CPF 32023007NOPV
CPF 32023007NOPV
party submissionOfficial PDF32023007NOPV_Operator Response to Notice_01122024_(22-237870).pdf#
case documentOfficial PDF32023007NOPV_PCP_12142023_(22-237870).pdf#
case documentOfficial PDF32023007NOPV_PCP_12142023_(22-237870)_text.pdf#
32023007NOPV_Final Order_02162024_(22-237870)_text.pdf, page 1Official PDFFebruary 16, 2024 VIA ELECTRONIC MAIL TO: cynthia.hansen@enbridge.com Cynthia Hansen Executive Vice President and President Gas Transmission and Midstream Enbridge Inc. 915 N Eldridge Parkway, Suite 1100 Houston, Texas 77079 Re: CPF No. 3-2023-007-NOPV Dear Ms. Hansen: Enclosed please find the Final Order issued in the above-referenced case to Texas Eastern Transmission, LP, a subsidiary of Enbridge Inc. It makes a finding of violation and assesses a civil penalty of $225,134. When the civil penalty has been paid, this enforcement action will be 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 A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Michael Koby, Senior Vice President and Chief Operating Officer, Gas Transmission and Midstream, Enbridge Inc., michael.koby@enbridge.com#
32023007NOPV_Final Order_02162024_(22-237870)_text.pdf, page 3Mr. Peter Seydewitz, Director, Operational Excellence, GTM Engineering & Asset Management, Enbridge Inc., peter.seydewitz@enbridge.com Mr. Leo Rosas, Jr., Supervisor, Operational Compliance, Enbridge Inc., leo.rosasjr@enbridge.com CONFIRMATION OF RECEIPT REQUESTED#
32023007NOPV_Final Order_02162024_(22-237870)_text.pdf, page 4U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Texas Eastern Transmission, LP, ) a subsidiary of Enbridge Inc., ) CPF No. 3-2023-007-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On December 14, 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 Texas Eastern Transmission, LP (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192 and proposed a civil penalty of $225,134. Respondent did not contest the allegation of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.605(a) (Item 1) ─ Respondent failed to follow its required operating procedures for maintaining and repairing the pipeline when it did not maintain a 1-foot buffer when using mechanical equipment for excavation and/or backfilling of pipe. 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 civil penalty amount of $225,134. 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. The Financial Operations Division telephone number is (405) 954-8845.#
32023007NOPV_Final Order_02162024_(22-237870)_text.pdf, page 5Failure to pay the 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. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. February 16, 2024 ___________________________________ _________________________ 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.