# ANR PIPELINE CO — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 320201012
- **title:** ANR PIPELINE CO — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2020-12-04
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.163(d), 192.603(b), 192.605(a), 192.609, 192.705(a), 192.735(a), 192.905(b), 192.935(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320201012.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320201012.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320201012
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320201012
**body:**

Notice of Probable Violation involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 192.163(d),  192.603(b),  192.605(a),  192.609,  192.705(a),  192.735(a),  192.905(b),  192.935(a). The case was opened on 2020-12-04 and is reported as closed as of 2021-11-04. Proposed civil penalty: $252,900. Assessed civil penalty: $252,900. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320201012_Amended NOPV PCP PCO_03122021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Amended%20NOPV%20PCP%20PCO_03122021.pdf

320201012_Amended NOPV PCP PCO_03122021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Amended%20NOPV%20PCP%20PCO_03122021_text.pdf

320201012_Closure Letter_11042021_(17-157266S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Closure%20Letter_11042021_(17-157266S).pdf

320201012_Closure Letter_11042021_(17-157266S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Closure%20Letter_11042021_(17-157266S)_text.pdf

320201012_Final Order_05122021_(17-157266S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Final%20Order_05122021_(17-157266S).pdf

320201012_Final Order_05122021_(17-157266S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Final%20Order_05122021_(17-157266S)_text.pdf

320201012_NOPV PCP PCO_12042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_NOPV%20PCP%20PCO_12042020.pdf

320201012_NOPV PCP PCO_12042020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_NOPV%20PCP%20PCO_12042020_text.pdf

320201012_Operator Request for Hearing and Preliminary Statement of Issues_02012021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_Operator%20Request%20for%20Hearing%20and%20Preliminary%20Statement%20of%20Issues_02012021.pdf

320201012_PHC Hearing Scheduled_02262021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_PHC%20Hearing%20Scheduled_02262021.pdf

320201012_PHC Hearing Scheduled_02262021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201012/320201012_PHC%20Hearing%20Scheduled_02262021_text.pdf

320201012_PHC Hearing Scheduled_02262021_text.pdf

February 26, 2021
VIA ELECTRONIC MAIL TO: kcoyle@babstcalland.com and gregory.ochs@dot.gov
Mr. Keith Coyle, Esq.
Counsel for ANR Pipeline Company
Babst Calland
505 9th Street NW, Suite 700
Washington, DC 20004
Mr. Gregory Ochs
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
901 Locust Street, Suite 480
Kansas City, MO 64106
Re: Notice of Hearing, ANR Pipeline Company
CPF No. 3-2020-1012
Dear Mr. Coyle and Mr. Ochs:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the
Pipeline and Hazardous Materials Safety Administration in the above-referenced case. The
hearing will take place on April 7, 2021, beginning at 9:00 am Eastern Time.
The hearing will be held via videoconference. I will provide the videoconference information
prior to the hearing. At least 10 calendar days prior to the hearing (or by March 28, 2021), both
parties must submit and exchange any additional written materials they intend to present at the
hearing and the name and email address of each attendee. This information should be provided
electronically. Materials not submitted by this date may be excluded.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kristin Baldwin
Presiding Official
cc: Mr. Joseph Hainline, Counsel, Office of Pipeline Safety, PHMSA
Ms. Jill Holley, Senior Legal Counsel, ANR Pipeline Company
jill_holley@tcenergy.com

320201012_Amended NOPV PCP PCO_03122021_text.pdf

AMENDED NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
VIA ELECTRONIC MAIL TO: stanley chapman iii@tcenergy.com ,
wendy_west@tcenergy.com , erik_hughes@tcenergy.com , and
lee_romack@tcenergy.com
March 12, 2021
Stanley Chapman
Executive VP and President US Natural Gas Pipelines
TC Energy - ANR
700 Louisiana Street
Suite 700
Houston, TX 77002
stanley_chapman_iii@tcenergy.com
CPF 3-2020-1012
Dear Mr. Chapman:
From April 17, 2018 to August 24, 2018, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter
601 of 49 United States Code (U.S.C.) inspected ANR Pipeline Company’s (ANR) records and
natural gas facilities in Wisconsin, and Illinois, in Waukesha and Kankakee Areas of the
Heartland Region along with records in Houston, Texas.
Additionally, from December 3, 2018 through June 7, 2019, OPS representatives inspected
ANR’s records and natural gas facilities in the St. Joseph and Dodge City Areas in the Heartland
Region of Oklahoma, Kansas, Missouri, and Iowa, as well as ANR’s records in Omaha,
Nebraska and Houston, Texas.



As a result of these inspections, it is alleged that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected
and the probable violations are:
1. § 192.163 Compressor stations: Design and construction.
(a) .…
(d) Fenced areas. Each fence around a compressor station must have at least two
gates located so as to provide a convenient opportunity for escape to a place of
safety, or have other facilities affording a similarly convenient exit from the area.
Each gate located within 200 feet (61 meters) of any compressor plant building must
open outward and, when occupied, must be openable from the inside without a key.
ANR failed to ensure that each gate within 200 feet of a compressor plant building was
openable from the inside without a key when occupied. PHMSA’s inspectors discovered
during the inspection that the fence around the Marshfield compressor station in the
Waukesha Area had a locked man gate within the main roller gate that was not openable
from the inside without a key. The main roller gate was located within 200 feet of a
compressor plant building. In subsequent discussions, ANR stated that it has corrected
the non-compliance.
2. § 192.603 General provisions.
(a) .…
(b) Each operator shall keep records necessary to administer the procedures
established under § 192.605.
ANR failed to maintain records for maintenance and construction projects on its
Heartland pipeline system as required by § 192.603(b). During a teleconference with
ANR on January 9, 2019, PHMSA inquired about instances of reconfiguration of any
pipeline segments within the past five years. ANR informed PHMSA on February 20,
2019 during a follow-up teleconference of specific activities in Iowa concerning a project
that was described as having pipe reconfiguration in 2014. PHMSA confirmed the
request for these records during the headquarters inspection on April 11, 2019, and
followed up by sending a formal Request For Specific Information (RFSI) on April 29.
Although ANR did not provide the requested records within 30 days as required by the
RFSI, ANR did respond after the 30 days by electronically submitting a short description
of the project, but no actual records, as required under § 192.603(b).
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3. § 192.605 Procedure manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual of
written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed and
updated by the operator at intervals not exceeding 15 months, but at least once each
calendar year. This manual must be prepared before operations of a pipeline
system commence. Appropriate parts of the manual must be kept at locations
where operations and maintenance activities are conducted.
ANR failed to prepare and follow a procedure for defining rate of pressure drop (RoPD)
line-break devices at the time of the inspection. Upon questioning, ANR confirmed that
it did not have a procedure in place at the time of the inspection for this activity. ANR
has since updated its procedures to correct this noncompliance.
4. § 192.609 Change in class location: Required study.
Whenever an increase in population density indicates a change in class location for a
segment of an existing steel pipeline operating at a hoop stress that is more than 40
percent of SMYS, or indicates that the hoop stress corresponding to the established
maximum allowable operating pressure for a segment of existing pipeline is not
commensurate with the present class location, the operator shall immediately make
a study to determine;
(a) The present class location for the segment involved.
(b) The design, construction, and testing procedures followed in the original
construction, and a comparison of these procedures with those required for the
present class location by the applicable provisions of this part.
(c) The physical condition of the segment to the extent it can be ascertained from
available records;
(d) The operating and maintenance history of the segment;
(e) The maximum actual operating pressure and the corresponding operating hoop
stress, taking pressure gradient into account, for the segment of pipeline involved;
and,
(f) The actual area affected by the population density increase, and physical
barriers or other factors which may limit further expansion of the more densely
populated area.
ANR failed to immediately make studies to determine the present class locations of the
301, 1-301, 2-301, 100, and the 1-100 pipeline segments in the Kankakee and Waukesha
Areas, when increases in population density occurred along the existing steel pipelines
operating at a hoop stress of more than 40 percent of the specified minimum yield
strength (SMYS).
3



Class locations are defined by § 192.5, and include areas such as playgrounds and
campgrounds. Specifically, a Class 3 locations is defined, in relevant part as follows:
“[a]n area where the pipeline lies within 100 yards (91 meters) of either a building or a
small, well-defined outside area (such as a playground, recreation center, outdoor theater,
or other place of public assembly) that is occupied by 20 or more persons on at least 5
days a week for 10 weeks in any 12-month period. (The days and months need not be
consecutive.)”
On August 22, 2018, ANR provided a document to PHMSA titled “Identified Sites,
Proximity Sites/HCA, Class Location Determination Request For Information –
Prefacing Commentary” that identified that the Timber Campground (Campground) and
the playground north of the Gary D. Wright Elementary School met the criteria for Class
3 locations. The studies were not completed until April 2017, despite evidence of
population density changes indicating a change in class location occurring as early as
2010 and continuing each year thereafter.
Timber Campground
The Timberland Campground was originally built in the 1960s and expanded to its
current configuration in 2011. The owner of the campground confirmed with ANR in
April 2017 that the Campground had over 100 campsites and saw significant seasonal
usage from April to October. Prior to 2017, the Campground was classified as a Class 1
location, however, on April 26, 2017, ANR completed the required study and identified
the Campground as a “New Proximity Site” that met the Class 3 location criteria. The
known seasonal usage of the campground between April and October since at least 2010
through April 2017 required ANR to complete a class location study in this area prior to
its April 2017 study. ANR acknowledged during the inspection that there was an issue
with their process in identifying campgrounds as warranting a change in class location
and that the problem has been addressed by use of a different contractor to perform the
requisite population density analysis and subsequent class location studies, if applicable.
Playground North of the Gary D. Wright Elementary School
In early 2017, after a review of construction plans for an expansion of the Gary D. Wright
Elementary School, ANR noted that there was a playground north of the school, despite
the fact that the playground had been present in that location since 2010. Similar to the
campground, there was evidence of a possible change in population density due to the
presence of the playground since at least 2010 that indicated a possible change in class
location. Notwithstanding the presence of this playground since 2010, ANR did not
complete the requisite class location study until April 19, 2017, the result of which was to
confirm that the playground met the criteria for a Class 3 location.
ANR’s document demonstrated that ANR failed to immediately make studies to
determine the class locations for segments located in the areas of the Gary D. Wright
Elementary School playground and the Timber Campground prior to April 2017 when
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there was evidence of an increase in population density that indicated a change in class
location.
5. § 192.705 Transmission lines: Patrolling.
(a) Each operator shall have a patrol program to observe surface conditions on and
adjacent to the transmission line right-of-way for indications of leaks, construction
activity, and other factors affecting safety and operation.
ANR failed to observe surface conditions over its right-of-way when conducting aerial
patrols of its Heartland pipeline system. During the field inspection PHMSA observed
overgrown areas of trees and brush obscuring the aerial view of the right-of-way in 23
locations. No ground patrols were conducted at these locations.
Locations observed in the Flint Hills and Tri State Areas:
1. 2. Approximately 1000 feet of tree cover southwest of Wreford, Kansas (MP 304)
Approximately 150 feet of dense overgrowth on the south side of Marysville,
Missouri Meter Station (MP 351)
3. Approximately 250 feet of overgrowth on the Burlington Lateral right-of way on
the north side of the Western Pines, Iowa Mobile Home Park HCA area.
4. Approximately 1,900 feet of tree cover over the main line east of the Middletown,
Iowa Meter Station
Locations observed in the Kankakee and Waukesha Areas:
5. Overgrown brush on the 100 and 1-100 pipelines near the Fox River crossing in
Illinois (MP 796.81)
6. Tree cover over the exposed segment of the 2-301 pipeline in Little Rock Creek in
Illinois (MP 1.6)
7. Overgrown brush on the 237 pipeline, west of the intersection of S County Line
Road and Hansen Road on the Oneida Reservation in Wisconsin
8. Tree cover over the 226 pipeline, near County Roads T&V in Wisconsin
9. Tree cover over the 226 pipeline, west of MLV 5 (MP 34.2) in Wisconsin.
10. Tree cover over the 226 pipeline, west of the Appleton Meter Station in
Wisconsin (MP 92)
11. Tree cover over the 226 pipeline, northeast of the Appleton Meter Station in
Wisconsin (MP 92)
12. Tree cover over the 366 pipeline, east of the Mosinee Meter Station (MP 2.83) in
Wisconsin
13. Tree cover over the 366 pipeline, north of the Mosinee Tap (MP 12.54)
14. Tree cover over the 227 pipeline, west of Geulig Road in Wisconsin
15. Tree cover over the exposed 257 pipeline in the Eau Claire River (MP 19.1)
16. Tree cover over the 227 pipeline, north of the Oconto River in Wisconsin (MP
52.7)
17. Overgrown brush on the 227 pipeline, west of King’s Buffet in Marinette,
Wisconsin
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18. Tree cover over the 285 pipeline, west of CR EE in Wisconsin (MP 73)
19. Tree cover the 301, 1-301, and the 2-301 pipelines, south of Tan Road in
Wisconsin (MP 97)
20. Tree cover the 301 and1-301 pipelines from Mill Road to Good Hope Road in
Wisconsin (MP 112 to MP 113)
21. Overgrown brush on the 301 and 1-301 pipelines near the Community Memorial
Hospital Garden (MP 114)
22. Tree cover over the 207 pipeline, west of the Jackson Meter Station in Wisconsin
23. Tree cover over the Milwaukee River crossings of the 301, 1-301, and the 2-301
pipelines in Wisconsin (MP 147)
6. § 192.735 Compressor stations: Storage of combustible materials.
(a) Flammable or combustible materials in quantities beyond those required for
everyday use, or other than those normally used in compressor buildings, must be
stored a safe distance from the compressor building.
ANR failed to store flammable or combustible materials in quantities beyond those
required for everyday use at a safe distance from the compressor buildings in the
Kankakee and the Waukesha Areas.
7. During the field inspections, PHMSA observed the storage of flammable or combustible
materials, such as numerous cardboard boxes, wood boxes, and wood pallets, in the
Kewaskum, Janesville, and Weyauwega Compressor Station buildings and a large
quantity in the valve building in the Mount Compressor Station. Additionally, during the
field inspection of the New Windsor Compressor Station, PHMSA observed that the
materials used to overhaul a compressor unit were stored in cardboard boxes and wooden
crates in the compressor building.
After PHMSA’s inspection ANR provided a written response on December 21, 2018,
stating: “All of the combustible materials have been removed from the compressor
buildings,” and provided pictures of the Kewaskum Compressor Building and the
Mountain Valve Room showing that combustible materials were cleared.
§ 192.905 How does an operator identify a high consequence area?
(a) . . . .
(b)(1) Identified sites. An operator must identify an identified site, for purposes of
this subpart, from information the operator has obtained from routine operation
and maintenance activities and from public officials with safety or emergency
response or planning responsibilities who indicate to the operator that they know of
locations that meet the identified site criteria. These public officials could include
officials on a local emergency planning commission or relevant Native American
tribal officials.
6



ANR failed to identify two “identified sites” along its pipeline segment in regard to high
consequence areas (HCAs) and the implementation of its integrity management plan
(IMP). During the records inspection of the Kankakee and Waukesha Areas, ANR
provided a written memo that identified the Timber Campground and the playground
north of the Gary D. Wright Elementary School as newly “identified sites.” These
locations were identified as “identified sites” in 2017 even though they were present at
least five years prior. This probable violation is a repeat of the same Code section that
was violated in CPF # 3-2018-1001, Item #1.
Timber Campground
ANR failed to identify the Timber Campground (Campground) near the exposed pipeline
on the 1-100/100 pipeline segments as an “identified site.”
Prior to 2017, the Campground was classified as a non-HCA. During OPS’ inspection of
ANR’s IMP records, ANR provided a memo that noted that they had inspected an
exposed pipeline near the Campground on October 17, 2016, but had not identified the
Campground as an “identified site.” It was not until 2017 when ANR discovered that the
Campground was an “identified site” from conducting a population density survey. On
August 22, 2018, during the same OPS inspection, ANR provided a memo titled,
“Identified Sites, Proximity Sites/HCA, Class Location Determination Request For
Information – Prefacing Commentary.” In this document, ANR indicated that the
Campground occupancy and frequency of usage were updated during the 2017
population density survey. In addition, ANR noted in the document, that the
Campground was built in the 1960s and that it had over 100 campsites and saw
significant seasonal usage from April to October. ANR also stated during the inspection
that the Campground owner confirmed the occupancy of the Campground in April 2017.
As a result, ANR identified the Campground as an “identified site” on April 26,
2017. ANR acknowledged during the inspection that there has been an issue with their
process in identifying campgrounds as “identified sites.”
Playground North of the Gary D. Wright Elementary School
ANR failed to identify the playground north of the Gary D. Wright Elementary School,
near the 301, 1-301, and 2-301 pipeline segments as an “identified site.” ANR identified
the Gary D. Wright Elementary School as an identified site on September 6, 2007. Prior
to 2017, only the Gary D. Wright Elementary School was used for HCA identification,
however, in early 2017, ANR discovered that the playground was an “identified site”
after a review of construction plans for an expansion to the elementary school. During its
review, ANR confirmed that the playground was constructed in 2010 and therefore met
the criteria for an “identified site” at that time. However, ANR did not identify the
playground as an “identified site” until April 19, 2017. The Playground extended three
existing HCAs.
7



8. ANR provided a document during the inspection entitled “Identified Sites, Proximity
Sites/HCA, Class Location Determination Request For Information – Prefacing
Commentary” that acknowledged that ANR had failed to identify these two (2)
“identified sites” in accordance with §192.905(b)(1) until well after the construction of
the Gary D. Wright Elementary School playground in 2010 and the establishment of the
Timber Campground by the latest ownership in 2011.
§ 192.935 What additional preventive and mitigative measures must an operator
take?
(a) General requirements. An operator must take additional measures beyond those
already required by Part 192 to prevent a pipeline failure and to mitigate the
consequences of a pipeline failure in a high consequence area. An operator must
base the additional measures on the threats the operator has identified to each
pipeline segment. (See § 192.917) An operator must conduct, in accordance with
one of the risk assessment approaches in ASME/ANSI B31.8S (incorporated by
reference, see § 192.7), section 5, a risk analysis of its pipeline to identify additional
measures to protect the high consequence area and enhance public safety. Such
additional measures include, but are not limited to, installing Automatic Shut-off
Valves or Remote Control Valves, installing computerized monitoring and leak
detection systems, replacing pipe segments with pipe of heavier wall thickness,
providing additional training to personnel on response procedures, conducting drills
with local emergency responders and implementing additional inspection and
maintenance programs.
ANR failed to consider additional measures to prevent a pipeline failure and to mitigate
the consequences of a pipeline failure in a HCA. ANR determined that installing
Automatic Shut-off Valves (ASV) or Remote Control Valves (RCV) would not be an
efficient means of adding protection to an HCA in the event of a gas release, but did not
undertake a compliant analysis to arrive at this determination. The regulation required
ANR to determine, through a risk analysis, if additional measures, such as ASVs or
RCVs would provide additional measures to protect HCAs.
The factors to be considered in the analysis required by the regulation for installation of
ASVs or RCVs to protect HCAs in the event of a gas release is set forth in § 192.935(c),
which provides as follows: “[i]f an operator determines based on a risk analysis, that an
ASV or RCV would be an efficient means of adding protection to a high consequence
area in the event of a gas releases, an operator must install the ASV or RCV. In making
that determination, an operator must, at least, consider the following factors – swiftness
of leak detection and pipe shutdown capabilities, the type of gas being transported,
operating pressure, the rate of potential release, pipeline profile, the potential for ignition,
and location of nearest response personnel.”
PHMSA’s integrity management record inspection found that ANR failed to consider the
following factors - swiftness of leak detection and pipe shutdown capabilities, the type of
8



gas being transported, operating pressure, the rate of potential release, pipeline profile,
the potential for ignition, and location of nearest response personnel, in determining if an
ACV or RSV was an efficient means of protection to 108 HCAs in the Kankakee and
Waukesha Areas.
Instead, ANR determined that neither ASVs nor RCVs were an efficient means of adding
protection to its HCAs solely on the basis that the pipeline diameter was smaller than 12
inches and did not consider any additional factors. By ANR failing to consider the
additional factors listed in the regulation, AN failed to comply with the requirements of
§ 192.935(a).
Proposed Civil Penalty
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a
related series of violations. For violation occurring on or after July 31, 2019 and before January
11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation
persists, up to a maximum of $2,186,465 for a related series of violations. For violation
occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may
not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.
For violation occurring on or after November 2, 2015 and before November 27, 2018, the
maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not
to exceed $2,090,022. We have reviewed the circumstances and supporting documentation
involved for the above probable violation(s) and has recommended that you be preliminarily
assessed a civil penalty of $252,900 as follows:
Item number
PENALTY
3
4
$ 46,600
$ 20,600
6
7
$ 56,300
$ 65,500
8
$ 63,900
Proposed Compliance Order
With respect to items 1 and 5 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous
Materials Safety Administration proposes to issue a Compliance Order to ANR Pipeline
Company. Please refer to the Proposed Compliance Order, which is enclosed and made a part of
this Notice.
9



Warning Item
With respect to item 2 we have reviewed the circumstances and supporting documents involved
in this case and have decided not to conduct additional enforcement action or penalty assessment
proceedings at this time. We advise you to promptly correct this item. Failure to do so may
result in additional enforcement action.
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators
in Compliance Proceedings. Please refer to this document and note the response options. All
material you submit in response to this enforcement action may be made publicly available. If
you believe that any portion of your responsive material qualifies for confidential treatment
under 5 U.S.C. 552(b), along with the complete original document you must provide a second
copy of the document with the portions you believe qualify for confidential treatment redacted
and an explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. 552(b).
Following the receipt of this Notice, you have 30 days to submit written comments, or request a
hearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this Notice,
this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the
Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further
notice to you and to issue a Final Order. If you are responding to this Notice, we propose that
you submit your correspondence to my office within 30 days from receipt of this Notice. This
period may be extended by written request for good cause.
In your correspondence on this matter, please refer to CPF 3-2020-1012 and, for each document
you submit, please provide a copy in electronic format whenever possible.
Sincerely,
Gregory A. Ochs
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Enforcement Proceedings
Copy: Wendy West, VP Safety & Quality & Compliance, 450 – 1st Street SW
Calgary Alberta Canada, T2P 5H1, wendy_west@tcenergy.com
Erik Hughes, US Director of Compliance, TC Energy, erik hughes@tcenergy.com
10



Lee Romack, US Director of Compliance, TC Energy, lee_romack@tcenergy.com
Keith Coyle, Outside Counsel, TC Energy, KCoyle@babstcalland.com
11



PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) proposes to issue to ANR Pipeline Company (ANR) a Compliance
Order incorporating the following remedial requirements to ensure the compliance of ANR with
the pipeline safety regulations:
1. 2. 3. Regarding Item 1 of the Notice pertaining to fences at compressor stations having
at least two gates openable from the inside without a key, ANR must:
i. Within 90 days of receipt of the Final Order, provide evidence to the
Director, Central Region, that ANR corrected the fencing at the
Marshfield compressor station so that at least two gates are openable
from the inside without a key.
Regarding Item Number 5 of the Notice pertaining to right-of-way patrolling,
ANR must:
i. ii. iii. Within 60 days of receipt of the Final Order, survey the right-of-way
of the 23 locations identified in the Notice for surface conditions that
obstruct observation by means of aerial patrol.
Within 90 days of receipt of the Final Order, complete patrols of all
locations identified in the Notice using means appropriate to the
surface conditions.
Within 120 days of receipt of the Final Order, furnish to the Director,
Central Region, a report summarizing the results of i and ii, above.
It is requested (not mandated) that ANR Pipeline Company maintain
documentation of the safety improvement costs associated with fulfilling this
Compliance Order and submit the total to Allan Beshore, Director, Central
Region, Pipeline and Hazardous Materials Safety Administration. It is requested
that these costs be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost
associated with replacements, additions and other changes to pipeline
infrastructure.
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320201012_Final Order_05122021_(17-157266S)_text.pdf

May 12, 2021
VIA ELECTRONIC MAIL TO: francois poirier@tcenergy.com
Mr. Francois Poirier
President and Chief Executive Officer
TC Energy Corporation
450 1st Street SW
Calgary, Alberta T2P 5H1
Re: CPF No. 3-2020-1012
Dear Mr. Poirer:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, assesses a civil penalty of $252,900, and specifies actions that need to be taken to
comply with the pipeline safety regulations. When the civil penalty has been paid and the terms
of the compliance order are completed, as determined by the Director, Central Region, this
enforcement action will be closed. Service of the Final Order by electronic mail is effective
upon the date of transmission as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures (Final Order and NOPV)
cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA
Mr. Stanley Chapman III, Executive Vice President and President, U.S. Natural Gas
Pipelines, TC Energy, stanley_chapman_iii@tcenergy.com
Mr. Lee Romack, Director, U.S. Regulatory Compliance, TC Energy,
lee_romack@tcenergy.com
Ms. Wendy West, Vice President, Safety, Quality & Compliance, TC Energy,
wendy_west@tcenergy.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
ANR Pipeline Company, ) CPF No. 3-2020-1012
a subsidiary of TC Energy Corp., )
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On March 12, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of
Pipeline Safety (OPS), issued an Amended Notice of Probable Violation (Notice) to ANR
Pipeline Company (Respondent).1 The Notice proposed finding that Respondent had violated
the pipeline safety regulations in 49 C.F.R. Part 192 and proposed a civil penalty of $252,900.
The Notice also proposed certain measures to correct the violations. Respondent did not contest
the allegations of violation, corrective measures, or proposed civil penalty.
Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the
pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is
incorporated by reference:
49 C.F.R. § 192.163(d) (Item 1) ─ Respondent failed to have a gate located
within 200 feet (61 meters) of any compressor plant building that opened outward
and, when occupied, was openable from the inside without a key;
49 C.F.R. § 192.603(b) (Item 2) ─ Respondent failed to keep records necessary to
administer the procedures established under § 192.605;
49 C.F.R. § 192.605(a) (Item 3) ─ Respondent failed to prepare and follow for
each pipeline, a manual of written procedures for conducting operations and
maintenance activities and for emergency response;
49 C.F.R. § 192.609(a)-(f) (Item 4) ─ Respondent failed to immediately make a
study to determine the present class location for the segment involved; the design,
construction, and testing procedures followed in the original construction, and a
comparison of these procedures with those required for the present class location
by the applicable provisions of Part 192; the physical condition of the segment to
1 ANR Pipeline Company is a wholly-owned subsidiary of TC Energy Corporation.



CPF No. 3-2020-1012
Page 2
the extent it can be ascertained from available records; the operating and
maintenance history of the segment; the maximum actual operating pressure and
the corresponding operating hoop stress, taking pressure gradient into account, for
the segment of pipeline involved; and the actual area affected by the population
density increase, and physical barriers or other factors which may limit further
expansion of the more densely populated area, whenever an increase in population
density indicates a change in class location for a segment of an existing steel
pipeline operating at hoop stress that is more than 40 percent of SMYS, or
indicates that the hoop stress corresponding to the established maximum
allowable operating pressure for a segment of existing pipeline is not
commensurate with the present class location;
49 C.F.R. § 192.705(a) (Item 5) ─ Respondent failed to have a patrol program to
observe surface conditions on and adjacent to the transmission line right-of-way
for indications of leaks, construction activity, and other factors affecting safety
and operation;
49 C.F.R. § 192.735(a) (Item 6) ─ Respondent failed to store flammable or
combustible materials in quantities beyond those required for everyday use, or
other than those normally used in compressor buildings, a safe distance from the
compressor building;
49 C.F.R. § 192.905(b)(1) (Item 7) ─ Respondent failed to identify an identified
site, for purposes of subpart O, from information the operator has obtained from
routine operation and maintenance activities and from public officials with safety
or emergency response or planning responsibilities who indicate to the operator
that they know of locations that meet the identified site criteria; and
49 C.F.R. § 192.935(a) (Item 8) ─ Respondent failed to conduct, in accordance
with one of the risk assessment approaches in ASME/ANSI B31.8S (incorporated
by reference, see § 192.7), section 5, a risk analysis of its pipeline to identify
additional measures to protect the high consequence area and enhance public
safety.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a
total civil penalty of $252,900.
Payment of the civil penalty must be made within 20 days of service. Federal regulations (49
C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.
The Financial Operations Division telephone number is (405) 954-8845.



CPF No. 3-2020-1012
Page 3
Failure to pay the $252,900 civil penalty will result in accrual of interest at the current annual
rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
COMPLIANCE ACTIONS
Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
actions proposed in the enclosed Notice to correct the violations. The Director may grant an
extension of time to comply with any of the required items upon a written request timely
submitted by the Respondent and demonstrating good cause for an extension. Upon completion
of ordered actions, Respondent may request that the Director close the case. Failure to comply
with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in
referral to the Attorney General for appropriate relief in a district court of the United States.
The terms and conditions of this order are effective upon service in accordance with 49 C.F.R.
§ 190.5.
May 12, 2021
___________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

320201012_Closure Letter_11042021_(17-157266S)_text.pdf

VIA ELECTRONIC MAIL TO: Stanley_Chapman_iii@tcenergy.com,
Wendy_West@tcenergy.com, Erik_Hughes@tcenergy.com, and Lee_Romack@tcenergy.com
November 4, 2021
Stanley Chapman
Executive VP and President US Natural Gas Pipelines
TC Energy - ANR
700 Louisiana Street
Suite 700
Houston, TX 77002
stanley_chapman_iii@tcenergy.com
Re: CPF 3-2020-1012
Dear Mr. Chapman:
On May 12, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued
to TC Energy Corporation a Final Order in the above-referenced case. This Order included a
Compliance Order and Civil Penalty assessment. Based on our review of the documentation you
provided and confirmation of payment of the civil penalty, it has been determined that you have
complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Gregory A. Ochs
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
Copy: Wendy West, VP Safety & Quality & Compliance, 450 – 1st Street SW
Calgary Alberta Canada, T2P 5H1, wendy_west@tcenergy.com

320201012_NOPV PCP PCO_12042020_text.pdf

NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
VIA ELECTRONIC MAIL TO: stanley chapman iii@tcenergy.com ,
wendy_west@tcenergy.com , erik_hughes@tcenergy.com , and
lee_romack@tcenergy.com
Decem
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