{"operation":"document","citation":"CPF 42020018NOPV","title":"TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-12-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.22(c)(1)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020018nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020018nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020018nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42020018NOPV","body":"Notice of Probable Violation involving TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 191.22(c)(1)(i). The case was opened on 2020-12-09 and is reported as closed as of 2021-07-08. Proposed civil penalty: $36,200. Assessed civil penalty: $18,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42020018NOPV_Amended PHC Hearing Scheduled_03242021_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_Amended%20PHC%20Hearing%20Scheduled_03242021_(20-189114).pdf\n\n42020018NOPV_Amended PHC Hearing Scheduled_03242021_(20-189114)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_Amended%20PHC%20Hearing%20Scheduled_03242021_(20-189114)_text.pdf\n\n42020018NOPV_Consent Agreement and Order_04082021_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_Consent%20Agreement%20and%20Order_04082021_(20-189114).pdf\n\n42020018NOPV_Consent Agreement and Order_04082021_(20-189114)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_Consent%20Agreement%20and%20Order_04082021_(20-189114)_text.pdf\n\n42020018NOPV_Operator Response to Notice and Request for Hearing and Request Written Response and Request Statement of Issues_01112021_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20Written%20Response%20and%20Request%20Statement%20of%20Issues_01112021_(20-189114).pdf\n\n42020018NOPV_Operator Withdrawal of Request for Hearing _04122021_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_Operator%20Withdrawal%20of%20Request%20for%20Hearing%20_04122021_(20-189114).pdf\n\n42020018NOPV_PCP_12092020_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PCP_12092020_(20-189114).pdf\n\n42020018NOPV_PCP_12092020_(20-189114)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PCP_12092020_(20-189114)_text.pdf\n\n42020018NOPV_PHC Hearing Scheduled_01282021_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PHC%20Hearing%20Scheduled_01282021_(20-189114).pdf\n\n42020018NOPV_PHC Hearing Scheduled_01282021_(20-189114)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PHC%20Hearing%20Scheduled_01282021_(20-189114)_text.pdf\n\n42020018NOPV_Consent Agreement and Order_04082021_(20-189114)_text.pdf\n\nApril 8, 2021\nVIA ELECTRONIC MAIL TO: thomas.wooden@enbridge.com\nMr. Thomas V. Wooden, Jr.\nVice President, GTM Engineering and Asset Management\nTexas Eastern Transmission, LP\n5400 Westheimer Court\nP.O. Box 1642\nHouston, Texas 77056\nCPF No. 4-2020-018-NOPV\nDear Mr. Wooden:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Texas Eastern\nTransmission, LP, which was executed on April 8, 2021. Service of the Consent Order and\nConsent Agreement by electronic mail is deemed effective upon the date of transmission, or as\notherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Order and Consent Agreement\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMs. Michele Harradence, Vice President, Gas Transmission and Midstream Operations\nTexas Eastern Transmission, LP, michele.harradence@enbridge.com\nMs. Annie Cook, Esq., Troutman Pepper, Counsel for Texas Eastern Transmission, LP,\nannie.cook@troutman.com\nMs. Catherine Little, Esq., Troutman Pepper, Counsel for Texas Eastern Transmission,\nLP, catherine.little@troutman.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 )\n)\nTexas Eastern Transmission, LP, )\na subsidiary of Enbridge Inc., ) CPF No. 4-2020-018-NOPV\n)\nRespondent. )\nCONSENT AGREEMENT AND ORDER\nOn March 30, 2020, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nreviewed Texas Eastern Transmission, LP’s (TETLP or Respondent) Operator Registry\nNotification F-20200330-23823 that the company had filed through the PHMSA Portal. As a\nresult of the review, the Director, Southwest Region, OPS (Director), issued to Respondent, by\nletter dated December 9, 2020, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice), pursuant to 49 C.F.R. § 190.207. The Notice alleged that TETLP violated 49 C.F.R. §\n191.22(c)(1) and proposed a civil penalty of $36,200 for the alleged violation.\nTETLP responded to the Notice by letter dated January 11, 2021 (Response). Respondent\ncontested the alleged violation and proposed civil penalty, and requested a hearing. Respondent\nalso requested to meet with Southwest Region to potentially resolve the issues without resorting\nto a hearing. TETLP offered additional information in response to the Notice and TETLP and\nSouthwest Region held meetings telephonically on January 26, February 16, and March 4, 2021,\nto discuss resolution of this proceeding.\nAs a result of these meetings, the TETLP and PHMSA (collectively, the Parties) have reached an\nagreement, as set forth herein, and agree that this Consent Agreement and Order (Agreement)\nwill serve to avoid further administrative proceedings or litigation, is the most appropriate means\nof resolving this proceeding, and will best promote safety and the public interest.\nTherefore, pursuant to 49 C.F.R. Part 190 and upon consent and agreement of the Parties, it is\nOrdered and Adjudged as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the Colerain Compressor\nStation, Respondent and its Colerain Compressor Station located in Belmont County, Ohio are\nsubject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the\nregulations and administrative orders issued thereunder. For purposes of this Agreement,\n\n\n\nCPF No. 4-2020-018-NOPV\nPage 2\nRespondent further acknowledges that it received proper notice of PHMSA's action in this\nproceeding and that the Notice states claims upon which relief may be granted pursuant to 49\nU.S.C. 60101, et seq., and the regulations and orders issued thereunder.\n2. Respondent agrees to the terms of this Agreement, and hereby waives any further\nprocedural requirements with respect to its issuance. Respondent further waives all rights to\ncontest the adequacy of notice, or the validity of this Agreement, including all rights to\nadministrative or judicial hearings or appeals, except as set forth herein.\n3. This Agreement shall apply to and be binding upon PHMSA and TETLP, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law.\n4. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n5. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against TETLP pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n6. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nTETLP remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n7. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. TETLP agrees\nto hold harmless the U.S. Department of Transportation, its officers, employees, agents, and\nrepresentatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\nII. Finding of Violation for Item 1 of the Notice\n8. With regard to Item 1 of the Notice, PHMSA finds that TETLP violated 49 C.F.R.\n§ 191.22(c)(1), as alleged in the Notice, by notifying PHMSA of the Colerain Compressor\nStation construction rehabilitation project less than 60 days prior to construction. This finding of\n\n\n\nCPF No. 4-2020-018-NOPV\nPage 3\nviolation will be considered a prior offense in any subsequent enforcement action taken against\nRespondent.\n9. This Agreement does not constitute a finding of violation of any other Federal law\nor regulation and may not be used in any civil proceeding of any kind as evidence or proof of\nany fact, fault or liability, or as evidence of the violation of any law, rule, regulation or\nrequirement, except in a proceeding to enforce the provisions of this Agreement.\nIII. Civil Penalty\n10. Respondent agrees to pay a civil penalty in the amount $18,100 in connection\nwith Item 1 of the Notice. PHMSA finds that this penalty amount is appropriate given the\nparticular facts, circumstances, and mitigating factors of this case and properly reflects the\npenalty assessment considerations found in 49 C.F.R. § 190.225.\n11. TETLP will pay the civil penalty amount in Paragraph 10 within 30 calendar days\nof the Effective Date of this Agreement. Payment may be made by sending a certified check or\nmoney order (containing the CPF Number for this case), made payable to “U.S. Department of\nTransportation,” to the Federal Aviation Administration, Mike Monroney Aeronautical Center,\nFinancial Operations Division (AMK-325), 6500 S. MacArthur Blvd, Oklahoma City, Oklahoma\n79169. Federal regulations (49 C.F.R. § 89.21(b)(3)) also permit payment to be made by wire\ntransfer through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Questions concerning wire transfers should be directed to: Financial Operations\nDivision (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center,\n6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division\ntelephone number is (405) 954-8845.\n12. Failure to pay the $18,100 civil penalty will result in accrual of interest at the\ncurrent annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 49 C.F.R.\n§ 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum\nwill be charged if payment is not made within 110 days of service. Furthermore, failure to pay\nthe civil penalty may result in referral of the matter to the Attorney General for appropriate\naction in a district court of the United States.\n13. This case closes automatically upon receipt of payment.\nIV. Enforcement\n14. This Agreement is subject to all enforcement authorities available to PHMSA under\n49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties under\n49 U.S.C. § 60122, and referral of the case to the Attorney General for judicial enforcement, if\nPHMSA determines that Respondent is not complying with the terms of this Agreement in\naccordance with determinations made by the Director, or if appealed, in accordance with the\ndecision of the Associate Administrator. The maximum civil penalty amounts are adjusted\nannually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum Civil\nPenalties, 82 Fed. Reg. 19325 (April 27, 2017).\n\n\n\nCPF No. 4-2020-018-NOPV\nPage 4\nV. Effective Date\n15. been signed by both TETLP and PHMSA.\nThe term “Effective Date,” as used herein, is the date on which this Agreement has\nVI. Ratification\n16. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\nFor Texas Eastern Pipeline, LP: For the Pipeline and Hazardous Materials\nAdministration, Office of Pipeline Safety:\n___________________________ ____________________________\nName: Thomas V. Wooden, Jr. Name: Alan K. Mayberry\nTitle: Vice President Title: Associate Administrator for Pipeline\nSafety, Office of Pipeline Safety, PHMSA\nApril 6, 2021 April 8, 2021\n___________________________ ____________________________\nDate: Date:\n\n42020018NOPV_PHC Hearing Scheduled_01282021_(20-189114)_text.pdf\n\nJanuary 28, 2021\nVIA ELECTRONIC MAIL TO: nathan.atanu@enbridge.com and mary.mcdaniel@dot.gov\nMr. Nathan Atanu\nManager, Operational Compliance\nTexas Eastern Transmission, LP\n5400 Westheimer Court\nHouston, Texas 77056\nMs. Mary McDaniel\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n8701 South Gessner, Suite 630\nHouston, Texas 77074\nRe: Notice of Hearing, Texas Eastern Transmission, LP\nCPF No. 4-2020-018-NOPV\nDear Mr. Atanu and Ms. McDaniel:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Civil Penalty issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will take place on March 10,\n2021, beginning at 9:00 a.m. Central Time.\nThe hearing will be held via videoconference. I will provide the videoconference information prior\nto the hearing. At least 10 calendar days prior to the hearing (or by February 28, 2021), both parties\nmust submit and exchange any additional written materials they intend to present at the hearing and\nthe name and email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded.\nIf you have any questions, please do not hesitate to contact me.\nSincerely,\nKristin Baldwin\nPresiding Official\n\n\n\ncc: Ms. Catherine D. Little, Counsel for Texas Eastern Transmission, LP, Troutman Pepper\nHamilton Sanders, LLP, catherine.little@troutman.com\nMs. Melanie Lampton, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,\nmelanie.lampton@dot.gov\nMs. Elizabeth Nugent, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,\nelizabeth.nugent@dot.gov\n\n42020018NOPV_Amended PHC Hearing Scheduled_03242021_(20-189114)_text.pdf\n\nMarch 24, 2021\nVIA ELECTRONIC MAIL TO: nathan.atanu@enbridge.com and mary.mcdaniel@dot.gov\nMr. Nathan Atanu\nManager, Operational Compliance\nTexas Eastern Transmission, LP\n5400 Westheimer Court\nHouston, Texas 77056\nMs. Mary McDaniel\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n8701 South Gessner, Suite 630\nHouston, Texas 77074\nRe: Amended Notice of Hearing, Texas Eastern Transmission, LP\nCPF No. 4-2020-018-NOPV\nDear Mr. Atanu and Ms. McDaniel:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Civil Penalty issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will take place on April 16, 2021,\nbeginning at 9:00 a.m. Central Time.\nThe hearing will be held via videoconference. I will provide the videoconference information prior\nto the hearing. At least 10 calendar days prior to the hearing (or by April 6, 2021), both parties\nmust submit and exchange any additional written materials they intend to present at the hearing and\nthe name and email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded.\nIf you have any questions, please do not hesitate to contact me.\nSincerely,\nKristin Baldwin\nPresiding Official\n\n\n\ncc: CPF No. 4-2020-018-NOPV\nPage 2\nMs. Catherine D. Little, Counsel for Texas Eastern Transmission, LP, Troutman Pepper\nHamilton Sanders, LLP, catherine.little@troutman.com\nMs. Annie Cook, Counsel for Texas Eastern Transmission, LP, Troutman Pepper Hamilton\nSanders, LLP, annie.cook@troutman.com\nMs. Melanie Lampton, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,\nmelanie.lampton@dot.gov\nMs. Elizabeth Nugent, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,\nelizabeth.nugent@dot.gov","truncated":false,"body_characters":17195}