{"operation":"document","citation":"CPF 320165003H","title":"TC OIL PIPELINE OPERATIONS INC — Corrective Action Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-04-09","effective_on":null,"summary":"CLOSED corrective action order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165003h.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165003h.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165003h","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320165003H","body":"Corrective Action Order involving TC OIL PIPELINE OPERATIONS INC. The dataset does not identify a cited regulation for this case. The case was opened on 2016-04-09 and is reported as closed as of 2017-03-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320165003H_Closure Letter_03302017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165003H/320165003H_Closure%20Letter_03302017.pdf\n\n320165003H_Closure Letter_03302017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165003H/320165003H_Closure%20Letter_03302017_text.pdf\n\n320165003H_Corrected CAO CPF Cover Letter_04112016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165003H/320165003H_Corrected%20CAO%20CPF%20Cover%20Letter_04112016.pdf\n\n320165003H_Corrected CAO CPF Cover Letter_04112016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165003H/320165003H_Corrected%20CAO%20CPF%20Cover%20Letter_04112016_text.pdf\n\n320165003H_Corrective Action Order_04092016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165003H/320165003H_Corrective%20Action%20Order_04092016.pdf\n\n320165003H_Corrective Action Order_04092016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165003H/320165003H_Corrective%20Action%20Order_04092016_text.pdf\n\n320165003H_Corrective Action Order_04092016_text.pdf\n\nApril 9, 2016\nVIA CERTIFIED MAIL AND FAX TO:\nMr. Vern Meier\nVice President – Field Operations\nTransCanada Oil Operations, Inc.\n717 Texas Avenue\nHouston, TX 77002\nCPF No. 3-2016-5002H\nDear Mr. Meier:\nEnclosed is a Corrective Action Order issued in the above-referenced case. It finds that\ncontinued operation of the TransCanada Oil Operation’s Keystone Mainline #2 between the\nFreeman and Hartington pump stations near Freeman, South Dakota, is or would be hazardous to\nlife, property, and the environment without immediate corrective actions. The Corrective Action\nOrder requires you to take certain corrective actions to protect the public, property, and the\nenvironment in connection with the leak that was initially reported to the National Response\nCenter on April 2, 2016. Service is being made by certified mail and facsimile. Your receipt of\nthis Corrective Action Order constitutes service of that document under 49 C.F.R. § 190.5. The\nterms and conditions of this Order are effective upon receipt.\nWe look forward to the successful resolution of the concerns arising out of this accident to\nensure the safe operation of this TransCanada facility. Please direct any questions on this matter\nto Allan Beshore, Region Director, Central Region, OPS, at (816) 329-3811.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Corrective Action Order and Copy of 49 C.F.R. § 190.233\ncc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS\nMr. Allan Beshore, Region Director, OPS\n\n\n\nCPF No. 3-2016-5002H\nPage 2\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTransCanada Oil Operations, Inc., ) CPF No. 3-2016-5002H\nRespondent. )\n)\n)\n)\n)\n____________________________________)\nCORRECTIVE ACTION ORDER\nPurpose and Background:\nThis Corrective Action Order (Order) is being issued, under authority of 49 U.S.C. § 60112, to\nrequire TransCanada Oil Operations, Inc. (TC or Respondent), to take necessary corrective\nactions to protect the public, property, and the environment from potential hazards associated\nwith a release from its 30-inch crude oil transmission pipeline near Freeman, South Dakota. The\nrelease occurred on the 48.1 mile pipeline segment referred to as Keystone Mainline #2 between\nthe Freeman (Pump Station 23) to the Hartington (Pump Station 24) (Affected Segment). TC\noperates Keystone Pipeline, which is a 2,639-mile pipeline system between Hardisty, Alberta,\nCanada and Patoka, Illinois, and Port Arthur, Texas.\n1 This Order finds that continued operation\nof the Affected Segment without corrective action is or would be hazardous to life, property, or\nthe environment and requires Respondent to take immediate action to ensure its safe operation.\nOn April 2, 2016, TC notified the National Response Center of a crude oil release from its 30-\ninch pipeline near Freeman, South Dakota. A landowner initially spotted the crude oil alongside\na rural county road and reported it to a One-Call center, which, in turn, notified TC. According\nto documents under review by PHMSA, TC initiated shutdown of the entire pipeline within six\nminutes of notification from the One-Call center and dispatched personnel to the location.\nInitially reported as an estimated 4-5 barrel (187 gallon) release, excavation along the pipeline\nrevealed crude oil in soil for some distance along the pipeline, resulting in a revised spill\nestimate of 400 barrels. Late on April 7, 2016, metallurgists identified a small weld anomaly at\nthe 6:00 o’clock position on a girth weld.\nPursuant to 49 U.S.C. § 60117, the Pipeline and Hazardous Materials Safety Administration\n1 http://www.transcanada.com/oil-pipelines.html\n\n\n\nCPF No. 3-2016-5002H\nPage 3\n(PHMSA), Office of Pipeline Safety (OPS), initiated an investigation of the accident. The\npreliminary findings of the agency's ongoing investigation are as follows:\nPreliminary Findings:\n• The accident was initially reported by TC to the National Response Center at 3:15 pm\nCDT on April 2, 2016 (NRC Report No. 1144321), indicating the quantity released\nas 4.5 barrels (187 gallons). This NRC report was updated on April 7, 2016 with\nNRC Report No. 1144694 at 11:14 am CDT, to reflect 400 barrels (16,800 gallons)\nas the estimated quantity released.\n• At 12:36 pm CDT on April 2, 2016, Respondent’s operations control center received a\ncall from the One-Call center, connecting them with a landowner who reported a leak\nnear Freeman. The release location is in a rural agricultural area alongside County\nRoad 437 near pipeline Mile Post (MP) 411. The pipe failure resulted in the release of\nan estimated 400 barrels of crude oil. The failure occurred in Hutchinson County,\nSouth Dakota, approximately 39 miles southwest of Sioux Falls.\n• At 12:41 pm CDT, Respondent’s operations control center shut down the entire\npipeline and dispatched a technician to confirm the landowner’s report.\n• On April 7, the immediate cause of the leak was identified as a girth weld anomaly at\nthe 6:00 position on a transition weld. The cause of the welding anomaly is still under\ninvestigation and unknown at this time. A third-party metallurgist, contracted by TC,\ndiscovered the weld anomaly. At the time of discovery, the anomaly was observed\nto be releasing crude oil from the pipeline at a rate of approximately two drops per\nminute. It is not known how long the pipeline had been leaking.\n• The 30-inch pipeline moves crude oil from Hardisty, Alberta, Canada to Patoka,\nIllinois, and separately to Port Arthur, Texas. This portion of the system consists\nof a 1082-mile-long 30-inch diameter pipeline, 23 pump stations, a terminal\nfacility in Patoka, Illinois, and related facilities that start at the Canadian Border in\nNorth Dakota and traverse the States of South Dakota, Nebraska, Kansas and\nMissouri, terminating in Wood River, Illinois. It was constructed from June 2008\nuntil March 2010.\n• The specific pipeline section that failed was installed in 2009. It is 30” in diameter\nand constructed of API 5L X-70 line pipe manufactured by Welspun. The pipe has a\ndouble-submerged helical arc longitudinal seam and is coated with a fusion bond\nepoxy coating.\n• PHMSA issued a special permit (Special Permit) on April 30, 2007 with 51 conditions\nfor Keystone Pipeline, which allowed the pipeline to be operated at a stress level of 80\npercent of the steel pipe’s specified minimum yield strength (SMYS), whereas, the\nfederal regulations in 49 CFR 195.106 normally limit the operating stress level for\n\n\n\nCPF No. 3-2016-5002H\nPage 3\nhazardous liquid pipelines to 72 percent of SMYS. The Special Permit was to provide\nfor a level of safety equal to, or greater than, the regulations in effect at the time by\nrequiring TC to more closely inspect and monitor the pipeline over its operational life\nthan similar pipelines installed without a special permit.\n• Keystone Pipeline traverses several High Consequence Areas and navigable rivers. The\nnearest “could-affect” pipeline segment is approximately 1400 feet downstream of the\nsuspected girth-weld failure.\n• TC inspected the Keystone Pipeline in November 2015 with an internal acoustic\ninspection tool. TC also routinely conducted aerial patrols of the Keystone Pipeline, the\nlatest of which was performed on March 29, 2016. None of these activities identified\nany oil leakage from the Keystone Pipeline at this location.\n• Removal of crude oil from the spill area is underway. Various state agencies and\nnumerous contractors working on behalf of the operator, and other operating personnel\nare performing clean-up, remediation, and monitoring activities.\n• The investigation is on-going and information could change. This order may be\namended based on further findings during the investigation.\nDetermination of Necessity for Corrective Action Order and Right to Hearing:\nSection 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action\nOrder, after reasonable notice and the opportunity for a hearing, requiring corrective action,\nwhich may include the suspended or restricted use of a pipeline facility, physical inspection,\ntesting, repair, replacement, or other action, as appropriate. The basis for making the\ndetermination that a pipeline facility is hazardous and requiring corrective action is set forth both\nin the above-referenced statute and 49 C.F.R.§ 190.233, a copy of which is enclosed.\nSection 60112, and the regulations promulgated thereunder, provide for the issuance of a\nCorrective Action Order without prior opportunity for notice and hearing upon a finding that\nfailure to issue the Order expeditiously will likely result in serious harm to life, property or the\nenvironment. In such cases, an opportunity for a hearing will be provided as soon as practicable\nafter the issuance of the Order.\nAfter evaluating the foregoing preliminary findings of fact, I find that the continued operation of\nthe Affected Segment without corrective measures is or would be hazardous to life, property and\nthe environment. Additionally, after considering the age of the pipe, the circumstances\nsurrounding the failure, the hazardous nature of the product being transported, the pressure\nrequired for transporting the material, the uncertainties as to the cause of the failure, and the\nongoing investigation to determine the cause of the failure, I find that a failure to issue this\nOrder expeditiously to require immediate corrective action would result in likely serious harm to\nlife, property, and the environment.\nAccordingly, this Corrective Action Order mandating immediate corrective action is issued\n\n\n\nCPF No. 3-2016-5002H\nPage 4\nwithout prior notice and opportunity for a hearing. The terms and conditions of this Order are\neffective upon receipt.\nWithin 10 days of receipt of this Order, Respondent may request a hearing, to be held as soon as\npracticable, by notifying the Associate Administrator for Pipeline Safety in writing, with a copy\nto the Director, Central Region, PHMSA (Director). If a hearing is requested, it will be held\ntelephonically or in-person in Kansas City, Missouri.\nAfter receiving and analyzing additional data in the course of this investigation, PHMSA may\nidentify other corrective measures that need to be taken. Respondent will be notified of any\nadditional measures required and amendment of this Order will be considered. To the extent\nconsistent with safety, Respondent will be afforded notice and an opportunity for a hearing prior\nto the imposition of any additional corrective measures.\nRequired Corrective Actions:\nPursuant to 49 U.S.C. 60112, I hereby order TC to immediately take the following corrective\nactions with respect to the Affected Segment:\n1. Shutdown of the Affected Segment. The 30” Keystone Pipeline from Freeman (Pump\nStation 23) to Hartington (Pump Station 24) is currently out of service. The Affected\nSegment must remain shut down until the Central Region Director has approved a\nReturn-to-Service Plan under this Order.\n2. Return-to-Service Plan. Respondent has developed a Return-to-Service Plan and\nsubmitted the plan to the Central Region Director for approval. The plan has been\nreviewed and approved by the Director. The plan includes a provision for repairing the\nleaking weld by installing a leak repair clamp on the pipeline. The plan shall also include\nprovisions for increased patrolling of the Affected Segment during restart and until the\nleak repair clamp and failed girth weld have been removed. Once the Director has\nauthorized the TC to return to service, the pressure on the Affected Segment shall be\nlimited to a maximum allowable discharge pressure of 797 psi at the Freeman Pump\nStation.\n3. Testing of Failed Pipeline Section. Within 90 days of receipt of this Order, Respondent\nmust develop and submit to the Director for approval a plan to remove the failed pipeline\ngirth weld and complete an independent third-party mechanical and metallurgical failure\nanalysis of the weld. This plan shall include:\nA. A detailed plan and schedule to shut down the pipeline, cut out the leak repair clamp\nand the failed girth weld, and install a replacement section of pipe.\nB. Document the chain-of-custody when handling and transporting the failed girth weld\nand other evidence from the failure site (if any);\nC. The testing protocol(s), including selection of the testing laboratory;\n\n\n\nCPF No. 3-2016-5002H\nPage 5\n4. 5. 6. 7. D. Prior to commencing the mechanical and metallurgical testing, provide the Director\nwith the scheduled date, time, and location of the testing to allow a PHMSA\nrepresentative to witness the testing; and\nE. Ensure that the testing laboratory distributes all resulting reports in their entirety\n(including all media), whether draft or final, to the Director at the same time as they\nare made available to Respondent.\nIntegrity Verification and Remedial Work Plan. Within 120 days following receipt of\nthis Order, TC must submit an integrity verification and remedial work plan (RWP) to the\nDirector for approval. The plan must provide for the verification of the integrity of the\nAffected Segment and must address all factors known or suspected in the leak, including,\nbut not be limited to the integration of information as follows:\nA. A review of construction records, in-line inspection reports, and any other data\npertinent to the analysis of the failed girth weld;\nB. A plan to analyze available data on other girth welds within the Affected Segment to\ndevelop a plan for the inspection of selected girth welds with similar characteristics;\nC. The performance of an acoustic leak detection tool inspection and/or other internal\ninspections with technologies appropriate to identifying girth weld defects with\nsimilar characteristics.\nD. Utilizing all information gained through history review, operational experience,\nfailure investigation, and root cause analysis, conduct an integrity review designed to\nprevent reoccurrence.\nRoot Cause Failure Analysis. Within 90 days following receipt of this Order, complete\na root cause failure analysis (RCFA) and submit a final report of this RCFA to the\nDirector. The RCFA must be supplemented/facilitated by an independent third-party\nacceptable to the Director and must document the decision making process and all factors\ncontributing to the failure. The final report must include findings and any lessons learned\nand whether the findings and any lessons learned are applicable to other locations within\nTC’s pipeline system.\nLeak Detection Plan. Within 90 days of receipt of this Order, perform a review and\nsubmit to the Director a written plan to improve the leak detection capability on the\nAffected Segment. The review must include a comprehensive analysis of any SCADA,\nleak detection, surveillance, and other monitoring systems on the Affected Segment. The\nwritten plan must include a schedule for improving the leak detection capability on the\nAffected Segment through additional instrumentation, updated hardware or software,\ninstallation of a computational pipeline monitoring system and associated software\nprogramming, additional surveillance, pipeline control staffing, ongoing leak surveys,\nand any other appropriate measures.\nEmergency Response Plan and Training Review. Within 90 days of receipt of this\nOrder, TC must review and assess the effectiveness of its emergency response plan with\nregards to the failure. Include in the review and assessment the on-scene response and\n\n\n\nCPF No. 3-2016-5002H\nPage 6\nsupport, coordination, and communication with emergency responders and public\nofficials. Also, include a review and assessment of the effectiveness of its emergency\ntraining program. TC must amend its emergency response plan and emergency training,\nif necessary, to reflect the results of this review. The documentation of this Emergency\nResponse Plan and Training Review must be available for inspection by OPS or provided\nto the Director, if requested.\n8. Order Revisions. Upon approval by the Director, the remedial work plan becomes\nincorporated into this Order and shall be revised as necessary to incorporate the results of\nactions undertaken pursuant to this Order and whenever necessary to incorporate new\ninformation obtained during the failure investigation and remedial activities. Submit any\nsuch plan revisions to the Director for prior approval. The Director may approve plan\nelements incrementally.\n9. Implementation of Approved Work Plan. Implement the work plan as approved by the\nDirector, including any revisions to the plan.\n10. Quarterly Reports. Submit quarterly reports to the Director that:\na. Include all available data and results of the testing and evaluations required by\nthis Order; and\nb. Describe the progress of the repairs or other remedial actions being undertaken.\nThe first quarterly report for the period from April 2, 2016, through June 30,\n2016, shall be due by July 15, 2016.\nThe Director may grant an extension of time for compliance with any of the terms of this Order\nupon a written request timely submitted demonstrating good cause for an extension.\nWith respect to each submission that under this Order requires the approval of the Director, the\nDirector may: (a) approve, in whole or part, the submission; (b) approve the submission on\nspecified conditions; (c) modify the submission to cure any deficiencies; (d) disapprove, in\nwhole or in part, the submission, directing that Respondent modify the submission; or (e) any\ncombination of the above. In the event of approval, approval upon conditions, or modification\nby the Director, Respondent shall proceed to take all action required by the submission as\napproved or modified by the Director. If the Director disapproves all or any portion of the\nsubmission, Respondent shall correct all deficiencies within the time specified by the Director,\nand resubmit it for approval. If a resubmitted item is disapproved in whole or in part, the\nDirector may again require Respondent to correct the deficiencies in accordance with the\nforegoing procedure, and the Director may otherwise proceed to enforce the terms of this Order.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. § 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. § 552(b).\n\n\n\nCPF No. 3-2016-5002H\nPage 7\nIn your correspondence on this matter, please refer to \"CPF No. 3-2016-5002H” and for each\ndocument you submit, please provide a copy in electronic format whenever possible. The\nactions required by this Order are in addition to and do not waive any requirements that apply to\nRespondent's pipeline system under 49 C.F.R. Parts 190 through 199, under any other order\nissued to Respondent under authority of 49 U.S.C. Chapter 601, or under any other provision of\nFederal or State law.\nRespondent may appeal any decision of the Director to the Associate Administrator for Pipeline\nSafety. Decisions of the Associate Administrator shall be final.\nFailure to comply with this Order may result in the assessment of civil penalties and in referral to\nthe Attorney General for appropriate relief in United States District Court pursuant to\n49 U.S.C. § 60120.\nThe terms and conditions of this Order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\n________________________________ ________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nCPF No. 3-2016-5002H\nPage 8\n§190.233 Corrective action orders.\n(a) Generally. Except as provided by paragraph (b) of this section, if the Associate Administrator\nfinds, after reasonable notice and opportunity for hearing in accord with paragraph (c) of this\nsection, a particular pipeline facility is or would be hazardous to life, property, or the\nenvironment, the Associate Administrator may issue an order pursuant to this section requiring\nthe operator of the facility to take corrective action. Corrective action may include suspended or\nrestricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate\naction.\n(b) Waiver of notice and expedited review. The Associate Administrator may waive the\nrequirement for notice and opportunity for hearing under paragraph (a) of this section before\nissuing an order whenever the Associate Administrator determines that the failure to do so would\nresult in the likelihood of serious harm to life, property, or the environment. When an order is\nissued under this paragraph, a respondent that contests the order may obtain expedited review of\nthe order either by answering in writing to the order within 10 days of receipt or requesting a\nhearing under §190.211 to be held as soon as practicable in accordance with paragraph (c)(2) of\nthis section. For purposes of this section, the term “expedited review” is defined as the process\nfor making a prompt determination of whether the order should remain in effect or be amended\nor terminated. The expedited review of an order issued under this paragraph will be complete\nupon issuance of such determination.\n(c) Notice and hearing:\n(1) Written notice that OPS intends to issue an order under this section will be served upon the\nowner or operator of an alleged hazardous facility in accordance with §190.5. The notice must\nallege the existence of a hazardous facility and state the facts and circumstances supporting the\nissuance of a corrective action order. The notice must provide the owner or operator with an\nopportunity to respond within 10 days of receipt.\n(2) An owner or operator that elects to exercise its opportunity for a hearing under this section\nmust notify the Associate Administrator of that election in writing within 10 days of receipt of\nthe notice provided under paragraph (c)(1) of this section, or the order under paragraph (b) of\nthis section when applicable. The absence of such written notification waives an owner or\noperator's opportunity for a hearing.\n(3) At any time after issuance of a notice or order under this section, the respondent may request\na copy of the case file as set forth in §190.209.\n(4) A hearing under this section is conducted pursuant to §190.211. The hearing should be held\nwithin 15 days of receipt of the respondent's request for a hearing.\n(5) After conclusion of a hearing under this section, the Presiding Official submits a\nrecommended decision to the Associate Administrator as to whether or not the facility is or\n\n\n\nCPF No. 3-2016-5002H\nPage 9\nwould be hazardous to life, property, or the environment, and if necessary, requiring expeditious\ncorrective action. If a notice or order is contested in writing without a hearing, an attorney from\nthe Office of Chief Counsel prepares the recommended decision. The recommended decision\nshould be submitted to the Associate Administrator within five business days after conclusion of\nthe hearing or after receipt of the respondent's written objection if no hearing is held. Upon\nreceipt of the recommendation, the Associate Administrator will proceed in accordance with\nparagraphs (d) through (h) of this section. If the Associate Administrator finds the facility is or\nwould be hazardous to life, property, or the environment, the Associate Administrator issues a\ncorrective action order in accordance with this section, or confirms (or amends) the corrective\naction order issued under paragraph (b) of this section. If the Associate Administrator does not\nfind the facility is or would be hazardous to life, property, or the environment, the Associate\nAdministrator withdraws the notice or terminates the order issued under paragraph (b) of this\nsection, and promptly notifies the operator in writing by service as prescribed in §190.5.\n(d) The Associate Administrator may find a pipeline facility to be hazardous under paragraph (a)\nof this section:\n(1) If under the facts and circumstances the Associate Administrator determines the particular\nfacility is hazardous to life, property, or the environment; or\n(2) If the pipeline facility or a component thereof has been constructed or operated with any\nequipment, material, or technique which the Associate Administrator determines is hazardous to\nlife, property, or the environment, unless the operator involved demonstrates to the satisfaction\nof the Associate Administrator that, under the particular facts and circumstances involved, such\nequipment, material, or technique is not hazardous.\n(e) In making a determination under paragraph (d) of this section, the Associate Administrator\nshall consider, if relevant:\n(1) The characteristics of the pipe and other equipment used in the pipeline facility involved,\nincluding its age, manufacturer, physical properties (including its resistance to corrosion and\ndeterioration), and the method of its manufacture, construction or assembly;\n(2) The nature of the materials transported by such facility (including their corrosive and\ndeteriorative qualities), the sequence in which such materials are transported, and the pressure\nrequired for such transportation;\n(3) The characteristics of the geographical areas in which the pipeline facility is located, in\nparticular the climatic and geologic conditions (including soil characteristics) associated with\nsuch areas, and the population density and population and growth patterns of such areas;\n(4) Any recommendation of the National Transportation Safety Board issued in connection with\nany investigation conducted by the Board; and\n\n\n\nCPF No. 3-2016-5002H\nPage 10\n(5) Such other factors as the Associate Administrator may consider appropriate.\n(f) A corrective action order shall contain the following information:\n(1) A finding that the pipeline facility is or would be hazardous to life, property, or the\nenvironment.\n(2) The relevant facts which form the basis of that finding.\n(3) The legal basis for the order.\n(4) The nature and description of any particular corrective action required of the respondent.\n(5) The date by which the required corrective action must be taken or completed and, where\nappropriate, the duration of the order.\n(6) If the opportunity for a hearing was waived pursuant to paragraph (b) of this section, a\nstatement that an opportunity for a hearing will be available at a particular time and location after\nissuance of the order.\n(g) The Associate Administrator will terminate a corrective action order whenever the Associate\nAdministrator determines that the facility is no longer hazardous to life, property, or the\nenvironment. If appropriate, however, a notice of probable violation may be issued under\n§190.207.\n(h) At any time after a corrective action order issued under this section has become effective, the\nAssociate Administrator may request the Attorney General to bring an action for appropriate\nrelief in accordance with §190.235.\n(i) Upon petition by the Attorney General, the District Courts of the United States shall have\njurisdiction to enforce orders issued under this section by appropriate means.\n[70 FR 11138, Mar. 8, 2005, as amended by Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]\n\n320165003H_Closure Letter_03302017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 30, 2017\nMr. Vern Meier\nVice President – Field Operations\nTransCanada Oil Operations, Inc.\n717 Texas Ave.\nHouston, TX 77002\nCPF 3-2016-5003H\nDear Mr. Meier:\nOn April 9, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to TransCanada Oil Operations, Inc. a Corrective Action Order in the above-referenced\ncase. This Order included a requirement to take corrective actions on your pipeline. Based on\nour review of the documentation you provided, it has been determined that you have complied\nwith the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320165003H_Corrected CAO CPF Cover Letter_04112016_text.pdf\n\nApril 11, 2016\nMr. Vern Meier\nVice President – Field Operations\nTransCanada Oil Operations, Inc.\n717 Texas Avenue\nHouston, Texas 77002\nSubject: Correction to Corrective Action Order\nCPF 3-2016-5003H replaces CPF 3-2016-5002H\nDear Mr. Meier:\nI am sending this letter to correct an error in the case number assigned to the Corrective\nAction Order (Order) issued to TransCanada on April 9, 2016. The original Order\ncontained an erroneous case number, CPF 3-2016-5002H. The correct case number that\nshould be utilized for all future matters involving the Order is CPF 3-2016-5003H.\nWe apologize for any inconvenience this might have caused.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":30608}