdge Please refer to the Proposed Compliance Order, wluch is enclosed and\nmade a part of tins Notice\nRes onse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipehne\nOperators in Compliance Proceedmgs Please refer to this document and note the response\noptions Be advised that all matenal you submit in response to tlus enforcement action is\nsub)ect to being made pubhcly available If you believe that any portion of your responsive\nmaterial quahfies for confidenual treatment under 5 U S C 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbeheve quahfy for confidenttal treatment redacted and an explananon of why you believe the\nredacted mformanon quahfies for confidentia treatment under 5 U S C 552(b) If you do not\nrespond wit)un 30 days of receipt of ttus Nonce, tins constitutes a wiuver of your right to\ncontest the allegations in this Notice and authonzes the Assomate Adnumstrator for Pipehne\nSafety to find facts as alleged in tlus Notice without further notice to you and to issue a Final\nOrder\nIn your correspondence on this matter, please refer to CPF 3-2008-5011 and for each\ndocument you subnut, please provide a copy in electromc format whenever possible\nSincerely,\nIvan A Huntoon\nDuector, Central Region\nPipehne and Hazardous Materials Safety AdtmmstratMn\nEnclosures Proposed Compliance Order\nResponse Options for Pipehne Operators in Comphance Proceedings\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 Umted States Code f 60118, the Pipelme and Hazardous Materials Safety\nAdmtnistranon (PHMSA) proposes to issue to Enbndge Energy Parlners, L P (Enbndge) a\nComphance Order incorporating the following remedial requirements to ensure the\ncomphance of Enbndge with the pipehne safety regulations\nIn regard to Item 1 of the Notice pertmiung to Enbrtdge's failure to follow its\nwntten procedures for Phdco Weld+Ends couphngs, Enbridge shall review\nthese procedures, revise and/or supplement them if necessary, and\ncommunicate the proper procedures for these couphngs to all affected\npersonnel to ensure that unauthonzed component modification such as cutting\noff clamp bolts do not occur\nIn regard to Item 2 of the Notice pertaining to Enbndge's failure to follow its\nwntten procedures for ensunng sufficient anchonng of pipe undergoing repairs\nat the pressures mvolved, Enbndge shall review these procedures, revise and/or\nsupplement them if necessary, and commuiucate the procedures for proper\nanchonng to all affected personnel to ensure that pipe is sufficiently anchored\nwhen performing repmrs such as couphng installanons in pressunzed lmes\nIn regard to Item 3 of the Notice pertatmng to Enbndge's fmlure to adequately\nreview the work performed by its personnel to determme the effectivenes of\nits procedures, Enbndge shall develop and/or supplement existing procedures\nto ensure that appropnate reviews of the work performed by its personnel are\nconducted Enbndge shall then implement these procedures and review all of\nits repmr procedures and observe and consult with its field personnel to identify\nany meffective or inconsistently nnplemented repair procedures and shall feed\nthis information back into its penodic updates to its procedural manual and\ntraimng programs\nIn regard to Item 4 of the Notice pertammg to Enbndge operating at a pressure\nexceeding 110'/0 of the design pressure of a component (the couphng),\nEnbrtdge shall commumcate to all affected personnel the proper technique for\npressunzing a line in connechon with completmg repairs such as coupling\ninstallation mcluding calculating the appropnate pressure for vanous anchonng\nconditions\nIn regard to Item 7 of the Notice pertaimng to Enbridge's failure to follow its\nwntten Operator Qualificatton program that reqmred Enbrtdge to determme\nwhether its employees needed to be re-quahfied on Weld+Ends couphng\ninstallation procedures once the Pipehne Repair task had been separated mto\nseparate individual tasks, Enbndge shall re-qualify its employees to ensure they\nare fully quahfied to mstall Phdco Weld+Ends couphngs in accordance with\nthe Enbndge procedures as modified above\nIn regard to Item 8 of the Nohce pertaining to Enbtidge's fafiure to provide\ntnumng to its employees on the proper installation of the Phdco Weld+Ends\ncouplmgs, Enbndge shall provide tnunmg to its employees to ensure they have\nthe necessary knowledge and skfils to safely install Phdco Weld+Ends\ncouplmgs\n\n\n\n7 Enbndge shall perform the above reqmred acttvtnes pnor to utilizing any\nadditional Weld+Ends couphngs on its pipehne system Enbndge shall submit\na schedule for completmg these activities within 45 days of receipt of a Final\nOrder in this matter to Ivan A Huntoon, Duector, Central Region, Pipehne and\nHazardous Matenals Safety Admmtstratton Enbrtdge shall also subnnt\n~ All revised and supplemental procedures,\n~ Evidence to document any reviews of the work performed by its personnel,\n~ Evidence to document the quahficatton of its employees,\n~ Specific tnuinng matenals to be unhzed, and\n~ Documentanon of the trammg provided to its employees\n8 Enbndge shall maintain documentation of the safety improvement costs\nassociated with fulfilhng this Comphance Order and submit the total to Ivan A\nHuntoon, Duector, Central Region, Pipelme and Hazardous Matenals Safety\nAdmimstration Costs shall be reported in two categones 1) total cost\nassociated with preparanon/revision of plans, procedures, studies and analyses,\nand 2) total cost associated with replacements, additions and other changes to\npipehne tn&asnucture\n\n\n\nResponse Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 C=F R Part 190, Subpart B ($f 190 201 — 190 237) govern response to\nNotices issued by a Regional Director, Pipehne and Hazardous Matenals Safety Admuustration\n(PHMSA)\nBe advised that all matenal subriutted by a respondent m response to an enforcement action is\nsub)ect to being made pubhcly available If you beheve that any portion of your responsive\nmatenal qualifies for confidentia treatment under 5 U S C 552(b), along with the complete\nonginal document you must provide a second copy of the document with the portions you\nbeheve quahfy for confidentia treatment redacted and an explanation of why you beheve the\nredacted information quahfies for confidential treatment under 5 U S C 552(b)\nI Procedures for Res oudiu to a NOTICE OF PROBABLE VIOLATION:\nWitlun 30 days of receipt of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the followmg way\na When the Nonce contains a ro osed CIVIL PENALTY*—\n1 If you are not contesting any violations alleged m the Notice, pay the\nproposed civil penalty and advise the Regional Director of the payment\nTlus authonzes PHMSA to make finding and to close the case with\npre)udice to the respondent Payment terms are outhned below,\n2 If you are not contestmg any violations alleged m the Notice but wish to\nsubmit wntten explanations, information, or other matenals you believe\nwarrant mitigation of the civil penalty, you may submit such matenals\nTtus authonzes PHMSA to make findings and to issue a Final Order\nassessing a penalty amount up to the amount proposed in the Notice,\n3 If you are contesting one or more of the items in the Notice but are not\nrequesting an oral heanng, submit a wntten response to the allegations\nand/or seek elunination or mitigation of the proposed civil penalty Refer\nto 49 C F R ) 190 225 for assessinent considerations, which include the\nrespondent's abihty to pay and the effect on the respondent's ability to\nstay m business, upon wluch civd penalties are based, or\n4 Request a heanng as descnbed below to contest the allegations and/or\nproposed assessment of a civd penalty\nb When the Notice contams a ro sed COMPLIANCE ORDER*—\n1 If you are not contesting the comphance order, notify the Regional\nDirector that you mtend to take the steps in the proposed comphance\nol'der,\n1 of 5\n\n\n\n2 If you are not contestmg the comphance order but wish to subimt written\nexplanations, information, or other matenals you beheve warrant\nmodificatio of the proposed comphance order in whole or in part, or you\nseek clarificanon of the terms of the proposed comphance order, you may\nsubmit such matenals This authonzes PHMSA to make findings and\nissue a compliance order,\n3 If you are contesting the proposed comphance order but are not requesting\nan oral hearing, submit wntten explanations, information, or other\nmaterials in answer to the allegations in the Notice and stating your\nreasons for objecting to the proposed comphance order items in whole or\nin part, or\n4 Request a heanng as described below to contest the allegations and/or\nproposed comphance order items\nc When the Notice contains a WARNING ITEM—\nNo wntten response is requmxl The respondent is warned that if it does not\ntake appropriate action to correct these items, enforcement action will be\ntaken if a subsequent mspection reveals a violation\n* Failure of the respondent to respond to the Notice wtttun 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authonzes\nthe Associate Admuustrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Fmal Order\nII Procedures for Res ondin to a NOTICE OF AMENDMENT*-\nWithin 30 days of receipt of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the followmg way\na If you are not contestmg the Notice, notify the Regional Duector of your plans\nto address the inadequacies identified m the Notice,\nb If you are not contestmg the Notice but wish to submit written explanations,\ninformation, or other materials you believe warrant modification of the Notice\nof Amendment in whole or in part, or you seek clarificatio of the terms of the\nNonce of Amendment, you may submit such matenals This authorizes\nPHMSA to make findings and issue an Order Directing Amendment,\nc If you are contesting the Notice of Amendment but are not requestmg an oral\nhearing, submit wntten explananons, information, or other materials in answer\nto the allegations in the Notice and statmg your reasons for ob3ecttng to the\nNotice of Amendment items in whole or in part, or\n2 of 5\n\n\n\nd Request a heanng as descnbed below to contest the allegations in the Notice\n* Fadure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waver of the nght to contest the allegations m the Notice and authonzes\nthe Associate Administrator for Pipehne Safety to find facts as alleged m the Notice\nwithout further notice to the respondent and to issue a Final Order\nIII Procedure for Re uestin a Hearin\nA request for a heanng must be in wnting and accompanied by a statement of the issues\nthat the respondent intends to raise at the heanng The issues may relate to the\nallegations, new mformation, or to the proposed comphance order or proposed civil\npenalty amount Refer to 49 C F R. $ 190 225 for assessment considerations upon which\ncivil penalties are based A respondent's fiulure to specify an issue may result in waiver\nof the nght to rmse that issue at the heanng The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the heanng Failure to\nrequest a heanng m wnting wtthm 30 days of receipt of a Notice wiuves the nght to a\nheanng In addition, if the amount of the proposed civil penalty or the proposed\ncorrective action is less than $10, 000, the heanng will be held by telephone, unless the\nrespondent subnuts a wntten request for an in-person heanng Complete heanng\nprocedures can be found at 49 C F R $ 190 211\nIV Extensions of Time\nAn extension of time to prepare an appropnate response to a Notice may be granted, at\nthe agency's discretion, following subnuttal of a wntten request to the Regional Director\nThe request must mdhcate the amount of tune needed and the reasons for the extension\nThe request must be submitted wtttun 30 days of receipt of the Nonce\nV Freedom of Information Act\nAny matenal provided to PHMSA by the respondent, and matenals prepared by PHMSA\nmcluding the Notice and any order issued in this case, may be considered pubhc\nmformation and sublect to disclosure under the Freedom of Information Act (FOIA) If\nyou beheve the information you are providing is secunty sensitive, pnvdeged,\nconfidential or may cause your company competitive disadvantages, please clearly\nidennfy the matenal and provide iustificatto why the documents, or portions of a\ndocument, should not be released under FOIA If we receive a request for your matenal,\nwe will notify you if PHMSA, after reviewing the matenals and your provided\nIusttficatton, deternunes that withholding the matenals does not meet any exemptMn\nprovided under the FOIA You may appeal the agency's decision to release matenal\nunder the FOIA at that time Your appeal will stay the release of those materials until a\nfinal demsion is made\nVI Small Business Re lato Euforcemeut Fairness Act Information\nThe Small Business and Agncultural Regulatory Enforcement Ombudsman and 10\nRegional Fmmess Boards were established to receive comments from small businesses\nabout federal agency enforcement actions The Ombudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small business If you\n3of5\n\n\n\nwish to comment on the enforcement acnons of the Pipehne and Hazardous Matenals\nSafety Adnumstration, call I-888-REG-FAIR (1-888-734-3247) or go to\nhttp //www sba gov/ombudsman/dsp faq html\nVII Pa ment Instructions\nCivilPenaltyPayments of Less Than $10, 000\nPayment of a civil penalty of less than $10, 000 proposed or assessed, under Subpart B of\nPart 190 of the Pipeline Safety Regulations can be made by cernfied check, money order\nor wire transfer Payment by certified check or money order (contauung the CPF Number\nfor tlus case) should be made payable to the \"Department of Transportation\" and should\nbe sent to\nFederal Aviation Adnunistration\nMike Monroney Aeronautical Center\nFmancial Operations Division (AMZ-341) P 0 Box 25082\nOklahoma City, OK 73125-4915\nWire transfer payments of less than $10, 000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U S Treasury Detailed\ninstrucnons are provided below Quesnons concermng wire transfer should be directed to\nthe Fmanctal Operations Division at (405) 954-8893, or at the above address\nCivil Penalty Payments of $10, 000 or more\nPayment of a civil penalty of $10, 000 or more proposed or assessed under Subpart B of\nPart 190 of the Pipelme Safety Regulations must be made wire nansfer (49 C F. R $\n89 21 (b)(3)), through the Federal Reserve Commumcanons System (Fedwtre) to the\naccount of the U S Treasury Detailed msnuctions are provided below Questions\nconceriung wire transfers should be directed to the Fmancial Operations Division 'at (405)\n954-8893, or at the above address\n4 of 5\n\n\n\nINSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS\nI RECEIVERABANO\n021030004\n(2) TYPE/SUB-TYPE\n(Provided by sendmg bank)\n(3) SENDING BANK ABA N\n(Provided by sending bank)\n(4) SENDING BANK REF NO\n(Provided by sending bank)\n(5) AMOUNT (6) SENDING BANK NAME\n(Provided by sending bank)\n(7) RECEIVER NAME\nTREAS NYC\n(8) PRODUCT CODE\n(Normally CTR, or as provided by sending bank)\n(9) BENEFICIAL BNF =AGENCY\nLOCATION CODE\nBNF = /ALC-69-14-0001\n(10) REASONS FOR PAYMENT\nExample PHMSA - CPF ¹ / Ticket Number/Pipeline\nAssessment number\nINSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (I), (5), (7), (9), and (10) The tnformanon provided in Blocks (I), (7),\nand (9) are constant and remam the same for all wire transfers to the Pipehne and Hazardous\nMatenals Safety Administration, Department of Transportation\nBlock ¹1 - RECEIVER ABA NO - \"021030004\" Ensure the sending bank enters tlus 9-digit\nidentification number, it represents the routing symbol for the U S Treasury at the Federal\nReserve Bank in New York\nBlock ¹5 - AMOUNT - You as the sender provide the amount of the transfer Please be sure the\ntransfer amount is punctuated with commas and a decimal point EXAMPLE: 10 000. 00\nBlock ¹7 - RECEIVER NAME - \"TREAS NYC\", Ensure the sending bank enters this\nabbreviation It must be used for all wire transfers to the Treasury Department\nBlock ¹9 - BENEFICIAL - AGENCY LOCATION CODE - \"BNF=/ALC-69-14-0001\" Ensure\nthe sending bank enters this information Tins is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Adnumstration, Department of Transportation\nBlock ¹10 - REASON FOR PAYMENT - \"AC-payment for PHMSA Case ¹ / To ensure your\nwire transfer is credited properly, enter the case number/ticket number or Pipehne Assessment number,\nand country \"\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the wire transfer You as the sender can assist this process by notifying the Financial\nOperations Division (405) 954-8893 at the nme you send the wire transfer\nMay 2008\nSof5\n\n320085011_Closure_06052012_text.pdf\n\nVIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED\nJune 5, 2012\nMr. Richard Adams\nVice President, US Operations\nEnbridge Energy Partners, L.P.\n1100 Louisiana, Suite 3300\nHouston, Texas 77002\nCPF 3-2008-5011\nDear Mr. Adams:\nOn August 17, 2010, the Pipeline and Hazardous Safety Administration (PHMSA) issued a\nFinal Order to Enbridge Energy Partners, L.P. (Enbridge) in the above-referenced matter that\nresulted from an accident that occurred on your 34-inch crude oil pipeline designated as Line 3\non November 28, 2007 downstream of your terminal near Clearbrook, Minnesota. The Final\nOrder included nine specific items that Enbridge was required to complete to ensure its\ncontinued compliance with the pipeline safety regulations promulgated in Part 195. Based\nupon our review of the documentation that Enbridge has provided, it has been determined that\nthe actions required by the Order have been completed.\nAccordingly, this case is now closed. Thank you for your cooperation in this matter.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\ncc: Chris A. Paul, McAfee & Taft, 1717 S. Boulder, Suite 900, Tulsa, OK 74117\nShaun Kavajecz – Enbridge (via email)\n\n320085011_Final Order_08172010_text.pdf\n\nAUG 17 2010\nMr. Terry McGill\nPresident\nEnbridge Energy Partners, L.P.\n1100 Louisiana Street, Suite 3300\nHouston, TX 77002\nRe: CPF No. 3-2008-5011\nDear Mr. McGill:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $2,405,000, and specifies actions that must be taken by\nEnbridge to comply with the pipeline safety regulations. The actions required are in addition to\nand do not waive any requirements that apply to Enbridge’s pipeline system under 49 C.F.R. Part\n195, under any other order issued to Enbridge under authority of 49 U.S.C. § 60101 et seq., or\nunder any other provision of Federal or State law.\nThe penalty payment terms are set forth in the Final Order. When the civil penalty has been paid\nand the terms of the compliance order completed, as determined by the Director, Central Region,\nthis enforcement action will be closed. Service of the Final Order by certified mail is deemed\neffective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. David Barrett, Director, Central Region, PHMSA\nMr. Glenn M. Jones, Counsel for Enbridge Energy Partners, L.P.\nFulbright & Jaworski LLP, 801 Pennsylvania Ave NW, Washington, DC 20004-2623\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 2810]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nEnbridge Energy Partners, L.P., ) CPF No. 3-2008-5011\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn November 28, 2007, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and the\nMinnesota Office of Pipeline Safety initiated an investigation of an accident that occurred on a\ncrude oil pipeline owned and operated by Enbridge Energy Partners, L.P. (Enbridge or\nRespondent), near Clearbrook, Minnesota. Respondent is a subsidiary of Enbridge Inc., a\nCanadian company, which owns and operates more than 8,500 miles of hazardous liquid and\nnatural gas pipelines.1\nThe pipeline where the accident occurred is part of Enbridge’s 3,500-mile Lakehead System in\nthe Midwestern United States. The accident happened when Enbridge attempted to complete a\nrepair of a longitudinal seam leak by installing a ne","truncated":true,"body_characters":111871}