{"operation":"document","citation":"CPF 320125022W","title":"ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-10-05","effective_on":null,"summary":"CLOSED warning letter citing 195.202, 195.204, 195.222(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320125022w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320125022w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320125022w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320125022W","body":"Warning Letter involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulations as 195.202,  195.204,  195.222(a). The case was opened on 2012-10-05 and is reported as closed as of 2012-10-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320125022W_Operator Response to Notice_10182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125022W/320125022W_Operator%20Response%20to%20Notice_10182012.pdf\n\n320125022W_Warning Letter_10052012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125022W/320125022W_Warning%20Letter_10052012.pdf\n\n320125022W_Warning Letter_10052012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320125022W/320125022W_Warning%20Letter_10052012_text.pdf\n\n320125022W_Warning Letter_10052012_text.pdf\n\nWARNING LETTER\nUPS Next Day Air\nOctober 5, 2012\nMr. Richard Adams\nVice President, U.S. Operations\nEnbridge Energy, Limited Partnership\nCity Center Office\n1409 Hammond Avenue\nSuperior, Wisconsin 54880-5247\nCPF 3-2012-5022W\nDear Mr. Adams:\nOn October 2-4, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nLine 6B pipeline replacement project near Fenton, Howell, Niles and Marshall, Michigan.\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\nand the probable violation(s) are:\n1. §195.202 Compliance with specification or standards\nEach pipeline system must be constructed in accordance with comprehensive\nwritten specifications or standards that are consistent with the requirements of\nthis part.\nPHMSA Central Region staff observed instances where the external coating\ninspection was not in accordance with Enbridge’s construction specifications.\nSpecifically, holiday detection was performed with foreign material such as tape\nand fiber board on the outer surface of the pipe coating. Enbridge’s construction\nspecifications describe the requirements for holiday detection, including\nincorporation of NACE standards and recommended practices. These NACE\n\n\n\ndocuments state, “The exploring electrode shall maintain contact with the coated\nsurface at all times” and “All foreign material that cause an increase in the distance\nbetween the exploring electrode and the coated surface must be removed prior to\nelectrical inspection.” Clearly, the tape and fiber board are foreign materials that\ncause an increase in the distance between the electrode and the coated surface, and\nmust be removed prior to electrical inspection. Therefore, the holiday detection on\nthe external coating was not properly performed as described in Enbridge’s\nconstruction specifications.\n2. §195.204 Inspection - General.\nInspection must be provided to ensure the installation of pipe or pipeline\nsystems in accordance with the requirements of this subpart. No person may\nbe used to perform inspections unless that person has been trained and is\nqualified in the phase of construction to be inspected.\nEnbridge’s inspection of Line 6B was not adequate to ensure the installation of pipe\nwas in accordance with Part 195 requirements. As described in Item 1 above,\nCentral Region staff observed instances where the external coating inspection was\nnot in accordance with the required Enbridge construction specifications. Pipe had\nalready been inspected by Enbridge for coating holidays and lowered into the\nground, yet foreign material on the unburied segment was observed by PHMSA\nstaff. At PHMSA’s behest the foreign material had to be removed and re-inspected\nprior to backfilling.\n3. §195.222 Welders: Qualification of welders\n(a) Each welder must be qualified in accordance with section 6 of API 1104\n(ibr, see § 195.3 or section IX of the ASME Boiler and Pressure Vessel Code,\n(ibr, see § 195.3) except that a welder qualified under an earlier edition than\nlisted in § 195.3 may weld but may not re-qualify under that earlier edition.\nA welder’s qualification records were not consistent with Enbridge welding\nprocedures, including verification and documentation that the qualification welding\nwas performed per the essential variables described in the procedure. The\nqualification record was found to have a documented preheat of 250 °F which is\nbelow the preheat and inter-pass temperature of 300 °F specified in Enbridge’s\nWeld Procedure Specification Procedure No. WP-103 Rev. 1 for branch fittings.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the items identified in this letter. Failure to do so will result in Enbridge Energy,\nLimited Partnership being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2012-5022W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5933}