BBT MIDLA, LLC — Notice of Probable Violation

case documentOfficial PDFCPF420031010 Enbridge (US) Inc.pdf#

420031010_Final Order_10142005.pdf, page 1Official PDFU.S. Department of Transportdion Plpellne and Hazardous Mcrterials Safety Admlnlrtratlon 400 Seventh Street, S.W. Washington, D.C. 20590 Mr. Dan Tutcher President Enbridge (U.S.) Inc. 1100 Louisiana St, Suite 3300 Houston, TX 77002-52 16 Re: CPF No. 4-2003- 10 10 Dear Mr. Tutcher: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty. I acknowledge receipt of and accept your wire transfer for $70,000 as payment in fbll of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. 5 190.5. Sincerely, James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure CERTIFIED MAIL - RETURN RECEIPT REOUESTED#

420031010_Final Order_10142005.pdf, page 2• DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of ) Enbridge (U.S.) Inc., ) CPF No. 4-2003-1010 Respondent FINAL ORDER On December 3, 2003, in accordance with 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committed violations of 49 C.F.R. Part 192 and proposed assessing a civil penalty of $70,000 for the alleged violations. Respondent responded to the Notice by submitting a wire transfer in the amount of the proposed civil penalty ($70,000), waiving further right to respond and authorizing the entry of this Final Order. Pursuant to 49 C.F.R. § 190.213 and 49 U.S.C. § 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 192, as more fully described in the Notice: 49 C.F.R. § 192.475 - failing to investigate the effect of corrosive gas transported by pipeline and take steps to minimize internal corrosion. 49 C.F.R. § 192.477 - failing to check five internal corrosion coupons at intervals not exceeding 7½ months, but at least twice each calendar year. 49 C.F.R. § 192.605 - failing to review and update Respondent's manual of written procedures at intervals not exceeding 15 months, but at least once each calendar year. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $70,000, already paid by Respondent. The terms and conditions of this Final Order are effective on receipt. she. OCT 14 2005 Stacey Gerard Date Issued jur Associate Administrator for Pipeline Safety#