{"operation":"document","citation":"CPF 320135026M","title":"TC OIL PIPELINE OPERATIONS INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-08-28","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(c), 195.440(d), 195.440(e), 195.440(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135026m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135026m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135026m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135026M","body":"Notice of Amendment involving TC OIL PIPELINE OPERATIONS INC. PHMSA's enforcement data identifies the cited regulations as 195.440(c),  195.440(d),  195.440(e),  195.440(f). The case was opened on 2013-08-28 and is reported as closed as of 2015-12-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135026M_Closure Letter_12102015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135026M/320135026M_Closure%20Letter_12102015.pdf\n\n320135026M_Closure Letter_12102015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135026M/320135026M_Closure%20Letter_12102015_text.pdf\n\n320135026M_Notice of Amendment_08282013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135026M/320135026M_Notice%20of%20Amendment_08282013.pdf\n\n320135026M_Notice of Amendment_08282013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135026M/320135026M_Notice%20of%20Amendment_08282013_text.pdf\n\n320135026M_Closure Letter_12102015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 10, 2015\nMr. Vern Meier\nVice President, Pipeline Safety and Compliance\nTransCanada USA Services Ltd.\n700 Louisiana Street, Suite 700\nHouston, Texas 77002-2700\nRe: CPF 3-2013-5026M\nDear Mr. Meier:\nOn July 27-29, 2011, representatives from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code inspected\nTransCanada USA Services Ltd.’s (TransCanada U.S. Pipelines) procedures for Public\nAwareness Program Effectiveness in Calgary, Alberta, Canada. As a result of the\ninspection, TransCanada USA Services Ltd. (TransCanada U.S. Pipelines) was issued a\nNotice of Amendment (NOA) on August 28, 2013, which proposed amendment of your\nprocedures.\nTransCanada USA Services Ltd. (TransCanada U.S. Pipelines) indicated to PHMSA that\nchanges were pursued by June 2012. Amended procedures in response to the NOA were\nsubmitted to PHMSA on October 2, 2013. My staff reviewed the amended procedures, and\nit appears that the inadequacies outlined in the NOA have been corrected.\nThis letter is to provide correct dates associated with the case and inform you that no further\naction is necessary. This case is closed. Thank you for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320135026M_Notice of Amendment_08282013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 28, 2013\nMr. Vern Meier\nVice President, Operations\nTransCanada U.S. Pipeline\n717 Texas Avenue, Suite 2400\nP.O. Box 2446\nHouston, Texas 77252-2446\nCPF 3-2013-5026M\nDear Mr. Meier:\nOn July 27-29, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nTransCanada U.S. Pipeline’s (TransCanada) procedures for Public Awareness Program\nEffectiveness in Calgary, Alberta, Canada.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found\nwithin TransCanada’s plans or procedures, as described below:\n1. § 195.440 Public awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why\ncompliance with all or certain provisions of the recommended practice is not\npracticable and not necessary for safety.\n\n\n\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process for conducting an annual implementation review per API RP 1162\nthat verifies the program has been implemented.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process for conducting the annual supplemental review for the entire\nsystem according to all twelve elements listed in API RP 1162. In addition, the plan does\nnot reference the use of the supplemental review template located on the internal share\npoint site.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process ensuring that information about its response capabilities is shared\nand that a liaison relationship with emergency officials is maintained at an acceptable\ninterval.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process for documenting the annual implementation review at the\ncorporate or regional level.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process to document the results of the annual implementation review. The\nPlan does not identify what was changed; when the change was to be completed; who\ncompleted the change; and when the change was completed?\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process that defines what are appropriate preventive behavior measures,\nappropriate responses, and appropriate mitigating behaviors that augment the Plan’s\nperformance.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process to measure bottom line results, such as the affected public’s\nperception of the safety of the operator’s system or provide justification in its program.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process that documents the changes, recommendations, responsibilities,\nand completion of changes during the effectiveness evaluation.\n2. § 195.440 Public awareness.\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in\nexcavation related activities on:\nTransCanada’s procedures are inadequate because its Public Awareness Plan’s baseline\nmessaging to public officials and excavators does not contain all the messages required\nfrom API RP 1162.\n2\n\n\n\n3. § 195.440 Public awareness.\n(e) The program must include activities to advise affected municipalities,\nschool districts, businesses, and residents of pipeline facility locations.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process to ensure that affected schools are properly advised of appropriate\nsafety messages, including the pipeline facility locations.\n4. § 195.440 Public awareness.\n(f) The program and the media used must be as comprehensive as necessary to\nreach all areas in which the operator transports gas.\nTransCanada’s procedures are inadequate because its Public Awareness Plan does not\ninclude a written process for periodically evaluating the need for using other languages to\ncommunicate with its stakeholder audiences and determining when to provide messaging in\nalternate languages.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve 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). If you\ndo not respond within 30 days of receipt of this Notice, this constitutes a waiver of your\nright to contest the allegations in this Notice and authorizes the Associate Administrator for\nPipeline Safety to find facts as alleged in this Notice without further notice to you and to\nissue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that TransCanada maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Linda Daugherty,\n3\n\n\n\nDirector, Central Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 3-2013-10XXM and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: Robert Jones\n4450 1st Street S.W.\nCalgary, Alberta, CAN T2P 5H1\n4","truncated":false,"body_characters":9330}