{"operation":"document","citation":"CPF 32023011NOPV","title":"ENBRIDGE ENERGY, LIMITED PARTNERSHIP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-09-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.402(c)(7), 195.573(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023011nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023011nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023011nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023011NOPV","body":"Notice of Probable Violation involving ENBRIDGE ENERGY, LIMITED PARTNERSHIP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(7),  195.573(a)(1). The case was opened on 2023-09-12 and is reported as closed as of 2024-12-23. Proposed civil penalty: $18,600. Assessed civil penalty: $18,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023011NOPV_Closure Letter_12232024_(22-233376).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_Closure%20Letter_12232024_(22-233376).pdf\n\n32023011NOPV_Closure Letter_12232024_(22-233376)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_Closure%20Letter_12232024_(22-233376)_text.pdf\n\n32023011NOPV_Final Order_04112024_(22-233376).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_Final%20Order_04112024_(22-233376).pdf\n\n32023011NOPV_Final Order_04112024_(22-233376)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_Final%20Order_04112024_(22-233376)_text.pdf\n\n32023011NOPV_Operator RtN and RTE_10122023_(22-233376).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_Operator%20RtN%20and%20RTE_10122023_(22-233376).pdf\n\n32023011NOPV_PCP PCO_09122023_(22-233376).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_PCP%20PCO_09122023_(22-233376).pdf\n\n32023011NOPV_PCP PCO_09122023_(22-233376)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023011NOPV/32023011NOPV_PCP%20PCO_09122023_(22-233376)_text.pdf\n\n32023011NOPV_Closure Letter_12232024_(22-233376)_text.pdf\n\nVIA ELECTRONIC MAIL TO: kevin.ruffatto@enbridge.com; stacy.soine@enbridge.com;\njeffrey.cremin@enbridge.com\nDecember 23, 2024\nMr. Kevin Ruffatto\nVice President, U.S. Operations\nEnbridge Energy, L.P.\n5400 Westheimer Court\nHouston, TX 77056\nRE: CPF 3-2023-011-NOPV\nDear Mr. Ruffatto:\nOn April 11, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to\nEnbridge Energy, Limited Partnership, a subsidiary of Enbridge Inc. (Enbridge) a Final Order in the\nabove-referenced case. This Order included a Compliance Order and Civil Penalty assessment. Based\non our review of the documentation provided and confirmation of payment of the civil penalty, it has\nbeen determined that Enbridge has complied with the terms of this Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the matters\ninvolved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Stacy Soine, Advisor Regulatory Compliance (stacy.soine@enbridge.com)\nJeff Cremin, Manager US Pipeline Compliance (jeffrey.cremin@enbridge.com)\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Enbridge Energy, L.P., a Compliance Order\nincorporating the following remedial requirements to ensure the compliance of Enbridge Energy, L.P,\nwith the pipeline safety regulations:\nA. B. In regard to Item 1 of the Notice pertaining to the identification of Line 78 valves and\nequipment, Enbridge Energy, L.P, must correct the valve and equipment labels to\nproperly reflect Line No.78 within 180 days of receipt of the Final Order.\nIt is requested that Enbridge Energy, L.P maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total\nto Gregory Ochs, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: 1) total\ncost associated with preparation/revision of plans, procedures, studies and analyses, and\n2) total cost associated with replacements, additions and other changes to pipeline\ninfrastructure.\n\n32023011NOPV_Final Order_04112024_(22-233376)_text.pdf\n\nApril 11, 2024\nVIA ELECRONIC MAIL TO: colin.gruending@enbridge.com\nColin K. Gruending\nExecutive Vice President and President, Liquids Pipelines\nEnbridge Inc.\n200 Fifth Avenue Place\n425 – 1st Street SW\nCalgary, Alberta, Canada T2P 3L8\nRe: CPF No. 3-2023-011-NOPV\nDear Mr. Gruending:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $18,600, and specifies actions that need to be taken by\nEnbridge Energy, Limited Partnership, a subsidiary of Enbridge Inc., to comply with the pipeline\nsafety regulations. The penalty payment terms are set forth in the Final Order. When the civil\npenalty has been paid and the terms of the compliance order completed, as determined by the\nDirector, Central Region, this enforcement action will be closed. Service of the Final Order by\ne-mail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\n\n\n\nMr. Kevin Ruffatto, Vice President, U.S. Operations, Enbridge Inc.,\nkevin.ruffatto@enbridge.com\nMr. David Stafford, Manager, U.S. Pipeline Compliance, Enbridge Inc.,\ndavid.stafford@enbridge.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nEnbridge Energy, Limited Partnership, ) CPF No. 3-2023-011-NOPV\na subsidiary of Enbridge Inc., )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom March 14 through August 12, 2022, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Enbridge\nEnergy, Limited Partnership’s (Enbridge or Respondent) Lakehead, Toledo, and New York\npipelines and facilities in Illinois, Indiana, Michigan, Ohio, and New York. Enbridge operates\nover 5,000 miles of hazardous liquid pipelines and over 100 breakout tanks.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated September 12, 2023, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Enbridge had committed two violations of 49 C.F.R. Part 195, proposed\nassessing a civil penalty of $18,600 for the alleged violations, and proposed ordering Respondent\nto take certain measures to correct the alleged violations. The Notice also included one warning\nitem pursuant to 49 C.F.R. § 190.205, which warned the operator to correct the probable\nviolation or face possible future enforcement action.\nEnbridge responded to the Notice by letter dated October 12, 2023 (Response). The company\ndid not contest the allegations of violation but requested additional time to complete the\nproposed compliance action. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated 49\nC.F.R. Part 195, as follows:\n\n\n\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its\nmanual of written procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. Specifically, the Notice alleged that Enbridge\nfailed to follow its operation and maintenance procedures regarding pipeline valve labeling. The\nvalve labels for Line 78 erroneously referenced Line 6 in the valve identification string.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to follow its\nmanual of written procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(7), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n(1) . . . .\n(7) Starting up and shutting down any part of the pipeline system in a\nmanner designed to assure operation within the limits prescribed by §\n195.406, consider the hazardous liquid or carbon dioxide in transportation,\nvariations in altitude along the pipeline, and pressure monitoring and\ncontrol devices.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(c)(7) by failing to have\nprocedures to provide safety when starting up and shutting down any part of the pipeline system.\nSpecifically, the Notice alleged that Respondent failed to have procedures to prevent an\nabnormal operation during the restart of Line 5 after the installation of two emergency flow\nrestrictive devices at MP 1532 and MP 1621. Due to the absence of procedures, personnel in the\nfield were not made aware of changes to the project, including the decision not to commission\n\n\n\nthe valve at MP 1621 and the decision to restart the pipeline. Due to this lack of awareness, the\nfield crew began moving the valve to check the valve limits after the pipeline had been restarted,\ncausing the overpressure events.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(c)(7) by failing to have\nprocedures to provide safety when starting up and shutting down any part of the pipeline system.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.1\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; any effect that the penalty may have on its ability to continue\ndoing business; the good faith of Respondent in attempting to comply with the pipeline safety\nregulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA.\nIn addition, I may consider the economic benefit gained from the violation without any reduction\nbecause of subsequent damages, and such other matters as justice may require. The Notice\nproposed a total civil penalty of $18,600 for the violation cited above.\nItem 2: The Notice proposed a civil penalty of $18,600 for Respondent’s violation of 49 C.F.R.\n§ 195.402(c)(7), for failing to have procedures to provide safety when starting up and shutting\ndown any part of the pipeline system. Enbridge neither contested the allegation nor presented\nany evidence or argument justifying a reduction in or elimination of the proposed penalty.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $18,600 for violation of 49 C.F.R. § 195.402(c)(7).\nPayment of the civil penalty must be made within 20 days after receipt of this Final Order.\nFederal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U.S.\nTreasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City,\nOklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those\n1 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223 for adjusted amounts.\n\n\n\nsame authorities, a late penalty charge of six percent (6%) per annum will be charged if payment\nis not made within 110 days of service. Furthermore, failure to pay the civil penalty may result\nin referral of the matter to the Attorney General for appropriate action in a district court of the\nUnited States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of 49\nC.F.R. § 195.402(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601.\nWith regard to the violation of § 195.402(a) (Item 1), Respondent requested additional time, until\nDecember 31, 2024, to complete the proposed compliance action due to the extensive scope of\nthe work involved. Respondent indicated it has a project underway that will address equipment\ntagging incongruencies between engineering drawings, assets in the field, SCADA, leak\ndetection systems, and other software systems across seven facilities and 39 main block valves. In\na recommendation for final action submitted pursuant to § 190.209(b)(7), the Director\nrecommended extending the compliance deadline as requested. Therefore, I find it appropriate\nto extend the compliance deadline.\nFor the above reasons, the Compliance Order is modified as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations:\n1. With respect to the violation of § 195.402(a) (Item 1), Respondent must correct\nthe valve and equipment labels to properly reflect Line No.78 by December 31, 2024.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223 for adjusted amounts),\nfor each violation for each day the violation continues or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\n\n\n\nWARNING ITEM\nWith respect to Item 3, the Notice alleged a probable violation of Part 195, but identified it as a\nwarning item pursuant to § 190.205. The warning was for:\n49 C.F.R. § 195.573(a)(1) (Item 3) ─ Respondent’s alleged failure to conduct\ntests to ensure cathodic protection meets the applicable criteria on certain purged\nand idled pipelines (Line 6B and inactive segments on Line 10) at least once each\ncalendar year, but with intervals not exceeding 15 months for calendar years 2020\nand 2021.\nIf OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject\nto future enforcement action.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The filing of a\npetition automatically stays the payment of any civil penalty assessed. The other terms of the\norder, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nApril 11, 2024\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":18038}