# ENBRIDGE PIPELINES (SOUTHERN LIGHTS) L.L.C. — Warning Letter - **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:** Not available - **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. Official case documents: 32021084WL_Warning Letter_12032021_(20-172199).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021084WL/32021084WL_Warning%20Letter_12032021_(20-172199).pdf 32021084WL_Warning Letter_12032021_(20-172199)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021084WL/32021084WL_Warning%20Letter_12032021_(20-172199)_text.pdf 32021084WL_Warning Letter_12032021_(20-172199)_text.pdf WARNING LETTER VIA ELECTRONIC MAIL TO: david.stafford@enbridge.com michael.koby@enbridge.com and December 3, 2021 Michael Koby Vice President, US Operations Enbridge Energy, LP 5400 Westheimer Ct. Houston, TX 77056 CPF 3-2021-084-WL Dear Mr. Koby: From March 16, 2020 through October 6, 2020, 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 Enbridge Energy LP’s (Enbridge) North Dakota, Southern Lights, and Express system assets and records in North Dakota, Wisconsin, Minnesota, Montana, and Wyoming. As a result of the inspection, it appears that Enbridge has committed a probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violation is as follows: 1. § 195.581 Which pipelines must I protect against atmospheric corrosion and what coating material may I use? (a) You must clean and coat each pipeline or portion of pipeline that is exposed to the atmosphere, except pipelines under paragraph (c) of the section. As observed during the field audit, Enbridge failed to coat the weld fitting used for injection of friction reducing chemical. The weld is located at the discharge of the pump building on the Southern Lights System at the Superior Terminal. 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 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 correct the item(s) identified in this letter. Failure to do so will result in Dakota Midstream being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, in your correspondence please refer to 3-2021-084-WL. Be advised that all material you submit in response to this enforcement action is subject to being 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). Sincerely, Gregory A. Ochs Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration cc: Dave Stafford, Manager, US Pipeline Compliance, 119 N. 25th Street East, Superior, WI 54880, david.stafford@enbridge.com - **truncated:** false - **body characters:** 4197