{"operation":"document","citation":"CPF 420135017W","title":"TC OIL PIPELINE OPERATIONS INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-10","effective_on":null,"summary":"CLOSED warning letter citing 195.202, 195.246(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135017w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135017w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135017w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420135017W","body":"Warning Letter involving TC OIL PIPELINE OPERATIONS INC. PHMSA's enforcement data identifies the cited regulations as 195.202,  195.246(a). The case was opened on 2013-09-10 and is reported as closed as of 2013-09-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420135017W_Operator Response_10242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135017W/420135017W_Operator%20Response_10242013.pdf\n\n420135017W_Warning Letter_09102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135017W/420135017W_Warning%20Letter_09102013.pdf\n\n420135017W_Warning Letter_09102013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135017W/420135017W_Warning%20Letter_09102013_text.pdf\n\n420135017W_Warning Letter_09102013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 10, 2013\nMr. Vern Meier\nVice President, Field Operations\nTC Oil Pipeline Operations, Inc.\n717 Texas Ave.\nHouston, TX 77002\nCPF 4-2013-5017W\nDear Mr. Meier:\nDuring the months of June and July 2013, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the construction of the\nKeystone Gulf Coast Project.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. §195.246 Installation of pipe in a ditch.\n(a) All pipe installed in a ditch must be installed in a manner that minimized the introduction of\nsecondary stresses and the possibility of damage to the pipe\nTranscanada did not assure that its Keystone Pipeline was installed in the ditch in a manner that minimizes the\npossibility of damage to the pipe. During the field inspections, PHMSA witnessed and examined anomaly\ninvestigations being conducted by Transcanada due to the results of a deformation tool run. The deformation tool\nidentified dents on the pipe that appear to be caused by secondary stresses on the pipe. Several anomaly reports\nstate that foam pillows and rocky terrain were present at the dig sites which may attribute to the dents on the pipe.\nDuring the field inspections the PHMSA inspector verified the locations of several dents which were located in\nthe same vicinity as the foam pillow supports.\nTranscanada’s TES-PROJ-LPCS-US Onshore Liquid Pipeline Construction Specification, Section 22.4 states\n“when foam pillows are installed, approved fill will be supplied to provide a uniform support along the underside\nof the pipe.” Assuring a uniform fill underneath the pipe at all foam pillow locations will minimize external\nstresses on the pipe. In addition, Section 22.5 states that “rock, stone laden soil, or frozen material shall not be\nbackfilled into the trench until the pipe has been surrounded by stone free soil.”\n\n\n\nIn reviewing the submitted anomaly reports and PHMSA inspections it demonstrates that Transcanada is not\nfollowing their Construction Specifications, Section 22.4 and 22.5. Transcanada needs to assure the backfill is\nfree of large rocks and have sufficient support at the foam pillows to minimize the external stresses on the pipe to\nbe in compliance with 195.246.\n2. §195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with comprehensive written specifications or\nstandards that are consistent with the requirements of this part.\nTranscanada did not follow its written specification, specifically, protecting existing coating from damage due to\nwelding. In an email dated June 7, 2013, Transcanada notified PHMSA of a non-conformance issue involving\ncoating damage which Transcanada was in the process of investigating. There were several locations in which the\ncontractor did not follow Transcanada’s coating specifications. Specifically, weld blankets were not being\nutilized to protect the existing coating on the pipe to prevent weld splatter from damaging the coating.\nTranscanada’s specification TES-WELD-PL- US Welding of Pipelines and Tie-ins, Section 8.11 states that\n“existing coatings on piping shall be protected to minimize damage that may result from the welding operations”\nwhich was not being followed by the contractor. After investigating 23 suspected locations, Transcanada\nconfirmed the coating damage and repaired the coating per the specifications.\nDuring the inspection, PHMSA observed several girth welds had coating damage due to weld splatter. There were\na total of 98 identified locations excavated in which Transcanada made coating repairs. Transcanada needs to\nassure that specification 8.11 is followed to be in compliance with 195.202.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per violation per\nday the violation persists up to a maximum of $2,000,000 for a related series of violations. For violations\noccurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a\nmaximum penalty not to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the item(s) identified\nin this letter. Failure to do so will result in Transcanada being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 4-2013-\n5017W. Be advised that all material you submit in response to this enforcement action is subject to being made\npublicly available. If you believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an explanation of why you\nbelieve the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6288}