# ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Corrective Action Order

- **operation:** document
- **citation:** CPF 320125017H
- **title:** ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Corrective Action Order
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2012-07-30
- **effective on:** Not available
- **summary:** CLOSED corrective action order.
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320125017h.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320125017h
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320125017H
**body:**

Corrective Action Order involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. The dataset does not identify a cited regulation for this case. The case was opened on 2012-07-30 and is reported as closed as of 2016-07-20. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320125017H_Amended Corrective Action Order_08012012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Amended%20Corrective%20Action%20Order_08012012.pdf

320125017H_Amended Corrective Action Order_08012012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Amended%20Corrective%20Action%20Order_08012012_text.pdf

320125017H_Closure Letter_07202016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Closure%20Letter_07202016.pdf

320125017H_Closure Letter_07202016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Closure%20Letter_07202016_text.pdf

320125017H_Consent Agreement and Order_08062012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Consent%20Agreement%20and%20Order_08062012.pdf

320125017H_Consent Agreement and Order_08062012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Consent%20Agreement%20and%20Order_08062012_text.pdf

320125017H_Corrective Action Order_07302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Corrective%20Action%20Order_07302012.pdf

320125017H_Corrective Action Order_07302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125017H/320125017H_Corrective%20Action%20Order_07302012_text.pdf

320125017H_Consent Agreement and Order_08062012_text.pdf

AUG 6, 2012
VIA CERTIFIED MAIL AND FAX TO: 832-325-5473
Mr. Richard Adams
Vice President, US Operations
Enbridge Energy, LP
City Center Office
1409 Hammond Avenue
Superior, WI 54880-5247
Re: CPF No. 3-2012-5017H
Consent Agreement and Order
Dear Mr. Adams:
Enclosed is a Consent Agreement and Order that you signed on August 6, 2012 in the
above-referenced case. Your receipt of this Consent Agreement and Order constitutes
service of that document under 49 C.F.R. § 190.5.
Please direct any questions on this matter to David Barrett, Director, Central Region,
Office of Pipeline Safety, PHMSA, at (816) 329-3800.
Sincerely,
Jeffery Wiese
Associate Administrator
For Pipeline Safety
cc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
Mr. David Barrett, Director, Central Region, OPS
Mr. Mark Maki, President, Enbridge Energy Management, LLC
Mr. Steve Wuori, President, Liquids Pipelines, Enbridge Pipelines Inc.



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
____________________________________
In the Matter of )
Enbridge Energy, Limited Partnership, ) CPF No. 3-2012-5017H
)
)
)
Respondent )
____________________________________)
CONSENT AGREEMENT AND ORDER
On July 30, 2012, under authority of 49 U.S.C. § 60112, the Associate Administrator for
Pipeline Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA),
issued a Corrective Action Order (CAO) to Enbridge Energy, Limited Partnership
(Enbridge or Respondent), finding that continued operation of Line 14 of Respondent’s
Lakehead Pipeline System that runs from Superior, Wisconsin, to Mokena, Illinois,
without corrective action would be hazardous to life, property, or the environment and
requiring Respondent to take immediate corrective action to ensure the safe operation of
failure on Line 14 near Grand Marsh, Wisconsin, that was reported by Enbridge on July
the pipeline. PHMSA issued the July 30, 2012 CAO (Original CAO) 1 in response to a
27, 2012 (Failure). The Failure resulted in an estimated release of 1,200 barrels of crude
oil. PHMSA initiated an investigation of the Failure, which investigation is ongoing.
Line 14 is a part of Respondent’s 1,900 mile-long Lakehead Pipeline System, which
transports hazardous liquid from Neche, North Dakota, to Chicago, Illinois, with an
extension to Buffalo, New York.2
The preliminary findings in the Original CAO noted that the history of failures on
Respondent’s Lakehead Pipeline System, the defects originally discovered during
construction of Line 14, a 2007 failure on Line 14, and the July 2010 failure on Line 6B
1 In the Matter of Enbridge Energy Partners, L.P., Corrective Action Order (CPF No. 3-2012-5017H)
dated July 30, 2012.
2 See http://www.enbridgeus.com/Delivering-Energy/Pipeline-Systems/Liquids-Pipelines/ (last accessed
August 1, 2012). The Lakehead System includes Lines 1, 2, 3, 4, 5, 6A, 6B, 10, 14, and 64, and associated
facilities.
2



in Marshall, Michigan, and additional failures throughout all parts of the Lakehead
Pipeline System indicate that Respondent’s safety and integrity management programs
appear to be inadequate.
On August 1, 2012, PHMSA issued an Amendment to the Corrective Action Order. The
Amendment to the Corrective Action Order concluded that given the nature,
circumstances, and gravity of this pattern of accidents, additional system-wide corrective
measures are warranted and added a new Item 13 to the Corrective Action Order as
follows:
13. Before the Director, Central Region, OPS, approves the restart of Line 14,
Enbridge must (1) submit, for review and approval, a comprehensive written plan,
including timelines for specific actions to improve the safety record of
Respondent’s Lakehead Pipeline System and (2) hire an independent third party
pipeline expert to review and assess the written plan, which the third party will
submit to PHMSA and to Respondent concurrently. Further, the third party expert
must oversee the creation, execution and implementation of the actions identified
in the plan, and must provide monitoring summaries to PHMSA and Respondent
concurrently. Respondent must commit to address any deficiencies or risks
identified in the third party’s assessment, including repair and replacement of
high-risk infrastructure.
The plan must be sufficiently detailed with specific tasks, milestones and
completion dates. At a minimum, the plan must address:
a. Organizational issues, including the promotion of a safety culture and
creation of a safety management system;
b. Facilities response plan;
c. Control room management;
d. Priorities for pipe replacement;
e. Training;
f. In-line inspection result interpretation;
g. Current engineering and probability of failure modeling;
h. Leak detection systems;
i. Sensor and flow measuring and valve replacement;
j. Integrity verification;
k. Quality management system; and
l. Any other risk, task, issue or item that is necessary to promote and sustain
the safety of its pipeline system.
On August 4, 2012, Respondent submitted the plan required by Item 13 of the Corrective
Action Order, as amended (the Lakehead Plan or the Plan). The Plan includes specific
tasks, milestones, and completion dates for specific actions to improve the safety of the
Lakehead Pipeline System. The Plan also provides for an independent third-party
3



pipeline expert to review and assess the written Plan and oversee the creation, execution
and implementation of the actions identified in the Plan. Respondent and PHMSA
engaged in good faith settlement discussions resulting in this Consent Agreement and
Order.
Having agreed that settlement of this proceeding will avoid further administrative
proceedings or litigation and that entry of this Consent Agreement and Order is the most
appropriate means of resolving the Corrective Action Order, as amended, pursuant to 49
C.F.R. Part 190, without adjudication of any issue of fact or law, and upon consent and
agreement of Respondent and PHMSA (“the Parties”), the following is agreed upon and
Ordered:
I. General Provisions
1. Respondent acknowledges that as operator of the Lakehead Pipeline System,
Respondent and its pipeline system are subject to the jurisdiction of the Federal pipeline
safety laws, 49 U.S.C. 60101 et seq., and the regulations and administrative orders issued
thereunder. For purposes of this Consent Agreement and Order, Respondent
acknowledges that it received proper notice of PHMSA’s action in this proceeding and
that the Notice states claims upon which relief may be granted pursuant to 49 U.S.C.
60101 et seq. and the regulations and orders issued thereunder.
2. Respondent agrees to the findings in the Corrective Action Order, as amended, and
agrees to complete the actions specified in Section II of this agreement (“Work to be
Performed”). These actions, including any work plans and schedules, shall automatically
be incorporated into this Consent Agreement and Order. This Consent Agreement and
Order does not constitute a finding of violation of any Federal law or regulation and may
not be used in any civil proceeding of any kind as evidence or proof of any fact, fault or
liability, or as evidence of the violation of any law, rule, regulation or requirement, except
in a proceeding to enforce the provisions of this Consent Agreement and Order.
3. Respondent consents to the issuance of this Consent Agreement and Order, and
hereby waives any further procedural requirements with respect to its issuance.
Respondent waives all rights to contest the adequacy of notice, the Corrective Action
Order, as amended, or the validity of the Consent Agreement and Order, including all
rights to administrative or judicial hearings or appeals.
4. This Consent Agreement and Order shall apply to and be binding upon PHMSA,
and upon Respondent, its officers, directors, and employees, and its successors, assigns,
or other entities or persons otherwise bound by law. Respondent agrees to provide a copy
of this Consent Agreement and Order, and any incorporated work plans and schedules, to
all of Respondent’s officers, employees, and agents whose duties might reasonably
include compliance with this Consent Agreement and Order.
4



5. For all transfers of ownership or operating responsibility of Respondent’s Pipeline
System, Respondent shall provide a copy of this Consent Agreement and Order to the
prospective transferee at least 30 business days prior to such transfer and simultaneously
provide written notice of the prospective transfer to the PHMSA Official who signs this
Consent Agreement and Order.
6. This Consent Agreement and Order constitutes the final, complete and exclusive
agreement and understanding between the Parties with respect to the settlement embodied
in this Consent Agreement and Order, and the Parties acknowledge that there are no
representations, agreements or understandings relating to the settlement other than those
expressly contained in this Consent Agreement and Order, except that the terms of this
Consent Agreement and Order may be construed by reference to the Corrective Action
Order, as amended.
7. Nothing in this Consent Agreement and Order affects or relieves Respondent of its
responsibility to comply with all applicable requirements of the Federal pipeline safety
laws, 49 U.S.C. § 60101 et seq., and the regulations and orders issued thereunder.
Nothing in this Consent Agreement and Order alters PHMSA’s right of access, entry,
inspection, and information gathering or PHMSA’s authority to bring enforcement
actions against Respondent pursuant to the Federal pipeline safety laws, the regulations
and orders issued thereunder, or any other provision of Federal or State law.
8. This Consent Agreement and Order does not waive or modify any Federal, State,
or local laws or regulations that are applicable to Respondent’s pipeline systems. This
Consent Agreement and Order is not a permit, or a modification of any permit, under any
Federal, State, or local laws or regulations. Respondent remains responsible for
achieving and maintaining compliance with all applicable Federal, State, and local laws,
regulations and permits.
9. This Consent Agreement and Order does not create rights in, or grant any cause of
action to, any third party not party to this Consent Agreement and Order. The U.S.
Department of Transportation is not liable for any injuries or damages to persons or
property arising from acts or omissions of Respondent or its officers, employees, or
agents carrying out the work required by this Consent Agreement and Order. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees,
agents, and representatives form any and all causes of action arising from any acts or
omissions of Respondent or its contractors in carrying out the work required by this
Consent Agreement and Order.
II. Work to be Performed
10. Respondent agrees to perform all actions set forth in the Corrective Action Order,
as amended, including all actions set forth in the restart plan, testing and root cause
analysis requirements, the integrity verification and remedial work plan, and any other
5



work plans or schedules developed under the CAO, as amended or otherwise directed by
the Director, Central Region, PHMSA (Regional Director).
11. Respondent agrees to perform all actions set forth in the addendum to this
Consent Agreement and Order entitled the Lakehead Plan in Appendix A, which is
hereby incorporated into this Consent Agreement and Order as are any additional or
modified plans and schedules developed under the Lakehead Plan. The Plan shall be
revised as necessary to incorporate new information obtained during the evaluations and
remedial activities performed under the Plan. Respondent must submit any such Plan
revisions to the Regional Director for acceptance. The Regional Director may accept
Plan elements incrementally. The Regional Director may direct Respondent to revise or
modify the Plan as necessary.
12. Respondent agrees that it will address all deficiencies or risks identified in the
third party expert’s assessment, including repair and replacement of high-risk
infrastructure implement pursuant to the Scope of Work in Appendix B which is hereby
incorporated into this Consent Agreement and Order.
13. Respondent agrees to submit monthly reports to the Regional Director that: (1)
include all available data and results of the work performed under this Consent
Agreement and Order. The first monthly report for the period from August 1 through
August 31, 2012 will be due by September 7, 2012.
14. Respondent agrees to maintain documentation of the costs associated with
implementation of this Consent Agreement and Order. Include in each monthly report
submitted, the to-date total costs associated with: (1) testing, evaluations and information
analysis; (2) revisions of procedures and additional monitoring and inspections; and (3)
physical changes to pipeline infrastructure, including repairs, replacements and other
modifications.
15. The Regional Director may grant an extension of time for completion of any of
the work to be performed hereunder upon a timely, written request that demonstrates
both good cause for an extension and sufficient detail to evaluate Respondent’s good
cause request.
III. Review and Approval Process
16. With respect to any submission under Section II of this Consent Agreement and
Order that requires the acceptance of the Regional Director, the Regional Director may:
(a) accept, in whole or in part, the submission, (b) accept the submission on specified
conditions, (c) not accept, in whole or in part, the submission, or (d) any combination of
the foregoing. In the event of acceptance in whole, in part, or upon conditions,
Respondent will proceed to take all actions required by the submission as accepted by the
Regional Director, subject to Respondent’s right to invoke the dispute resolution
6



procedures in Section IV with respect to any conditions identified by the Regional
Director. In the event that the Director does not accept all or any portion of the
submission, the Regional Director will provide Respondent with a written notice of the
deficiencies. Respondent will correct all deficiencies within the time specified by the
Regional Director and resubmit it for acceptance.
IV. Dispute Resolution
17. The Regional Director and Respondent will informally attempt to resolve any
disputes arising under this Consent Agreement and Order. If Respondent and the
Regional Director are unable to informally resolve the dispute within 15 business days,
Respondent, providing all information that Respondent believes is relevant to the dispute,
may request in writing, within 10 business days, a written determination resolving the
dispute from the Associate Administrator for Pipeline Safety. If the request is submitted
as provided herein, the Associate Administrator will issue a written determination that
shall be final. The existence of a dispute and PHMSA’s consideration of matters placed
in dispute shall not excuse, toll, or suspend any term or timeframe for completion of any
work to be performed under this Agreement during the pendency of the dispute resolution
process, except as agreed by the Regional Director or the Associate Administrator in
writing.
V. Enforcement of Agreement and Order
18. This Consent Agreement and Order, including all plans and schedules
incorporated by reference, is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101 et seq. and 49 C.F.R. Part 190, including administrative civil
penalties under 49 U.S.C § 60122 of up to $200,000 per violation for each day the
violation continues and referral of the case to the Attorney General for judicial
enforcement, if PHMSA determines that Respondent is not proceeding in accordance
with terms of the Consent Agreement and Order, in accordance with determinations made
by the Regional Director, or if appealed, in accordance with decisions of the Associate
Administrator. The Lakehead Plan and all other work plans and associated schedules
developed under Section II shall be automatically incorporated into this Consent
Agreement and Order and are enforceable in the same manner.
VI. Record Keeping and Information Disclosure
19. Respondent agrees to maintain records demonstrating compliance with all
requirements of this Consent Agreement and Order for a period of at least five years
following completion of all work to be performed. For any reports, plans, or other
deliverables required to be submitted to PHMSA pursuant to this Consent Agreement and
Order, Respondent may assert a claim of business confidentiality or other protections
applicable to the release of information by PHMSA, covering part or all of the
information required to be submitted to PHMSA pursuant to this agreement in accordance
7



with 49 C.F.R. Part 7. The claim of confidentiality shall be marked in writing on each
page, and shall include a statement specifying the grounds for each claim of
confidentiality. PHMSA shall determine release of any information submitted pursuant
to this Consent Agreement and Order in accordance with 49 C.F.R. Part 7, the Freedom
of Information Act, 5 U.S.C. § 552, DOT and/or PHMSA policies, and other applicable
regulations and Executive Orders.
VII. Effective Date
20. The “Effective Date” as used herein is the date on which this Consent Agreement
and Order has been signed by both Respondent and PHMSA. Unless specified to the
contrary, all deadlines for actions required by this Consent Agreement and Order run
from the Effective Date of this Consent Agreement and Order.
VIII. Modification
21. The terms of this Consent Agreement and Order may be modified by mutual
agreement of the parties. Such modifications shall be in writing and shall be signed by
both parties.
IX. Termination
22. This Consent Agreement and Order shall terminate upon the completion of all
terms set forth in Section II (Work to Be Performed). Respondent may request written
confirmation from PHMSA when this Consent Agreement and Order is terminated. To
the extent ongoing monitoring is required, PHMSA may terminate this Consent
Agreement and Order with respect to all other requirements with the exception of such
monitoring. Nothing in this Consent Agreement and Order prevents Respondent from
completing any of the obligations earlier than the deadlines provided for herein.
X. Ratification
23. The Parties undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Consent Agreement and Order and to execute
and legally bind such party to this document.
8



24. The Parties hereby agree to all conditions and terms of this Consent Agreement
and Order:
For Respondent:
______________________________________
Mr. Richard Adams
Vice President, US Operations
Enbridge Energy, Limited Partnership
By Enbridge Pipelines (Lakehead) L.L.C.
As General Partner
______________________________________
Date
For PHMSA:
Respondent is hereby ordered to comply with the terms of this Consent Agreement and
Order, effective immediately.
_______________________________________
Mr. Jeffrey D. Wiese
Associate Administrator for Pipeline Safety
PHMSA
_______________________________________
Date
9

320125017H_Amended Corrective Action Order_08012012_text.pdf

AUG 1, 2012
VIA CERTIFIED MAIL AND FAX TO: 832-325-5473
Mr. Richard Adams
Vice President, US Operations
Enbridge Energy, LP
City Center Office
1409 Hammond Avenue
Superior, WI 54880-5247
Re: CPF No. 3-2012-5017H
Amendment to the July 30, 2012 Corrective Action Order
Dear Mr. Adams:
Enclosed is an Amendment to the Corrective Action Order that was issued in the above-
referenced case on July 30, 2012. Your receipt of this Amendment constitutes service of that
document under 49 C.F.R. § 190.5.
Please direct any questions on this matter to David Barrett, Director, Central Region, Office of
Pipeline Safety, PHMSA, at (816) 329-3800.
Sincerely,
Jeffery Wiese
Associate Administrator
For Pipeline Safety
Enclosures: Amendment to the Corrective Action Order
Copy of 49 C.F.R. § 190.233
cc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
Mr. David Barrett, Director, Central Region, OPS
Mr. Mark Maki, President, Enbridge Energy Management, LLC
Mr. Steve Wuori, President, Liquids Pipelines, Enbridge Pipelines Inc.



U. S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
____________________________________
In the Matter of )
Enbridge Energy, LP, ) CPF No. 3-2012-5017H
)
)
)
Respondent. )
____________________________________)
AMENDMENT
TO THE CORRECTIVE ACTION ORDER
Background and Purpose
On July 30, 2012, under authority of 49 U.S.C. § 60112, the Associate Administrator for Pipeline
Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA), issued a Corrective
Action Order (CAO) to Enbridge Energy Partners, LP (Enbridge or Respondent), finding that
continued operation of Respondent’s Line 14 that runs from Superior, Wisconsin, to Mokena,
Illinois, without corrective action would be hazardous to life, property, or the environment and
requiring Respondent to take immediate corrective action to ensure the safe operation of the
Line 14 near Grand Marsh, Wisconsin, that was reported by Enbridge on July 27, 2012 (Failure).
pipeline. PHMSA issued the July 30, 2012 CAO (Original CAO) 1 in response to a failure on
The Failure resulted in an estimated release of 1,200 barrels of crude oil. PHMSA initiated an
investigation of the Failure which is ongoing.
Line 14 is a part of Respondent’s 1,900 mile-long Lakehead Pipeline system, which transports
hazardous liquid from Neche, North Dakota, to Chicago, Illinois, with an extension to Buffalo,
New York.2
Additional Preliminary Findings
The preliminary findings in the Original CAO noted that the history of failures on Respondent’s
Lakehead Pipeline system, the defects originally discovered during construction of Line 14, a
2007 failure on Line 14, and the July 2010 failure on Line 6B in Marshall, Michigan, and
additional failures throughout all parts of the Lakehead System indicate that Respondent’s
integrity management program may be inadequate. PHMSA has communicated its longstanding
1 In the Matter of Enbridge Energy Partners, L.P., Corrective Action Order (CPF No. 3-2012-5017H) dated July
30, 2012.
2 See http://www.enbridgeus.com/Delivering-Energy/Pipeline-Systems/Liquids-Pipelines/ (last accessed August 1,
2012). The Lakehead System includes Lines 1, 2, 3, 4, 5, 6A, 6B, 10, 14, and 64, and associated facilities.



2
concerns about this pattern of failures with Respondent over the past several years. Given the
nature, circumstances, and gravity of this pattern of accidents, additional corrective measures are
warranted.
Finding of Hazardous Condition
Section 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action
Order, including amendments, after reasonable notice and the opportunity for a hearing,
requiring the operator of a pipeline determined to pose a hazard to take corrective actions to
protect the public and the environment. These may include the suspended or restricted use of a
pipeline facility, physical inspection, testing, repair, replacement, or other action, as appropriate.
The basis for making a determination that a pipeline facility is or would be hazardous, requiring
corrective action, is set forth both in the above-referenced statute and 49 C.F.R. § 190.233, a
copy of which is enclosed.
After evaluating all available information regarding the safety of the Lakehead System, including
the foregoing additional preliminary findings, and considering the nature and circumstances
surrounding the Failure, the hazardous nature of the product transported, the pressure required
for transporting such product, and the ongoing investigation to determine the root cause of the
Failure, I find that the continued operation of the Line 14 without additional corrective measures
would be hazardous to life, property, and the environment.
Accordingly, PHMSA hereby issues this Amendment to the CAO requiring the additional
actions specified herein be taken to protect life, property, and the environment. The additional
actions set forth in this Amendment to the CAO are in addition to the actions set forth in the
Original CAO and do not suspend or eliminate the requirements of the Original CAO, unless
otherwise specifically provided herein.
Amendments to Required Corrective Action
Pursuant to 49 U.S.C. § 60112 and 49 C.F.R. § 190.233, Enbridge Energy Partners, L.P. is
ordered to comply with this Amendment to the CAO and take the following additional corrective
actions with respect to the Lakehead System. The following item is added to the Corrective
Action Order:
13. Before the Director, Central Region, OPS, approves the restart of Line 14, Enbridge must
(1) submit, for review and approval, a comprehensive written plan, including timelines
for specific actions to improve the safety record of Respondent’s Lakehead pipeline
system and (2) hire an independent third party pipeline expert to review and assess the
written plan, which the third party will submit to PHMSA and to Respondent
concurrently. Further, the third party expert must oversee the creation, execution and
implementation of the actions identified in the plan, and must provide monitoring
summaries to PHMSA and Respondent concurrently. Respondent must commit to
address any deficiencies or risks identified in the third party’s assessment, including
repair and replacement of high-risk infrastructure.
The plan must be sufficiently detailed with specific tasks, milestones and completion
dates. At a minimum, the plan must address:



3
a. Organizational issues, including the promotion of a safety culture and creation of
a safety management system;
b. Facilities response plan;
c. Control room management;
d. Priorities for pipe replacement;
e. Training;
f. In-line inspection result interpretation;
g. Current engineering and probability of failure modeling;
h. Leak detection systems;
i. Sensor and flow measuring and valve replacement;
j. Integrity verification;
k. Quality management system; and
l. Any other risk, task, issue or item that is necessary to promote and sustain the
safety of its pipeline system.
The actions required by this Amendment to the CAO are in addition to and do not waive any
requirements that apply to Line 14 under the Original CAO or to Respondent’s pipeline system
under 49 C.F.R. Parts 190 through 199, as applicable, or any other Order issued to Respondent
under authority of 49 U.S.C. § 60101 et seq., or under any other provision of federal or state law.
After receiving and analyzing additional data in the course of this investigation, PHMSA may
identify other corrective actions that need to be taken. In that event, Respondent will be notified
of any additional measures required and further amendment of the CAO will be considered. To
the extent consistent with safety, Respondent will be afforded notice and an opportunity for a
hearing prior to the imposition of any additional corrective measures.
___________________________________ __________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

320125017H_Corrective Action Order_07302012_text.pdf

JULY 30 2012
VIA CERTIFIED MAIL AND FAX TO: 832-325-5473
Mr. Richard Adams
Vice President, US Operations
Enbridge Energy, LP
City Center Office
1409 Hammond Avenue
Superior, WI 54880-5247
Re: CPF No. 3-2012-5017H
Dear Mr. Adams:
Enclosed is a Corrective Action Order issued in the above-referenced case. It finds that
operation of the 24-inch diameter Line 14 would be hazardous to life, property, and the
environment without immediate corrective action. The Corrective Action Order requires you to
take certain corrective actions to protect the public, property, and the environment in connection
with the failure of Line 14 that occurred on July 27, 2012, near Grand Marsh, Wisconsin.
Service is being made by certified mail and facsimile. Your receipt of this Corrective Action
Order constitutes service of that document under 49 C.F.R. § 190.5. The terms and conditions of
this Order are effective upon receipt.
We look forward to the successful resolution of the concerns arising out of this failure in a
manner that will ensure the safe operation of the pipeline. Please direct any questions on this
matter to David Barrett, Director, Central Region, OPS, at (816) 329-3800.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure: Corrective Action Order and Copy of 49 C.F.R. §190.233
cc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
Mr. David Barrett, Director, Central Region, OPS
Mr. Mark Maki, President, Enbridge Energy Management, LLC
Mr. Steve Wuori, President, Liquids Pipelines, Enbridge Pipelines Inc.



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, LP, ) CPF No. 3-2012-5017H
)
)
)
Respondent. )
____________________________________)
CORRECTIVE ACTION ORDER
Purpose and Background
This Corrective Action Order (Order) is being issued, under authority of 49 U.S.C. § 60112, to
Enbridge Energy, LP (Enbridge or Respondent), the operator of the 24-inch diameter hazardous
liquid pipeline designated as Line 14 that runs from Respondent’s Superior Terminal and pump
station in Superior, Wisconsin, to its Mokena delivery facility in Mokena, Illinois (Affected
Pipeline). This Order finds that continued operation of the pipeline without corrective action
would be hazardous to life, property, or the environment and requires Respondent to take
immediate corrective action to ensure the safe operation of the pipeline.
On July 27, 2012, Respondent experienced a failure on the Affected Pipeline near Grand Marsh,
WI (Failure), in Adams County. Respondent estimates the volume of product spilled to be
approximately 1,200 barrels of crude oil.
Pursuant to 49 U.S.C. § 60117, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), initiated an investigation of the Failure. OPS has
determined that the release originated from the Affected Pipeline but the cause of the Failure has
not yet been determined. The preliminary findings of the investigation are as follows:
Preliminary Findings
• The Affected Pipeline originates at the Superior Terminal in Wisconsin, proceeds
southeast for approximately 467 miles, and terminates at the Mokena delivery facility
near Chicago, Illinois.
• At approximately 2:41 pm CDT on July 27, 2012, Respondent’s control center staff noted
indications of a release on the Affected Pipeline. Respondent initiated shut down of the
pipeline and notified field personnel in Wisconsin at 3:00 pm CDT.



3
• At approximately 2:45 pm CDT on July 27, 2012, Respondent received a call from a
landowner who reported that crude oil was spraying on the pipeline right-of-way. The
local sheriff’s office also called the control center at 2:50 pm CDT.
• At approximately 2:55 pm CDT on July 27, 2012, Respondent isolated the failed pipe
section by closing remotely controlled valves located upstream and downstream of the
Failure site.
• At 3:27 pm CDT on July 27, 2012, Respondent’s field personnel confirmed the location
of the Failure as being approximately 5.7 miles east of Grand Marsh, Wisconsin, at 2487
County Road G in Adams County. The Failure site was located at milepost (M.P.) 232
on the Affected Pipeline.
• At 5:16 pm CDT on July 27, 2012, Respondent notified the National Response Center of
the discharge of crude oil (NRC Report No. 1019189). Respondent reported 1,200
barrels of crude oil were released.
• Two households were evacuated due to their proximity to the Failure site. Several cattle
and horses required veterinary attention. No further injuries cahave been reported.
• The Affected Pipeline crosses multiple rivers, including a navigable waterway, i.e., the
Illinois River in the Chicago area, and intersects multiple High Consequence Areas
(HCAs), including drinking water sources, “Other Populated Areas,” “High Population
Areas,
” and ecological resources. The Affected Pipeline also crosses numerous state
highways in Wisconsin and Illinois, and multiple interstate highways before terminating
at Mokena, Illinois.
• The Failure site is 2.5 miles away from a drinking water source, which so far shows no
signs of contamination.
• The Affected Pipeline was constructed in 1998 of 24-inch, API 5L grade X70, high
frequency electric resistance welded (ERW) pipe manufactured by the Stupp Pipe
Corporation, with wall thicknesses ranging from 0.328-inch to 0.500-inch. The pipe at
the Failure site has a 0.328-inch nominal wall thickness. The Affected Pipeline has a
fusion bonded epoxy coating and an impressed-current cathodic protection system.
• Just prior to the time of the Failure, the discharge pressure at the Adams pump station
(M.P. 227.4), located approximately 4.6 miles upstream of the Failure site, was 1,329
psig. The established maximum operating pressure (MOP) of the pipeline is 1,378 psig.
• Respondent performed a hydrostatic test of the pipeline in 1998 from M.P. 227.49 to
M.P. 253.15 to a test pressure of 1,875 psig, which included the Failure site.
• The cause of the Failure is unknown but PHMSA has is continuing an onsite
investigation. PHMSA investigators observed a 4.18-foot-long split in the high



4
frequency ERW seam of the pipe with a maximum opening of 6.25 inches. The pipeline
currently remains out of service.
• During construction of the Affected Pipeline in 1998, radiography of girth welds revealed
lack-of-fusion defects in the ERW seams at multiple locations along the Affected
Pipeline.
• On January 1, 2007, a rupture of the Affected Pipeline occurred in Atwood, Wisconsin,
releasing 1,500 barrels of crude oil. The rupture was located at M.P. 149.4,
approximately one mile downstream of Respondent’s Owen pump station in Clark
County, Wisconsin. The OPS investigation of the 2007 failure found that a pre-existing
lack-of-fusion defect in the ERW seam had grown to failure by a fatigue mechanism due
to cyclic loads and that the chemical and mechanical properties of the pipe joint fracture
surface also had indications of low toughness of the ERW seam.
• Following the January 1, 2007 failure, Respondent utilized ultrasonic crack detection
technology to assess the Affected Pipeline. Multiple crack anomalies associated with the
ERW seam were reported by the inline inspection (ILI) vendor. Based on the ILI results,
Respondent made repairs to the Affected Pipeline for a 1.25 x MOP factor of safety.
Calculations performed by Respondent in 2008 predicted that Line 14 would not fail for a
minimum of 10 years based on a crack growth analysis that considered the operating
pressure spectrum.
• Respondent performed an ILI of the Affected Pipeline in the area of the Failure in 2011
utilizing high-resolution geometry and magnetic flux leakage (MFL) tools. An ultrasonic
crack detection technology ILI inspection was scheduled to be performed in the area of
the failure in August 2012.
• The history of failures on Respondent’s Lakehead Pipeline system, of which the Affected
Pipeline is a part, the defects originally discovered during construction, and the 2007
failure indicate that Respondent’s integrity management program may be inadequate.
Determination of Necessity for Corrective Action Order and Right to Hearing
Under 49 U.S.C. § 60112 and 49 C.F.R. § 190.233, the Associate Administrator for Pipeline
Safety (Associate Administrator) may issue a corrective action order after providing reasonable
notice and the opportunity for a hearing if he finds that a particular pipeline facility is or would
be hazardous to life, property, or the environment. The terms of such an order may include the
suspended or restricted use of a pipeline facility, physical inspection, testing, repair, replacement,
or any other action as appropriate. The Associate Administrator may also issue a corrective
action order without providing any notice or the opportunity for a hearing if he finds that a
failure to do so expeditiously will result in likely serious harm to life, property or the



5
environment. The opportunity for a hearing will be provided as soon as practicable after the
issuance of the CAO in such cases.
After evaluating the foregoing preliminary findings of fact, I find that the continued operation of
the pipeline without corrective measures would be hazardous to life, property and the
environment. Additionally, after considering the age and failure history of the pipe, the
circumstances surrounding the Failure, the proximity of the pipeline to populated areas, water
bodies, drinking water resources, public roadways, and High Consequence Areas, the hazardous
nature of the product being transported, the uncertainties as to the cause of the Failure, and the
ongoing investigation to determine the cause of the Failure, I find that a failure to issue this
Order expeditiously to require immediate corrective action would likely result in serious harm to
life, property, and the environment. Accordingly, this Corrective Action Order is issued without
prior notice and opportunity for a hearing. The terms and conditions of this Order are effective
upon receipt.
Within 10 days of receipt of this Order, Respondent may request a hearing, to be held as soon as
practicable, by notifying the Associate Administrator for Pipeline Safety in writing, delivered
personally, by mail or by fax at (202) 366-4566. The hearing will be held in Kansas City,
Missouri, or Washington, DC, on a date that is mutually convenient to PHMSA and Respondent.
After receiving and analyzing additional data in the course of this investigation, PHMSA may
identify other corrective measures that need to be taken. Respondent will be notified of any
additional measures r
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