TC OIL PIPELINE OPERATIONS INC — Notice of Probable Violation

320205003_Closure Letter_01112021_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: bevin_wirzba@tcenergy.com , lee_romack@tcenergy.com , wendy_west@tcenergy.com and erik_hughes@tcenergy.com January 11, 2021 Mr. Bevin Wirzba Executive Vice President and President, Liquid Pipelines TC Oil Operations, Inc. 450 1st Street, S.W. Calgary, Alberta, Canada, T2P 5H1 RE: CPF 3-2020-5003 Dear Mr. Wirzba: On November 6, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to TC Oil Operations, Inc.a Final Order in the above-referenced case. This Order included a Compliance Order and Civil Penalty. Based on our review of the documentation you provided and our collections information repository, it has been determined that you have complied with the terms of this Order and made payment of the penalty amount. 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 Pipeline and Hazardous Materials Safety Administration Cc: Mr. Lee Romack, Director, Pipelines Regulatory Compliance, TC Energy Corporation, lee_romack@tcenergy.com, Ms. Wendy West, Vice President, Safety, Quality & Compliance, TC Energy Corporation wendy_west@tcenergy.com , Mr. Erik Hughes Pipelines Regulatory Compliance erik hughes@tcenergy.com#

320205003_Final Order_11062020_text.pdf, page 1Official PDFNovember 6, 2020 VIA ELECTRONIC MAILTO: bevin wirzba@tcenergy.com Mr. Bevin Wirzba Executive Vice President and President, Liquids Pipelines TC Oil Pipeline Operations, Inc. 450 1st Street, S.W. Calgary, Alberta, Canada, T2P 5H1 Re: CPF No. 3-2020-5003 Dear Mr. Wirzba: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation, assesses a civil penalty of $170,300, 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. Lee Romack, Director, Pipelines Regulatory Compliance, TC Energy Corporation, lee_romack@tcenergy.com Ms. Wendy West, Vice President, Safety, Quality & Compliance, TC Energy Corporation, wendy_west@tcenergy.com CONFIRMATION OF RECEIPT REQUESTED#

320205003_Final Order_11062020_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 _____________________________________ In the Matter of ) TC Oil Pipeline Operations, Inc., ) CPF No. 3-2020-5003 a subsidiary of TC Energy Corporation, ) ) ) ) Respondent. ) _____________________________________) FINAL ORDER On March 11, 2020, pursuant to 49 C.F.R. §§ 190.207 and 190.341, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to TC Oil Pipeline Operations, Inc. (Respondent). The Notice proposed finding that Respondent had violated Condition 40 of the April 30, 2007 special permit granted to TransCanada Keystone Pipeline, LP, and TC Oil Operations, Inc., (docket number PHMSA-2006-26617) and proposed a civil penalty of $170,300. The Notice also proposed certain measures to correct the violation. Respondent did not contest the allegation 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: Special Permit Condition 40 (Item 1) ─ Respondent failed to employ line-of-sight markers on the pipeline in the special permit area, except in agricultural areas or large water crossings such as lakes where line of sight markers are impractical. This finding of violation will be considered a prior offense 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 $170,300. 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.#

320205003_Final Order_11062020_text.pdf, page 3CPF No. 3-2020-5003 Page 2 The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $170,300 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 violation. 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. November 6, 2020 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

320205003_NOPV PCP PCO_03112020_text.pdf, page 1Official PDFNOTICE OF PROBABLE VIOLATION PROPOSED CIVIL PENALTY and PROPOSED COMPLIANCE ORDER CERTIFIED MAIL – RETURN RECEIPT REQUESTED March 11, 2020 Mr. Paul Miller Executive-Vice President/President, Liquids Pipelines TC Oil Operations, Inc. 450 1st Street, S.W. Calgary, Alberta, Canada T2P 5H1 CPF 3-2020-5003 Dear Mr. Miller: On November 17, 2006, pursuant to 49 United States Code (U.S.C.) § 60118(c) and 49 Code of Federal Regulations (CFR) § 190.341, Transcanada Keystone Pipeline, LP filed a special permit request with the Pipeline & Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), for a waiver from certain provisions of 49 CFR § 195. PHMSA issues special permits to pipeline operators if the agency determines that a waiver of a particular regulation or standard is not inconsistent with pipeline safety. On April 30, 2007, PHMSA issued an order granting Transcanada Keystone Pipeline, LP/TC Oil Operations Inc, Inc. a special permit with certain conditions and limitations (Order). See PHMSA 2006-26617. From January 8, 2018 to April 27, 2018, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 U.S.C., inspected the pipeline facilities of TC Oil Operations, Inc. to confirm the company’s compliance with the Order. As a result of the inspection, it is alleged that TC Oil Operations, Inc. has committed a probable violation of the Order. As stated in 49 CFR § 190.203(f), when information obtained from an inspection indicates that further OPS action is warranted, OPS may initiate one or more enforcement proceedings prescribed in §§ 190.207 through 190.235.#

320205003_NOPV PCP PCO_03112020_text.pdf, page 2The items inspected and the probable violation(s) are: 1. Condition 40 Pipeline Markers: Keystone must employ line-of-sight markings on the pipeline in the special permit area except in agricultural areas or large water crossings such as lakes where line of sight markers are impractical. The marking of pipelines is also subject to Federal Energy Regulatory Commission orders or environmental permits and local restrictions. Additional markers must be placed along the pipeline in areas where the pipeline is buried less than 42 inches. TC Oil Operations, Inc. failed to comply with Condition 40 of the Special Permit order. Condition 40 required TC Oil Operations, Inc. to employ line of sight markers in the special permit area. Upon inspection there were 20 instances of missing line of sight markers in the special permit area. Proposed Civil Penalty Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to 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. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of violations. The Compliance Officer has reviewed the circumstances and supporting documentation involved in the above probable violation and has recommended that you be preliminarily assessed a civil penalty of $170,300 as follows: Item number PENALTY 1 $170,300 Proposed Compliance Order With respect to item 1 pursuant to 49 U.S.C. § 60118(b), the Pipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order to TC Oil Operations, Inc. Please refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice. 2#

320205003_NOPV PCP PCO_03112020_text.pdf, page 3Response 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 320205003 and for each document you submit, please provide a copy in electronic format whenever possible. Right to Modify, Suspend, or Revoke a Special Permit Issuance of this enforcement action does not preclude PHMSA’s authority to seek modification, suspension or revocation of the special permit issued under PHMSA 2006- 26617 at any time, as provided in 49 CFR § 190.341(h)(1).(v). If such action is taken, PHMSA will provide TC Oil Operations, Inc. with the opportunity to show cause why the proposed action should not be taken. Sincerely, Allan Beshore Director, Central Region Pipeline and Hazardous Materials Safety Administration Enclosure: Proposed Compliance Order Response Options for Pipeline Operators in Compliance Proceedings 3#

320205003_NOPV PCP PCO_03112020_text.pdf, page 4PROPOSED COMPLIANCE ORDER Pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to issue to TC Oil Operations, Inc a Compliance Order incorporating the following remedial requirements to ensure compliance with the Special Permit Order issued on April 30, 2007 1. With respect to Item Number 1 of the Notice, TC Oil Operations, Inc. shall develop a written plan to install line-of-sight markers along its pipeline in the special permit area as required by item 40 of the Special Permit. This plan shall take into account a reasonable distance interval and contrasting color from surroundings so that it can be readily identified with the naked eye. TC Oil Operations, Inc. shall provide a record of the location of required signs and date of installation. within 180 days of receipt of the Final Order or PHMSA may issue a show cause letter modifying, revoking, or suspending the Special Permit issued under PHMSA 2006-26617. 2. Submit the results of the Proposed Compliance Order Items above to Allan Beshore, Director, Central Region within 180 days of receipt of the Final Order. 4#