{"operation":"document","citation":"CPF 32022015NOA","title":"ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-07","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022015noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022015noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32022015noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32022015NOA","body":"Notice of Amendment involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2022-01-07 and is reported as closed as of 2022-04-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32022015NOA_Closure Letter_03282022_(20-187013).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022015NOA/32022015NOA_Closure%20Letter_03282022_(20-187013).pdf\n\n32022015NOA_Closure Letter_03282022_(20-187013)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022015NOA/32022015NOA_Closure%20Letter_03282022_(20-187013)_text.pdf\n\n32022015NOA_Notice of Amendment_01072022_(20-187013).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022015NOA/32022015NOA_Notice%20of%20Amendment_01072022_(20-187013).pdf\n\n32022015NOA_Notice of Amendment_01072022_(20-187013)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022015NOA/32022015NOA_Notice%20of%20Amendment_01072022_(20-187013)_text.pdf\n\n32022015NOA_Operator Response to Notice_02042022_(20-187013).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022015NOA/32022015NOA_Operator%20Response%20to%20Notice_02042022_(20-187013).pdf\n\n32022015NOA_Closure Letter_03282022_(20-187013)_text.pdf\n\nVIA ELECTRONIC MAIL TO: and jim.ramness@enbridge.com\nmichael.koby@enbridge.com, david.stafford@enbridge.com,\nMarch 28, 2022\nMichael Koby\nVice President, US Pipelines\nEnbridge Energy, Limited Partnership\n5400 Westheimer Court\nHouston, TX 77056\nRe: CPF 3-2022-015-NOA\nDear Mr. Koby:\nFrom July 19 to September 17, 2020, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted\nan on-site pipeline safety inspection of Enbridge Energy, Limited Partnership (Enbridge)\nprocedures in Edmonton, Alberta, Canada. As a result of the inspection, Control Room\nManagement was issued a Notice of Amendment on January 7, 2022, which proposed\namendment of your procedures.\nEnbridge submitted its amended procedures on February 7, 2022. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n32022015NOA_Notice of Amendment_01072022_(20-187013)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: and jim.ramness@enbridge.com\nJanuary 7, 2022\nMichael Koby\nVice President, US Pipelines\nEnbridge Energy, Limited Partnership\n5400 Westheimer Court\nHouston, TX 77056\nmichael.koby@enbridge.com, david.stafford@enbridge.com,\nCPF 3-2022-015-NOA\nDear Mr. Koby:\nFrom July 19 to September 17, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nEnbridge Energy, Limited Partnership (Enbridge) procedures for Control Room Management in\nEdmonton, Alberta, Canada.\nThis Notice is in response to PHMSA’s Control Room Management (CRM) Initiative, which is a\nnational level program that includes inspectors from every region. As a result, you may have\nreceived this Notice from a different Regional Director than typical because the CRM Initiative\ninspections are currently separate from the standard inspection program. Notices and\ncorrespondence from other types of inspections will remain unchanged.\nOn the basis of the inspection, PHMSA identified the apparent inadequacies within Enbridge’s\nplans or procedures, as described below:\n1. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline facility\nthrough a SCADA system. Each operator must have and follow written control room\nmanagement procedures that implement the requirements of this section. The procedures\nrequired by this section must be integrated, as appropriate, with the operator's written\n\n\n\n2\nprocedures required by § 195.402. An operator must develop the procedures no later than\nAugust 1, 2011, and must implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this\nsection must be implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later than\nAugust 1, 2012. The training procedures required by paragraph (h) must be implemented\nno later than August 1, 2012, except that any training required by another paragraph of\nthis section must be implemented no later than the deadline for that paragraph.\nEnbridge's Control Room Management Plan (CRM), Version 11.0, Point to Point (P2P)\nprocedure was inadequate to thoroughly verify between SCADA displays and related field\nequipment when field equipment is added or moved and when other changes affecting pipeline\nsafety are made to field equipment, as required by §195.446(c)(2).\nThe procedure did not adequately address checking alarms to verify the correct set points were\nestablished and the point presented, as required when those set points were reached in SCADA\nor received from the field. Verification of the alarm presentation included alarm priority levels,\ncolor presentations, audible alerts, and messaging; however, while in practice these were\nchecked, the procedure did not include this requirement nor require recording it. Also, alarms\noften present to the controller on different screens, in addition to the main alarm event screen, for\nall screens and for new points, are required to be documented and verified. There were three\nchecks performed during a P2P that were described in the verbal explanation of the process;\nthese three checks were included in the procedure.\nThe procedure needs to be amended to include instruction for a more thorough P2P verification\nthat also includes thorough documentation of P2P verification checks.\n2. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline facility\nthrough a SCADA system. Each operator must have and follow written control room\nmanagement procedures that implement the requirements of this section. The procedures\nrequired by this section must be integrated, as appropriate, with the operator's written\nprocedures required by § 195.402. An operator must develop the procedures no later than\nAugust 1, 2011, and must implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this\nsection must be implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later than\nAugust 1, 2012. The training procedures required by paragraph (h) must be implemented\nno later than August 1, 2012, except that any training required by another paragraph of\nthis section must be implemented no later than the deadline for that paragraph.\nEnbridge's Control Room Management Plan (CRM), Version 11.0, for manual operation failed to\nprovide requirements for testing the manual operation of the pipeline safely, at least once each\ncalendar year, but at intervals not to exceed 15 months as required by §195.446(c)(3).\n\n\n\n3\nProcedure 4.3.1 of the CRM Plan stated, in the event of a communications failure, including\nfailure modes related to SCADA equipment other than telecommunications, the affected pipeline\nsystems are shut down manually, with no attempt to continue operations other than to conduct an\norderly shutdown.\nEnbridge’s testing of the internal communication plan consisted of a process called “Qualified\nIndividual Notification Exercise.” This spontaneous exercise contacted individuals who would\nbe responsible to respond to a manual system shutdown to verify correct contact information and\ntest the individual’s knowledge and capability to take the appropriate actions to affect shut down\nfor a specific facility. It did not include any actual or mock exercise in shutting down or manual\noperation of the pipeline.\nEnbridge stated it would not manually operate the system after an orderly shutdown. However,\nin the event of total loss of SCADA or major communication failure, the only way to affect an\norderly shutdown is manually. In the procedure titled Communications Failure – Pipeline, the\nprocedure indicated that in the event of a single facility PLC failure or if a segment lost\ncommunication Enbridge would continue to operate. In such an event, field personnel would\nrespond and report to the controller on a periodic basis, every 10-30 minutes. Enbridge had not\ndeveloped plans to test these scenarios. Providing for individual notification was not adequate to\ntest the operational process of manual shutdown, or manual operation of a pipeline segment.\nThe procedure needs to be amended to include testing and verifying the manual operation of the\npipeline system.\n3. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline facility\nthrough a SCADA system. Each operator must have and follow written control room\nmanagement procedures that implement the requirements of this section. The procedures\nrequired by this section must be integrated, as appropriate, with the operator's written\nprocedures required by § 195.402. An operator must develop the procedures no later than\nAugust 1, 2011, and must implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this\nsection must be implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented no later than\nAugust 1, 2012. The training procedures required by paragraph (h) must be implemented\nno later than August 1, 2012, except that any training required by another paragraph of\nthis section must be implemented no later than the deadline for that paragraph.\nEnbridge's Control Room Management Plan, (CRM) Version 11.0, for Team Training was\ninadequate because it did not fully establish who, regardless of location, operationally\ncollaborates with control room personnel as required by §195.446(h)(6).\nEnbridge focused Team Training on the control room core group (Controller, Sr. Tech Advisor,\nShift Supervisor, Leak Analyst and Control Room Administrator). Individuals, such as\n\n\n\n4\nschedulers, SCADA designers, field personnel, and engineers are others who collaborate with\ncontrollers, but were not included in the Team Training and not listed in the procedure.\nAlso, Enbridge’s procedure failed to specifically define how they addressed all operational\nmodes of normal, abnormal, and emergency in the training. It does address abnormal and\nemergency through a variety of mediums (incident reviews, tabletop exercises, etc.) however,\nnormal operating conditions were not addressed in the exercises. The training needs to address\nall operational modes.\nThe procedure needs to be amended to require team training to include others, defined by the\noperator, who would reasonably be expected to operationally collaborate with controllers\n(control room personnel), and include content addressing all operational modes of normal,\nabnormal, and emergency in the training.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under 49 C.F.R. §190.211. If you do not respond within 30\ndays of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Enbridge maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Gregory A. Ochs, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 3-2022-015 NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\n\n\n\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: David Stafford, Manager Compliance david.stafford@enbridge.com\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n5","truncated":false,"body_characters":14387}