{"operation":"document","citation":"CPF 320125001W","title":"TC OIL PIPELINE OPERATIONS INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-01-13","effective_on":null,"summary":"CLOSED warning letter citing 195.410(a), 195.412(a), 195.577.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320125001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320125001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320125001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320125001W","body":"Warning Letter involving TC OIL PIPELINE OPERATIONS INC. PHMSA's enforcement data identifies the cited regulations as 195.410(a),  195.412(a),  195.577. The case was opened on 2012-01-13 and is reported as closed as of 2012-01-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320125001W_Warning Letter_01132012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125001W/320125001W_Warning%20Letter_01132012.pdf\n\n320125001W_Warning Letter_01132012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125001W/320125001W_Warning%20Letter_01132012_text.pdf\n\n320125001W_Warning Letter_01132012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 13, 2012\nMr. Vern Meier\nVice President of Operations\nTC Oil Operations Inc\n717 Texas Ave\nHouston TX 77002\nCPF 3-2012-5001W\nDear Mr. Meier:\nOn May 9-12, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nKeystone Pipeline from MP 0 to MP 310 in North and South Dakota.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §195.410 Line markers.\n§195.410(a) Requires the operator place line markers at all road crossings and in\nsufficient number along the pipeline in sufficient numbers so that its location is\naccurately known.\nThe operator has not placed line markers at all road crossings. Also, prior to operating\nabove 72% SMYS, additional line markers will need to be added to achieve line of sight\nmarkings in accordance with Condition #40 of the Special Permit.\n\n\n\n2. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n§195.412(a) Requires the operator to inspect the surface conditions on or adjacent\nto each pipeline right-of-way.\nThe Operator has not clearly observed the ROW near MP 5. The ROW has 250 feet of\ntrees that were preserved during construction by boring the pipeline under them. The tree\ncanopy prohibits clear observation of the ROW by aerial patrol and no other patrolling\nmethods have been used.\n3. §195.577 What must I do to alleviate interference currents?\n§195.577 Requires the operator to have a program, identify and minimize\ndetrimental effects of stray currents.\nThe operator was not able to demonstrate that field testing for potential AC interference\nwas adequate. The AC readings are below expected values along with several negative\nAC values. Also during PHMSA’s inspection, AC readings were as much as 100 times\ngreater than those recorded during the close interval survey.\nAlso, two high voltage direct current power lines were identified with no information or\ndocumentation of a study to confirm that the power lines could not affect the integrity of\nthe pipeline consistent with Condition #37 of the Special Permit for operation above 72%\nSMYS.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in TC Oil Operations Inc being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2012-5001W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\n2\n\n\n\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":4367}