# ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 320095006
- **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:** 2009-06-29
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.202.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095006.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095006.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095006
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320095006
**body:**

Notice of Probable Violation involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulation as 195.202. The case was opened on 2009-06-29 and is reported as closed as of 2011-11-01. Proposed civil penalty: $100,000. Assessed civil penalty: $100,000. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320095006_Final Order_10132011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095006/320095006_Final%20Order_10132011.pdf

320095006_Final Order_10132011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095006/320095006_Final%20Order_10132011_text.pdf

320095006_NOPV PCP_06292009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095006/320095006_NOPV%20PCP_06292009.pdf

320095006_NOPV PCP_06292009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095006/320095006_NOPV%20PCP_06292009_text.pdf

320095006_Final Order_10132011_text.pdf

OCT 13 2011
Mr. Terry McGill
President
Enbridge Energy Partners, L.P.
1100 Louisiana Street, Suite 3300
Houston, TX 77002
Re: CPF No. 3-2009-5006
Dear Mr. McGill:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $100,000. The penalty payment terms are set forth in the
Final Order. This enforcement action closes automatically upon receipt of payment. Service of
the Final Order by certified mail is complete upon mailing as 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. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety
Mr. Shaun Kavajecz
Compliance Manager
Enbridge Pipelines (Lakehead) L.L.C.
119 N 25th Street E
Superior, WI 54880
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0070 4107]



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. 3-2009-5006
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On February 3, 2007, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated
an investigation of an accident involving the release of crude oil from a pipeline operated by
Enbridge Energy Partners, L.P. (Enbridge or Respondent). The accident occurred in Rusk
County, Wisconsin, near the village of Exeland, on Enbridge’s 24-inch crude oil pipeline
designated as Line 14. The accident was reported to the National Response Center on February
2, 2007 (NRC Report No. 825338). Enbridge owns and operates approximately 17,700 miles of
pipeline transporting crude oil and natural gas in the Midwest.
1
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated June 29, 2009, a Notice of Probable Violation and Proposed Civil Penalty
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Enbridge
committed a violation of § 195.202 and proposed a civil penalty of $100,000 for the alleged
violation.
After receiving an extension of time, Enbridge responded to the Notice by letter dated September
8, 2009 (Response). In its Response, Respondent did not contest the allegation of violation but
provided an explanation of its actions and requested that the proposed civil penalty be reduced.
Respondent did not request a hearing.
FINDING OF VIOLATION
Item 1 in the Notice alleged that Respondent violated 49 C.F.R. § 195.202, which states:
1 SEC Form 10-K, Enbridge Energy Partners, L.P., February 2011, at 6.



2
§ 195.202 Compliance with specifications or standards.
Each pipeline system must be constructed in accordance with
comprehensive written specifications or standards that are consistent with
the requirements of this part.
The Notice alleged that Respondent violated § 195.202 by failing to construct a pipeline in
accordance with the company’s written standards. Specifically, the Notice alleged that Enbridge
did not follow its Construction Safety Program (CSP) procedures, which included requirements
for maintaining minimum clearance from existing underground facilities when excavating with
powered equipment. On February 2, 2007, Enbridge struck its existing 24-inch crude oil
pipeline (Line 14) using powered equipment during an excavation associated with the
construction of a new 20-inch pipeline. The impact ruptured Line 14 resulting in the release of
approximately 3,000 barrels of crude oil, a portion of which contaminated local groundwater.
Enbridge’s written procedures, section 10.12.4 of the CSP, stated that “Powered equipment shall
remain at least two feet from an underground facility until it has been daylighted by hand or
water washing.”2 In addition, section 10.12.15 of the CSP required Enbridge to “Maintain
minimum allowable clearances to facility with powered excavation equipment until daylighted.
”3
In its Response, Respondent did not contest the allegation of violation, but provided some
additional explanation of its actions to ensure that construction specifications and procedures
were understood and followed. The company stated that “[s]pecifications, procedures and
change management processes were in place to safeguard existing facilities, however local
actions and decision-making circumvented procedural controls in this instance.”4
Based upon the evidence, I find that Respondent violated § 195.202 by failing to construct a
pipeline in accordance with its written CSP procedures.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any
related series of violations.
In determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I
must consider the following criteria: the nature, circumstances, and gravity of the violation,
including adverse impact on the environment; the degree of Respondent’s culpability; the history
of Respondent’s prior offenses; the Respondent’s ability to pay the penalty and any effect that
2 OPS Pipeline Safety Violation Report (Jun. 29, 2009), Exhibit C, page 70 (Violation Report).
3 Violation Report, Exhibit C, page 75.
4 Response at 4.



3
the penalty may have on its ability to continue doing business; and the good faith of Respondent
in attempting to comply with the pipeline safety regulations. In addition, I may consider the
economic benefit gained from the violation without any reduction because of subsequent
damages, and such other matters as justice may require.
Item 1 in the Notice proposed a civil penalty of $100,000 for Respondent’s violation of 49
C.F.R. § 195.202. Enbridge failed to construct a new pipeline in accordance with its written CSP
procedures.
In its Response, Enbridge explained that it had distributed its construction specifications,
including the CSP, to its contractor at preconstruction meetings and had taken other actions in an
effort to ensure that construction specifications and procedures were understood and followed.
The company also provided information about post-accident changes and initiatives implemented
to reduce the risk of reoccurrence.
Despite its efforts to ensure that construction procedures were followed, the CSP procedures
were not followed on February 2, 2007. This failure created a significant risk to the safety of the
public, property, and the environment. The damage to the pipeline caused by the excavation
resulted in a pipeline release of approximately 3,000 barrels of crude oil, a portion of which
contaminated local groundwater. For these reasons, the nature, circumstances, and gravity of the
violation, including adverse impact to the environment, justify the civil penalty proposed for the
violation.
I have considered the above-referenced assertions by Enbridge regarding its conduct prior to the
accident to ensure compliance with its program procedures and its actions following the accident
to reduce the risk of reoccurrence. I find, however, they do not warrant reducing the proposed
penalty due to the significant gravity of the violation, including adverse impact on the
environment.
Enbridge is culpable for the violation. I have also considered the company’s history of prior
offenses and find the history of prior offenses does not warrant reducing the proposed civil
penalty.
Accordingly, having reviewed the record and considered the assessment criteria, I assess
Respondent a civil penalty of $100,000 for its violation of 49 C.F.R. § 195.202.
Payment of the civil penalty must be made within 20 days of service. Federal regulations
(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMZ-341), Federal Aviation Administration, Mike
Monroney Aeronautical Center, P.O. Box 269039, Oklahoma City, Oklahoma 73125. The
Financial Operations Division telephone number is (405) 954-8893.
Failure to pay the $100,000 civil penalty will result in accrual of interest at the current annual
rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to



4
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
Under 49 C.F.R. § 190.215, Respondent may submit a Petition for Reconsideration of this Final
Order. Address any petition to the Associate Administrator, Office of Pipeline Safety, PHMSA,
1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC 20590. The petition
must be received within 20 days of Respondent’s receipt of this Final Order, contain a statement
of the issue(s), and meet all other requirements of 49 C.F.R. § 190.215. The filing of the petition
automatically stays the payment of any civil penalty assessed. If Respondent submits payment
for the civil penalty, the Final Order becomes the final administrative decision and the right to
petition for reconsideration is waived. The terms and conditions of this Final Order are effective
upon service in accordance with 49 C.F.R. § 190.5.
___________________________________ _____________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
- **truncated:** false
- **body characters:** 11049