CPF 32023003NOPV
CPF 32023003NOPV
party submissionOfficial PDF32023003NOPV_Operator Response to Notice (REDACTED)_09132023_(21-201326).pdf#
case documentOfficial PDF32023003NOPV_PCP_08152023_(21-201326).pdf#
case documentOfficial PDF32023003NOPV_PCP_08152023_(21-201326)_text.pdf#
32023003NOPV_Final Order_10172023_(21-201326)_text.pdf, page 1Official PDFOctober 17, 2023 VIA ELECTRONIC MAIL TO: richard prior@tcenergy.com Richard Prior President, Liquids Pipelines TC Energy Corporation 700 Louisiana Street, Suite 700 Houston, Texas 77002 Re: CPF No. 3-2023-003-NOPV Dear Mr. Prior: Enclosed please find the Final Order issued in the above-referenced case to TC Oil Pipeline Operations Inc., a subsidiary of TC Energy Corporation. It makes a finding of violation and finds that the civil penalty amount of $103,800 has been paid in full. This case is now closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt 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. Erik Hughes, Senior Manager, US Regulatory Compliance - Keystone, TC Energy, erik_hughes@tcenergy.com Mr. Jason Schulz, Director, Field Technical Services, Liquid Field Operations, TC Energy, jason_schulz@tcenergy.com CONFIRMATION OF RECEIPT REQUESTED#
32023003NOPV_Final Order_10172023_(21-201326)_text.pdf, page 3U.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. 3-2023-003-NOPV a subsidiary of TC Energy Corp., ) ) Respondent. ) ____________________________________) FINAL ORDER On August 15, 2023, pursuant to 49 C.F.R. § 190.207, 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 the pipeline safety regulations in 49 C.F.R. Part 195 and proposed a civil penalty of $103,800. Respondent did not contest the allegations of violation or the proposed civil penalty and paid the proposed civil penalty on September 26, 2023. 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. § 195.412(a) (Item 1) ─ Respondent failed to inspect the surface conditions on or adjacent to each pipeline right-of-way at intervals not exceeding three weeks, but at least 26 times each calendar year. 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, Respondent is assessed a total civil penalty of $103,800, which Respondent has already paid in full. Warning Item With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 195.402(c)(3) but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action.#
32023003NOPV_Final Order_10172023_(21-201326)_text.pdf, page 4The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. October 17, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.