{"operation":"document","citation":"CPF 320185009W","title":"ENBRIDGE PIPELINES (SOUTHERN LIGHTS) L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-10-04","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.412(a), 195.64(c)(1)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320185009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320185009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320185009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320185009W","body":"Warning Letter involving ENBRIDGE PIPELINES (SOUTHERN LIGHTS) L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.412(a),  195.64(c)(1)(i). The case was opened on 2018-10-04 and is reported as closed as of 2018-10-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320185009W_Warning Letter_10042018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320185009W/320185009W_Warning%20Letter_10042018.pdf\n\n320185009W_Warning Letter_10042018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320185009W/320185009W_Warning%20Letter_10042018_text.pdf\n\n320185009W_Warning Letter_10042018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 4, 2018\nBradley Shamla\nVice President, US Operations\nEnbridge Pipelines (Southern Lights) L.L.C.\n7701 France Avenue S, Suite 600\nEdina, MN 55435\nCPF 3-2018-5009W\nDear Mr. Shamla:\nFrom February 27th to July 27th\n, 2017 a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of\n49 United States Code (U.S.C.) inspected the records and facilities of your Southern Lights\npipeline system (Line 13) in Illinois, Wisconsin and Minnesota.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. §195.64 National Registry of Pipeline and LNG Operators.\n(c) Changes. Each operator must notify PHMSA electronically through the\nNational Registry of Pipeline and LNG Operators\nat http://opsweb.phmsa.dot.gov, of certain events.\n(1) An operator must notify PHMSA of any of the following events not later than\n60 days before the event occurs:\n\n\n\n(i) Construction or any planned rehabilitation, replacement, modification,\nupgrade, uprate, or update of a facility, other than a section of line pipe, that\ncosts $10 million or more.\nEnbridge did not notify PHMSA of the construction of a breakout tank built in\nManhattan, IL in 2015. Enbridge began construction of a third breakout tank at the\nManhattan terminal in 2015 with a capacity of 491,000 barrels at an estimated cost\ngreater than $10 million. No notice was sent to PHMSA of construction.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n3. (a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective.\nEnbridge did not follow its manual of written procedures for corrosion control.\nCathodic protection monitoring records showed that the Line 13 casing at milepost\n341.69 was electrically shorted to the carrier pipe from 2013 through 2016. PHMSA\nalso observed the casing to be shorted during the inspection on April 13, 2017.\nEnbridge procedures require that the shorted condition be cleared, however no attempt\nto clear the short was made.\n§195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times\neach calendar year, inspect the surface conditions on or adjacent to each pipeline\nright-of-way. Methods of inspection include walking, driving, flying or other\nappropriate means of traversing the right-of-way.\nEnbridge inspected the surface conditions of the Line 13 pipeline right-of-way at\nintervals that exceeded 3 weeks. Aerial patrol reports showed that the interval\nbetween the 3rd and 4th patrol in the annual sequence was not within a 3-week interval\nduring February of 2016.\n MP 0-98 – Exceedance by 2 days\n MP 98 to 251 – Exceedance by 2 days\n MP 251 to Delevan – Exceedance by 2 days\n Delevan to Streator takeoff – Exceedance by 2 days\n Streator to Manhattan – Exceedance by 3 days\n2\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022\nfor a related series of violations. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. Also, for LNG facilities, an\nadditional penalty of not more than $76,352 for each violation may be imposed. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the items identified in this letter. Failure to do so will result in\nEnbrdige being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2018-5009W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5782}