# ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Probable Violation

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

Official case documents:

320085011_Closure_06052012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Closure_06052012.pdf

320085011_Closure_06052012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Closure_06052012_text.pdf

320085011_Final Order_08172010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Final%20Order_08172010.pdf

320085011_Final Order_08172010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_Final%20Order_08172010_text.pdf

320085011_NOPV PCP PCO_10012008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_NOPV%20PCP%20PCO_10012008.pdf

320085011_nopv pcp pco_10012008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085011/320085011_nopv%20pcp%20pco_10012008_text.pdf

320085011_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

320085011_nopv pcp pco_10012008_text.pdf

U S Department
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
90t Locust Stisst, Suas 462
Kansas City, MO 641 06-264t
NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
ttlld
PROPOSED COMPLIANCE ORDER
VIA CERTIFIED MAIL AND BY FACSIMILE TO: 713 653-6711
October 1, 2008
Mr Terry McGill
President
Enbndge Energy Partners, L P
1100 Lomsiana
Houston, Texas 77002
CPF 3-2008-5011
Dear Mr McGtll
Begtnrung on November 28, 2007, representatives of the Pipehne and Hazardous Materials
Safety Admmtstratton (PHMSA) and the Minnesota Office of Pipelme Safety (MnOPS)
pursuant to Chapter 601 of 49 Umted States Code, investigated an accident that occurred on
your 34-mch crude otl pipeline designated as Lme 3 on November 28, 2007 downstream of
your terminal near Clearbrook, Mnmesota The accident mvolved two fatahnes and over $2
milhon m property damage
As a result of the mveshgation, it appears that you have committed probable violations of the
Ptpehne Safety Regulations, Title 49, Code of Federal Regulanons The probable violanons
are



1. II195. 402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline system a
manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. This manual shall
be reviewed at intervals not exceeding 15 months, but at least once each calendar
year, and appropriate changes made as necessary to insure that the manual is
effective. This manual shall be prepared before initial operations of a pipeline
commence, and appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.
Enbridge did not follow its wntten procedures for Weld+Ends couphngs in connection with
the two Weld+Ends couplings used by its field personnel for a pipe replacement at MP 912 on
November 28, 2007 Enbridge Procedure 06-03-13, entitled Plidco Weld+Ends Couplings,
requnes that all clamp screws be tightened evenly around the pipe and to the torque
specifications listed in the procedure Pnor to installation of the couplnigs m the field,
personnel at the Enbtidge Bemud)i PLM shop had already cut or burned off approximately one
half of the clamp screws The procedure does not permit the cutting orbumuig off of the
clamp screws before the fillet welds to install the couphng onto the pipeline are completed
In addition, the procedure contamed a highlighted note to "Double-check all clamp screws to
ensure each has received the specified torque " For the 34-mch diameter pipeline involved in
the accident, the appropriate torque value specified m Figure 8 of the procedure is
approximately 88 fi-Ibs Enbridge personnel did not ensure that the proper torque was apphed
to the clamp and thrust screws during the mstallation of the couplings or double-check the
torque apphed to the clamp screws as reqiured by the procedure
2. II195. 402 Procedural manual for operations, maintenance, and emergencies.
(a) General Each operator shall prepare and follow for each pipeline system a
manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. This manual shall
be reviewed at intervals not exceeding 15 months, but at least once each calendar
year, and appropriate changes made as necessary to insure that the manual is
effective. This manual shall be prepared before initial operations of a pipeline
commence, and appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.
Enbridge did not follow its written procedures for ensunug its pipehne was suificiently
anchored when mstalluig two Weld+Ends couplings at an mtended operahng pressure of
approximately 406 psig



The procedure states that the "Pipe is anchored if it is protected from movement m all
directions so it will be unailected by, for example, abrupt pressure changes, temperature
changes, or soil movement (e g, buried pipe) " Enbridge personnel stnpped out the pipehne
downsn earn of the installation to allow for a better ahgnment of the pipehne for mstalling the
replacement segment utihzing butt welds This exposed a bend m the pipeline of
approxunately 1-1/2 degrees The Enbridge personnel involved in the pro) ect did not
understand the adverse effect on the pipehne's anchoring that this exposed bend created and,
given the pressure levels mvolved, did not anchor the pipehne to protect from movement m all
directions as requued by the procedure The maximum safe workmg pressure for mstallation
on an unanchored pipelme was only 74 psig (assummg all of the clamp screws were intact)
When returning the pipeline to service to begm flow and complete the Weld+Ends mstallation,
the Enbridge control center was in the process of mcreasing the pressure at the site of the
installation to a maximum of 406 psig The Weld+Ends couplmg failed at a pressure of
approximately 282 psig
(1195. 402 Procedural manual for operations, maintenance, and emergencies.
(a) General Each operator shall prepare and follow for each pipeline system a
manual of written procedures for conducting normal operations and maintenance
activities and handling abnormal operations and emergencies. This manual shall
be reviewed at intervals not exceeding 15 months, but at least once each calendar
year, and appropriate changes made as necessary to insure that the manual is
effective. This manual shall be prepared before initial operations of a pipeline
commence, aud appropriate parts shall be kept at locations where operations and
maintenance activities are conducted.
(c) Maintenance and normal operations. The manual required by paragraph (a)
of this section must include procedures for the following to provide safety during
maintenance and normal operations:
(13) Periodically reviewing the work done by operator personnel to determine
the effectiveness of the procedures used in normal operation and maintenance
and taking corrective action where deficiencies are found.
Enbridge did not adequately review the work performed by its personnel to deterrmne the
effectiveness of its procedures for the installation of Weld+Ends fittings Enbridge Procedure
06-03-13 was not followed during the installation of the fittings mvolved in tins accident and
interviews conducted with Enbridge personnel across its pipeline system mdicated that these
procedures had not been followed consistently for a number of years
Several Enbridge personnel indicated that the removal of some of the clamp screws in advance
of the installation of the Weld+Ends fitnngs was a pracnce that had been followed for years at
locations across the system, not)ust in the area covered by the Bemid]i PLM shop There was



no evidence to mdicate that Enbndge supervisors ensured that their crews checked torque
values dunng pro)ects that included the installation of a Weld+Ends fittin The supervisor
involved in tins accident indicated that clamp screws had been removed on Phdco couphngs
on the pro)ects he had been involved in since he started with Enbndge in 1984
4. $195. 406 Maximum operating pressure.
(a) Except for surge pressures and other variations from normal operations, no
operator may operate a pipeline at a pressure that exceeds any of the following:
(2) The design pressure of any other component of the pipeline.
(b) No operator may permit the pressure in a pipeline during surges or other
variations from normal operations to exceed 110 percent of the operating
pressure limit established under paragraph (a) of this section. Each operator
must provide adequate controls and protective equipnient to control the pressure
within this limit.
On November 28, 2007, dunng the mstallation of Weld+Ends couplmgs at the MP 912
accident site, Enbndge operated the pipehne in excess of the design pressure of the
Weld+Ends couplings as determmed by the manufacturer and outhned in its recommended
installation mstructtons PLIDCO installation instructions contain a "Safety Check List" that
notes the installer needs to determine the type of 3oint that the couphng is expected to connect
and then deternune the appropnate ratings from those hsted on the label on the coupling
Three types of)oints are hated, Pipe Not Anchored, Anchored Pipe, and After Weldmg The
Plidco instructions define Pipe Not Anchored as "AJomt in wluch the pipe ends could move
when sub3ected to internal or external forces, such as internal pressure
" The instructions
also contain additional speaficanons for thmner wall pipe, such as the Enbridge pipelme, and
notes that the installer should contact Phdco for a revised maxunum working pressure and
clamp screw torque values when working on a thinner wall pipehne The installation
mstructtons also contained several warnings and a note that "Pipelines should be carefully
blocked at elbows and bends to prevent pullouts caused by mternal and external forces, or a
Phdco Clamp+Ring should be used " An exposed 1-1/2 degree bend was located ]ust
downstream of the couplmgs
Enbndge Procedure 06-03-13 reflected tins information and contained a figure that determined
the effective maximum wortung pressure of the Weld+Ends coupling on unanchored pipe of
approxnnately 74 psig The removal of the clamp screws pnor to installation of the coupling
further reduced its maximum safe working pressure until the welding was completed The
pipehne was started to allow the couplmg to be welded up at the ends and the Weld+Ends
couplmgs were operated at a maximum pressure of 282 psig until the accident occurred This
pressure not only exceeded the maximum operanng pressure determined by the design
pressure, but also exceeded 110% of the couplmg's rated maximum pressure, as lnnited by
$195 406(b)



Enbndge Procedure 06-03-13 also specified, "Refill the pipehne, allowmg pressure to nse
slowly and without surges to 50% of the recommended working pressure for the pipehne or
the fitting, whichever is lower, and check for leaks " Calculatmg 50% of the recommended
workmg pressure for the fitting would hmit the pressure to 37 psig
5. t)195. 422 Pipeline Repairs.
(a) Each operator shall, m repairing its pipeline systems, insure that the repairs
are made in a safe manner and are made so as to prevent damage to persons or
property.
Enbndge failed to perform the repau of its pipehne in a safe manner so as to prevent damage
to persons or property Enbndge personnel were in the process of instalhng two Weld+Ends
couphngs to complete the replacement of a section of pipe in the 34" Line 3 pipeline near MP
912 on November 28, 2007 when the accident mvolving the failure of the Weld+Ends
couphngs occurred Enbndge fiuled to remove multiple igmtion sources near the uncompleted
Weld+Ends couphngs installation, one of winch (most likely a heater left runnmg beside the
excavation) tynted the escaping product when the Weld+Ends couplmg installation fiuled
upon initiation of flow in the pipehne
6. ()195. 422 Pipeline Repairs.
(b) No operator may use any pipe, valve, or fitting, for replacement in repairing
pipeline faciTities, unless it is designed and constructed as required by this part.
11195. 118 Fittings.
(c) The fitting must be suitable for the intended service and be at least as strong
as the pipe and other fittings in the pipeline system to which it is attached.
Enbndge used two fittmgs m repatnng its pipehne facflihes that were not designed and
constructed as reqmred by Part 195 Dunng a pipehne replaceinent prolect at MP 912 on
November 28, 2007, Phdco Weld+Ends couphngs were used to Join a replacement section of
pipe mto the existmg 34" diameter, Line 3 pipehne The couplmgs were not siutable for the
mtended service, nor as strong as the pipe and other fitnngs in the system because they had
been improperly modified at an earher time m the Bemid]i PLM shop pnor to their being
transported to the site of installation. The modification significantly reduced the pull-out
resistance of the couplmgs making them weaker than the existing pipehne Despite then. being
unsuitable for the intended service, Enbndge field personnel mstalled these fittmgs



7. $195. 505 Qualification program.
Each operator shall have and follow a written qualification program. The
program shall include provisions to:
(e) Evaluate an individual if the operator has reason to believe that the individual
is no longer qualified to perform a covered task;
Enbrtdge did not follow the procedures it had developed for evaluatmg covered task changes
to determine whether employees need to be re-quahfied to perform a covered task
Prior to October 2007, Enbndge's OQ Plan considered Pipelme Repair (Task 40) by a vanety
of methods as a single task for field performance verificauon purposes Tins task mcluded the
following activities "oversleeve, tight fitting sleeve, stopple, stopple tie-m, weld plus
couphngs, phdco split repair and clocksprings " Personnel qualtficatton records indicate that
employees on site at the time of the accident had only been performance evaluated on
installahon of tight fittmg repair sleeves, but were considered by Enbndge to be quahfied for
all covered tasks under the Pipehne Repair category None of these employees had been
quahfied in the Pipelme Repair task by instalhng a Weld+Ends couplmg
In October 2007, Enbndge determmed that theu quahfication process should be spht into
separate tasks for the vanous activities that had previously been included wittun the Pipelme
Repau' task, as recommended by AP I Tins revision was subsequently completed on
November 8, 2007 A sigmficant number of other tasks were also revised at tlus tune
Enbridge's DOT Operation Quahfication Plan (OQ Plan), m Section 9 0 — Change
Management requires that "Changes, wluch affect covered tasks, wdl be assessed by the plan
admuustrator to determine if re-qualificahon is necessary If re-qualification is required, all
affected individuals will be notified and re-quahfied by then supervisors/evaluators " Proper
installation of a Weld+Ends couphng, which requires quahfication involving a certam set of
knowledge, skills, and abdines specifically with regards to the importance of properly
installmg the clamp screws, ensunng proper anchonng and support, and selectmg appropnate
working pressures is a task that should have been separately evaluated from general repairs
such as the mstallation of a clockspnng or nght fithng repau. sleeve (which do not involve
these skills) all along As a separately evaluated task, Enbndge should have determined that
these employees needed to be re-quahfied for the task and nutiated steps to do so Enbndge
did not assess these changes to determme whether re-quahfication was necessary and therefore
failed to ensure that the affected mdividuals were re-quahfied as required
8. $195. 505 Qualification program.
Each operator shall have and follow a written qualification program. The
program shall include provisions toi



(h) After December 16, 2004, provide training, as appropriate, to ensure that
individuals performing covered tasks have the necessary knowledge and skills to
perform the tasks in a manner that ensures the safe operation of pipeline
facilities;
Enbndge ihd not provide appropnate trammg related to installation of Weld+Ends couphngs
to employees who perform this covered task As a result, the employees who performed
installation of the Weld+Ends couphngs mvolved in the November 28, 2007 accident near MP
912 ihd not have the necessary knowledge and skills to perform the covered task in a manner
that ensures the safe operatwn of the pipeline facdities The PHMSA and MnOPS
investigation of the accident revealed that Enbrtdge personnel on site were not famihar with
clamp bolt and thrust bolt torque requirements, piping restraint and support requirements, and
operating pressure requirements pertaimng to the installation of the Weld+Ends couphngs
Enbrtdge provided PBT and OQ records for all personnel on site at the time of the accident
Only four Enbndge employees had any documented triuning on Weld+Ends couphngs None
of tins triumng had been provided since December 16, 2004 as required by the rule None of
the other personnel on-site had received any documented triuning on the installation of
Weld+Ends couphngs This was typical of all Enbndge Operanng Regions, although some
Regions have not used Weld+Ends couplings
Pnor to the accident, other Enbndge supervisory personnel had contacted Phdco and were in
the process of arranging for some addtnonal triuiung on the installation of the Weld+Ends
couplmgs, but tins trmung did not occur pnor to the accident
Pro osed Civil Penal
Under 49 United States Code, «I 60122, you are sub3ect to a civd penalty not to exceed
$100, 000 for each violation for each day the violation persists up to a maximum of $1, 000, 000
for any related senes of violations The Comphance Officer has reviewed the mrcumstances
and supporting documentation involved m the above probable violation(s) and has
recommended that you be prelimmanly assessed a civil penalty of $2, 405, 000 as follows
Item number PENALTY
$100, 000
$100, 000
$1, 000, 000 $36, 000
$100, 000 $39, 000 $30, 000
$1, 000, 000



Pro osed Com hance Order
With respect to item(s) I — 4, 7, and 8, pursuant to 49 United States Code II 60118, the
Pipehne and Hazardous Materials Safety Adnumstration proposes to issue a Compliance
Order to Enbrtdge Please refer to the Proposed Compliance Order, wluch is enclosed and
made a part of tins Notice
Res onse to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipehne
Operators in Compliance Proceedmgs Please refer to this document and note the response
options Be advised that all matenal you submit in response to tlus enforcement action is
sub)ect to being made pubhcly available If you believe that any portion of your responsive
material quahfies for confidenual treatment under 5 U S C 552(b), along with the complete
original document you must provide a second copy of the document with the portions you
beheve quahfy for confidenttal treatment redacted and an explananon of why you believe the
redacted mformanon quahfies for confidentia treatment under 5 U S C 552(b) If you do not
respond wit)un 30 days of receipt of ttus Nonce, tins constitutes a wiuver of your right to
contest the allegations in this Notice and authonzes the Assomate Adnumstrator for Pipehne
Safety to find facts as alleged in tlus Notice without further notice to you and to issue a Final
Order
In your correspondence on this matter, please refer to CPF 3-2008-5011 and for each
document you subnut, please provide a copy in electromc format whenever possible
Sincerely,
Ivan A Huntoon
Duector, Central Region
Pipehne and Hazardous Materials Safety AdtmmstratMn
Enclosures Proposed Compliance Order
Response Options for Pipehne Operators in Comphance Proceedings



PROPOSED COMPLIANCE ORDER
Pursuant to 49 Umted States Code f 60118, the Pipelme and Hazardous Materials Safety
Admtnistranon (PHMSA) proposes to issue to Enbndge Energy Parlners, L P (Enbndge) a
Comphance Order incorporating the following remedial requirements to ensure the
comphance of Enbndge with the pipehne safety regulations
In regard to Item 1 of the Notice pertmiung to Enbrtdge's failure to follow its
wntten procedures for Phdco Weld+Ends couphngs, Enbridge shall review
these procedures, revise and/or supplement them if necessary, and
communicate the proper procedures for these couphngs to all affected
personnel to ensure that unauthonzed component modification such as cutting
off clamp bolts do not occur
In regard to Item 2 of the Notice pertaining to Enbndge's failure to follow its
wntten procedures for ensunng sufficient anchonng of pipe undergoing repairs
at the pressures mvolved, Enbndge shall review these procedures, revise and/or
supplement them if necessary, and commuiucate the procedures for proper
anchonng to all affected personnel to ensure that pipe is sufficiently anchored
when performing repmrs such as couphng installanons in pressunzed lmes
In regard to Item 3 of the Notice pertatmng to Enbndge's fmlure to adequately
review the work performed by its personnel to determme the effectivenes of
its procedures, Enbndge shall develop and/or supplement existing procedures
to ensure that appropnate reviews of the work performed by its personnel are
conducted Enbndge shall then implement these procedures and review all of
its repmr procedures and observe and consult with its field personnel to identify
any meffective or inconsistently nnplemented repair procedures and shall feed
this information back into its penodic updates to its procedural manual and
traimng programs
In regard to Item 4 of the Notice pertammg to Enbndge operating at a pressure
exceeding 110'/0 of the design pressure of a component (the couphng),
Enbrtdge shall commumcate to all affected personnel the proper technique for
pressunzing a line in connechon with completmg repairs such as coupling
installation mcluding calculating the appropnate pressure for vanous anchonng
conditions
In regard to Item 7 of the Notice pertaimng to Enbridge's failure to follow its
wntten Operator Qualificatton program that reqmred Enbrtdge to determme
whether its employees needed to be re-quahfied on Weld+Ends couphng
installation procedures once the Pipehne Repair task had been separated mto
separate individual tasks, Enbndge shall re-qualify its employees to ensure they
are fully quahfied to mstall Phdco Weld+Ends couphngs in accordance with
the Enbndge procedures as modified above
In regard to Item 8 of the Nohce pertaining to Enbtidge's fafiure to provide
tnumng to its employees on the proper installation of the Phdco Weld+Ends
couplmgs, Enbndge shall provide tnunmg to its employees to ensure they have
the necessary knowledge and skfils to safely install Phdco Weld+Ends
couplmgs



7 Enbndge shall perform the above reqmred acttvtnes pnor to utilizing any
additional Weld+Ends couphngs on its pipehne system Enbndge shall submit
a schedule for completmg these activities within 45 days of receipt of a Final
Order in this matter to Ivan A Huntoon, Duector, Central Region, Pipehne and
Hazardous Matenals Safety Admmtstratton Enbrtdge shall also subnnt
~ All revised and supplemental procedures,
~ Evidence to document any reviews of the work performed by its personnel,
~ Evidence to document the quahficatton of its employees,
~ Specific tnuinng matenals to be unhzed, and
~ Documentanon of the trammg provided to its employees
8 Enbndge shall maintain documentation of the safety improvement costs
associated with fulfilhng this Comphance Order and submit the total to Ivan A
Huntoon, Duector, Central Region, Pipelme and Hazardous Matenals Safety
Admimstration Costs shall be reported in two categones 1) total cost
associated with preparanon/revision of plans, procedures, studies and analyses,
and 2) total cost associated with replacements, additions and other changes to
pipehne tn&asnucture



Response Options for Pipeline Operators in Compliance Proceedings
The requirements of 49 C=F R Part 190, Subpart B ($f 190 201 — 190 237) govern response to
Notices issued by a Regional Director, Pipehne and Hazardous Matenals Safety Admuustration
(PHMSA)
Be advised that all matenal subriutted by a respondent m response to an enforcement action is
sub)ect to being made pubhcly available If you beheve that any portion of your responsive
matenal qualifies for confidentia treatment under 5 U S C 552(b), along with the complete
onginal document you must provide a second copy of the document with the portions you
beheve quahfy for confidentia treatment redacted and an explanation of why you beheve the
redacted information quahfies for confidential treatment under 5 U S C 552(b)
I Procedures for Res oudiu to a NOTICE OF PROBABLE VIOLATION:
Witlun 30 days of receipt of a Notice of Probable Violation, the respondent shall respond
to the Regional Director who issued the Notice in the followmg way
a When the Nonce contains a ro osed CIVIL PENALTY*—
1 If you are not contesting any violations alleged m the Notice, pay the
proposed civil penalty and advise the Regional Director of the payment
Tlus authonzes PHMSA to make finding and to close the case with
pre)udice to the respondent Payment terms are outhned below,
2 If you are not contestmg any violations alleged m the Notice but wish to
submit wntten explanations, information, or other matenals you believe
warrant mitigation of the civil penalty, you may submit such matenals
Ttus authonzes PHMSA to make findings and to issue a Final Order
assessing a penalty amount up to the amount proposed in the Notice,
3 If you are contesting one or more of the items in the Notice but are not
requesting an oral heanng, submit a wntten response to the allegations
and/or seek elunination or mitigation of the proposed civil penalty Refer
to 49 C F R ) 190 225 for assessinent considerations, which include the
respondent's abihty to pay and the effect on the respondent's ability to
stay m business, upon wluch civd penalties are based, or
4 Request a heanng as descnbed below to contest the allegations and/or
proposed assessment of a civd penalty
b When the Notice contams a ro sed COMPLIANCE ORDER*—
1 If you are not contesting the comphance order, notify the Regional
Director that you mtend to take the steps in the proposed comphance
ol'der,
1 of 5



2 If you are not contestmg the comphance order but wish to subimt written
explanations, information, or other matenals you beheve warrant
modificatio of the proposed comphance order in whole or in part, or you
seek clarificanon of the terms of the proposed comphance order, you may
submit such matenals This authonzes PHMSA to make findings and
issue a compliance order,
3 If you are contesting the proposed comphance order but are not requesting
an oral hearing, submit wntten explanations, information, or other
materials in answer to the allegations in the Notice and stating your
reasons for objecting to the proposed comphance order items in whole or
in part, or
4 Request a heanng as described below to contest the allegations and/or
proposed comphance order items
c When the Notice contains a WARNING ITEM—
No wntten response is requmxl The respondent is warned that if it does not
take appropriate action to correct these items, enforcement action will be
taken if a subsequent mspection reveals a violation
* Failure of the respondent to respond to the Notice wtttun 30 days of receipt
constitutes a waiver of the right to contest the allegations in the Notice and authonzes
the Associate Admuustrator for Pipeline Safety to find facts as alleged in the Notice
without further notice to the respondent and to issue a Fmal Order
II Procedures for Res ondin to a NOTICE OF AMENDMENT*-
Within 30 days of receipt of a Notice of Amendment, the respondent shall respond to the
Regional Director who issued the Notice in the followmg way
a If you are not contestmg the Notice, notify the Regional Duector of your plans
to address the inadequacies identified m the Notice,
b If you are not contestmg the Notice but wish to submit written explanations,
information, or other materials you believe warrant modification of the Notice
of Amendment in whole or in part, or you seek clarificatio of the terms of the
Nonce of Amendment, you may submit such matenals This authorizes
PHMSA to make findings and issue an Order Directing Amendment,
c If you are contesting the Notice of Amendment but are not requestmg an oral
hearing, submit wntten explananons, information, or other materials in answer
to the allegations in the Notice and statmg your reasons for ob3ecttng to the
Notice of Amendment items in whole or in part, or
2 of 5



d Request a heanng as descnbed below to contest the allegations in the Notice
* Fadure of the respondent to respond to the Notice within 30 days of receipt
constitutes a waver of the nght to contest the allegations m the Notice and authonzes
the Associate Administrator for Pipehne Safety to find facts as alleged m the Notice
without further notice to the respondent and to issue a Final Order
III Procedure for Re uestin a Hearin
A request for a heanng must be in wnting and accompanied by a statement of the issues
that the respondent intends to raise at the heanng The issues may relate to the
allegations, new mformation, or to the proposed comphance order or proposed civil
penalty amount Refer to 49 C F R. $ 190 225 for assessment considerations upon which
civil penalties are based A respondent's fiulure to specify an issue may result in waiver
of the nght to rmse that issue at the heanng The respondent's request must also indicate
whether or not respondent will be represented by counsel at the heanng Failure to
request a heanng m wnting wtthm 30 days of receipt of a Notice wiuves the nght to a
heanng In addition, if the amount of the proposed civil penalty or the proposed
corrective action is less than $10, 000, the heanng will be held by telephone, unless the
respondent subnuts a wntten request for an in-person heanng Complete heanng
procedures can be found at 49 C F R $ 190 211
IV Extensions of Time
An extension of time to prepare an appropnate response to a Notice may be granted, at
the agency's discretion, following subnuttal of a wntten request to the Regional Director
The request must mdhcate the amount of tune needed and the reasons for the extension
The request must be submitted wtttun 30 days of receipt of the Nonce
V Freedom of Information Act
Any matenal provided to PHMSA by the respondent, and matenals prepared by PHMSA
mcluding the Notice and any order issued in this case, may be considered pubhc
mformation and sublect to disclosure under the Freedom of Information Act (FOIA) If
you beheve the information you are providing is secunty sensitive, pnvdeged,
confidential or may cause your company competitive disadvantages, please clearly
idennfy the matenal and provide iustificatto why the documents, or portions of a
document, should not be released under FOIA If we receive a request for your matenal,
we will notify you if PHMSA, after reviewing the matenals and your provided
Iusttficatton, deternunes that withholding the matenals does not meet any exemptMn
provided under the FOIA You may appeal the agency's decision to release matenal
under the FOIA at that time Your appeal will stay the release of those materials until a
final demsion is made
VI Small Business Re lato Euforcemeut Fairness Act Information
The Small Business and Agncultural Regulatory Enforcement Ombudsman and 10
Regional Fmmess Boards were established to receive comments from small businesses
about federal agency enforcement actions The Ombudsman will annually evaluate the
enforcement activities and rate each agency's responsiveness to small business If you
3of5



wish to comment on the enforcement acnons of the Pipehne and Hazardous Matenals
Safety Adnumstration, call I-888-REG-FAIR (1-888-734-3247) or go to
http //www sba gov/ombudsman/dsp faq html
VII Pa ment Instructions
CivilPenaltyPayments of Less Than $10, 000
Payment of a civil penalty of less than $10, 000 proposed or assessed, under Subpart B of
Part 190 of the Pipeline Safety Regulations can be made by cernfied check, money order
or wire transfer Payment by certified check or money order (contauung the CPF Number
for tlus case) should be made payable to the "Department of Transportation" and should
be sent to
Federal Aviation Adnunistration
Mike Monroney Aeronautical Center
Fmancial Operations Division (AMZ-341) P 0 Box 25082
Oklahoma City, OK 73125-4915
Wire transfer payments of less than $10, 000 may be made through the Federal Reserve
Communications System (Fedwire) to the account of the U S Treasury Detailed
instrucnons are provided below Quesnons concermng wire transfer should be directed to
the Fmanctal Operations Division at (405) 954-8893, or at the above address
Civil Penalty Payments of $10, 000 or more
Payment of a civil penalty of $10, 000 or more proposed or assessed under Subpart B of
Part 190 of the Pipelme Safety Regulations must be made wire nansfer (49 C F. R $
89 21 (b)(3)), through the Federal Reserve Commumcanons System (Fedwtre) to the
account of the U S Treasury Detailed msnuctions are provided below Questions
conceriung wire transfers should be directed to the Fmancial Operations Division 'at (405)
954-8893, or at the above address
4 of 5



INSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS
I RECEIVERABANO
021030004
(2) TYPE/SUB-TYPE
(Provided by sendmg bank)
(3) SENDING BANK ABA N
(Provided by sending bank)
(4) SENDING BANK REF NO
(Provided by sending bank)
(5) AMOUNT (6) SENDING BANK NAME
(Provided by sending bank)
(7) RECEIVER NAME
TREAS NYC
(8) PRODUCT CODE
(Normally CTR, or as provided by sending bank)
(9) BENEFICIAL BNF =AGENCY
LOCATION CODE
BNF = /ALC-69-14-0001
(10) REASONS FOR PAYMENT
Example PHMSA - CPF ¹ / Ticket Number/Pipeline
Assessment number
INSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the
information for blocks (I), (5), (7), (9), and (10) The tnformanon provided in Blocks (I), (7),
and (9) are constant and remam the same for all wire transfers to the Pipehne and Hazardous
Matenals Safety Administration, Department of Transportation
Block ¹1 - RECEIVER ABA NO - "021030004" Ensure the sending bank enters tlus 9-digit
identification number, it represents the routing symbol for the U S Treasury at the Federal
Reserve Bank in New York
Block ¹5 - AMOUNT - You as the sender provide the amount of the transfer Please be sure the
transfer amount is punctuated with commas and a decimal point EXAMPLE: 10 000. 00
Block ¹7 - RECEIVER NAME - "TREAS NYC", Ensure the sending bank enters this
abbreviation It must be used for all wire transfers to the Treasury Department
Block ¹9 - BENEFICIAL - AGENCY LOCATION CODE - "BNF=/ALC-69-14-0001" Ensure
the sending bank enters this information Tins is the Agency Location Code for the Pipeline and
Hazardous Materials Safety Adnumstration, Department of Transportation
Block ¹10 - REASON FOR PAYMENT - "AC-payment for PHMSA Case ¹ / To ensure your
wire transfer is credited properly, enter the case number/ticket number or Pipehne Assessment number,
and country "
NOTE: A wire transfer must comply with the format and instructions or the Department cannot
accept the wire transfer You as the sender can assist this process by notifying the Financial
Operations Division (405) 954-8893 at the nme you send the wire transfer
May 2008
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320085011_Closure_06052012_text.pdf

VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED
June 5, 2012
Mr. Richard Adams
Vice President, US Operations
Enbridge Energy Partners, L.P.
1100 Louisiana, Suite 3300
Houston, Texas 77002
CPF 3-2008-5011
Dear Mr. Adams:
On August 17, 2010, the Pipeline and Hazardous Safety Administration (PHMSA) issued a
Final Order to Enbridge Energy Partners, L.P. (Enbridge) in the above-referenced matter that
resulted from an accident that occurred on your 34-inch crude oil pipeline designated as Line 3
on November 28, 2007 downstream of your terminal near Clearbrook, Minnesota. The Final
Order included nine specific items that Enbridge was required to complete to ensure its
continued compliance with the pipeline safety regulations promulgated in Part 195. Based
upon our review of the documentation that Enbridge has provided, it has been determined that
the actions required by the Order have been completed.
Accordingly, this case is now closed. Thank you for your cooperation in this matter.
Sincerely,
David Barrett
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
cc: Chris A. Paul, McAfee & Taft, 1717 S. Boulder, Suite 900, Tulsa, OK 74117
Shaun Kavajecz – Enbridge (via email)

320085011_Final Order_08172010_text.pdf

AUG 17 2010
Mr. Terry McGill
President
Enbridge Energy Partners, L.P.
1100 Louisiana Street, Suite 3300
Houston, TX 77002
Re: CPF No. 3-2008-5011
Dear Mr. McGill:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, assesses a civil penalty of $2,405,000, and specifies actions that must be taken by
Enbridge to comply with the pipeline safety regulations. The actions required are in addition to
and do not waive any requirements that apply to Enbridge’s pipeline system under 49 C.F.R. Part
195, under any other order issued to Enbridge under authority of 49 U.S.C. § 60101 et seq., or
under any other provision of Federal or State law.
The penalty payment terms are set forth in the Final Order. When the civil penalty has been paid
and the terms of the compliance order completed, as determined by the Director, Central Region,
this enforcement action will be closed. Service of the Final Order by certified mail is deemed
effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. David Barrett, Director, Central Region, PHMSA
Mr. Glenn M. Jones, Counsel for Enbridge Energy Partners, L.P.
Fulbright & Jaworski LLP, 801 Pennsylvania Ave NW, Washington, DC 20004-2623
CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 2810]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Enbridge Energy Partners, L.P., ) CPF No. 3-2008-5011
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On November 28, 2007, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and the
Minnesota Office of Pipeline Safety initiated an investigation of an accident that occurred on a
crude oil pipeline owned and operated by Enbridge Energy Partners, L.P. (Enbridge or
Respondent), near Clearbrook, Minnesota. Respondent is a subsidiary of Enbridge Inc., a
Canadian company, which owns and operates more than 8,500 miles of hazardous liquid and
natural gas pipelines.1
The pipeline where the accident occurred is part of Enbridge’s 3,500-mile Lakehead System in
the Midwestern United States. The accident happened when Enbridge attempted to complete a
repair of a longitudinal seam leak by installing a ne
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