{"operation":"document","citation":"CPF 32024015WL","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":"2024-02-02","effective_on":null,"summary":"CLOSED warning letter citing 195.404(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024015wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024015wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024015wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024015WL","body":"Warning Letter involving ENBRIDGE PIPELINES (SOUTHERN LIGHTS) L.L.C.. PHMSA's enforcement data identifies the cited regulation as 195.404(c)(3). The case was opened on 2024-02-02 and is reported as closed as of 2024-02-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024015WL_Warning Letter_02022024_(23-264316).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024015WL/32024015WL_Warning%20Letter_02022024_(23-264316).pdf\n\n32024015WL_Warning Letter_02022024_(23-264316)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024015WL/32024015WL_Warning%20Letter_02022024_(23-264316)_text.pdf\n\n32024015WL_Warning Letter_02022024_(23-264316)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: michael.koby@enbridge.com;\nDavid.Stafford@Enbridge.com; Bradley.Salo@Enbridge.com\nFebruary 2, 2024\nMr. Michael Koby\nVice President, US Operations\nEnbridge Pipelines (Southern Lights) L.L.C.\n915 N Eldridge Parkway,\nSuite 1100, Houston, TX 77079\nCPF 3-2024-015-WL\nDear Mr. Koby:\nFrom February 14 to July 27, 2023, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nEnbridge Pipelines (Southern Lights) L.L.C’s (“Enbridge”)\nheadquarters pipeline records in Superior, Wisconsin.\nAs a result of the inspection, it is alleged that Enbridge has committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. § 195.404 Maps and records.\n(a) . . . .\n(c) Each operator shall maintain the following records for the periods specified:\n(1) . . . .\n(3) A record of each inspection and test required by this subpart shall be maintained\nfor at least 2 years or until the next inspection or test is performed, whichever is\nlonger.\n\n\n\n§ 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at intervals\nnot exceeding 15 months, but at least once each calendar year, or in the case of pipelines\nused to carry highly volatile liquids, at intervals not to exceed 7 1⁄2 months, but at least\ntwice each calendar year, inspect and test each pressure limiting device, relief valve,\npressure regulator, or other item of pressure control equipment to determine that it is\nfunctioning properly, is in good mechanical condition, and is adequate from the\nstandpoint of capacity and reliability of operation for the service in which it is used.\n(b) In the case of relief valves on pressure breakout tanks containing highly volatile\nliquids, each operator shall test each valve at intervals not exceeding 5 years.\nEnbridge’s technician failed to correctly document the set and test pressures for pressure\ntransmitters at the Line 13 Viking Station as required by § 195.404 from the inspection and\ntesting requirements of § 195.428 . In 2021, PSV-2 pressures were incorrectly documented and\ndid not show the correct test pressures. After an Enbridge investigation into the situation, the\nfollowing was shared with PHMSA, “Upon further review of the maintenance records for VG-\n13-PSV-1, it appears the technician made a mistake when entering the data into Maximo, and\nintermixed pressures with VG-13-PSV-2.” The technician mistakenly entered the wrong\npressure values and it was not caught before closing out the work orders for two years.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for\na related series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nEnbridge Pipelines (Southern Lights) L.L.C. being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2024-015-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: David Stafford (David.Stafford@Enbridge.com)\nBradley Salo (Bradley.Salo@Enbridge.com)","truncated":false,"body_characters":6325}