{"operation":"document","citation":"CPF 32021084WL","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":"2021-12-03","effective_on":null,"summary":"CLOSED warning letter citing 195.581(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021084wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021084wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021084wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021084WL","body":"Warning Letter involving ENBRIDGE PIPELINES (SOUTHERN LIGHTS) L.L.C.. PHMSA's enforcement data identifies the cited regulation as 195.581(a). The case was opened on 2021-12-03 and is reported as closed as of 2021-12-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021084WL_Warning Letter_12032021_(20-172199).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021084WL/32021084WL_Warning%20Letter_12032021_(20-172199).pdf\n\n32021084WL_Warning Letter_12032021_(20-172199)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021084WL/32021084WL_Warning%20Letter_12032021_(20-172199)_text.pdf\n\n32021084WL_Warning Letter_12032021_(20-172199)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: david.stafford@enbridge.com\nmichael.koby@enbridge.com and\nDecember 3, 2021\nMichael Koby\nVice President, US Operations\nEnbridge Energy, LP\n5400 Westheimer Ct.\nHouston, TX 77056\nCPF 3-2021-084-WL\nDear Mr. Koby:\nFrom March 16, 2020 through October 6, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Enbridge Energy LP’s (Enbridge) North\nDakota, Southern Lights, and Express system assets and records in North Dakota, Wisconsin,\nMinnesota, Montana, and Wyoming.\nAs a result of the inspection, it appears that Enbridge has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is as follows:\n1. § 195.581 Which pipelines must I protect against atmospheric corrosion and what\ncoating material may I use?\n(a) You must clean and coat each pipeline or portion of pipeline that is exposed to\nthe atmosphere, except pipelines under paragraph (c) of the section.\n\n\n\nAs observed during the field audit, Enbridge failed to coat the weld fitting used for injection of\nfriction reducing chemical. The weld is located at the discharge of the pump building on the\nSouthern Lights System at the Superior Terminal.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nDakota Midstream being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\n3-2021-084-WL. Be advised that all material you submit in response to this enforcement action\nis subject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Dave Stafford, Manager, US Pipeline Compliance, 119 N. 25th Street East,\nSuperior, WI 54880, david.stafford@enbridge.com","truncated":false,"body_characters":4197}