# TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

42020018NOPV_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

42020018NOPV_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

42020018NOPV_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

42020018NOPV_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

42020018NOPV_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

42020018NOPV_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

42020018NOPV_PCP_12092020_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PCP_12092020_(20-189114).pdf

42020018NOPV_PCP_12092020_(20-189114)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PCP_12092020_(20-189114)_text.pdf

42020018NOPV_PHC Hearing Scheduled_01282021_(20-189114).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020018NOPV/42020018NOPV_PHC%20Hearing%20Scheduled_01282021_(20-189114).pdf

42020018NOPV_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

42020018NOPV_Consent Agreement and Order_04082021_(20-189114)_text.pdf

April 8, 2021
VIA ELECTRONIC MAIL TO: thomas.wooden@enbridge.com
Mr. Thomas V. Wooden, Jr.
Vice President, GTM Engineering and Asset Management
Texas Eastern Transmission, LP
5400 Westheimer Court
P.O. Box 1642
Houston, Texas 77056
CPF No. 4-2020-018-NOPV
Dear Mr. Wooden:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Texas Eastern
Transmission, LP, which was executed on April 8, 2021. Service of the Consent Order and
Consent Agreement by electronic mail is deemed effective upon the date of transmission, or as
otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure: Order and Consent Agreement
cc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA
Ms. Michele Harradence, Vice President, Gas Transmission and Midstream Operations
Texas Eastern Transmission, LP, michele.harradence@enbridge.com
Ms. Annie Cook, Esq., Troutman Pepper, Counsel for Texas Eastern Transmission, LP,
annie.cook@troutman.com
Ms. Catherine Little, Esq., Troutman Pepper, Counsel for Texas Eastern Transmission,
LP, catherine.little@troutman.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of )
)
Texas Eastern Transmission, LP, )
a subsidiary of Enbridge Inc., ) CPF No. 4-2020-018-NOPV
)
Respondent. )
CONSENT AGREEMENT AND ORDER
On March 30, 2020, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
reviewed Texas Eastern Transmission, LP’s (TETLP or Respondent) Operator Registry
Notification F-20200330-23823 that the company had filed through the PHMSA Portal. As a
result of the review, the Director, Southwest Region, OPS (Director), issued to Respondent, by
letter dated December 9, 2020, a Notice of Probable Violation and Proposed Civil Penalty
(Notice), pursuant to 49 C.F.R. § 190.207. The Notice alleged that TETLP violated 49 C.F.R. §
191.22(c)(1) and proposed a civil penalty of $36,200 for the alleged violation.
TETLP responded to the Notice by letter dated January 11, 2021 (Response). Respondent
contested the alleged violation and proposed civil penalty, and requested a hearing. Respondent
also requested to meet with Southwest Region to potentially resolve the issues without resorting
to a hearing. TETLP offered additional information in response to the Notice and TETLP and
Southwest Region held meetings telephonically on January 26, February 16, and March 4, 2021,
to discuss resolution of this proceeding.
As a result of these meetings, the TETLP and PHMSA (collectively, the Parties) have reached an
agreement, as set forth herein, and agree that this Consent Agreement and Order (Agreement)
will serve to avoid further administrative proceedings or litigation, is the most appropriate means
of resolving this proceeding, and will best promote safety and the public interest.
Therefore, pursuant to 49 C.F.R. Part 190 and upon consent and agreement of the Parties, it is
Ordered and Adjudged as follows:
I. General Provisions
1. Respondent acknowledges that as the operator of the Colerain Compressor
Station, Respondent and its Colerain Compressor Station located in Belmont County, Ohio are
subject to the jurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the
regulations and administrative orders issued thereunder. For purposes of this Agreement,



CPF No. 4-2020-018-NOPV
Page 2
Respondent further acknowledges that it received proper notice of PHMSA's action in this
proceeding and that the Notice states claims upon which relief may be granted pursuant to 49
U.S.C. 60101, et seq., and the regulations and orders issued thereunder.
2. Respondent agrees to the terms of this Agreement, and hereby waives any further
procedural requirements with respect to its issuance. Respondent further waives all rights to
contest the adequacy of notice, or the validity of this Agreement, including all rights to
administrative or judicial hearings or appeals, except as set forth herein.
3. This Agreement shall apply to and be binding upon PHMSA and TETLP, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law.
4. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements or understandings relating
to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
5. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,
et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to
bring enforcement actions against TETLP pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
6. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
TETLP remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
7. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. TETLP agrees
to hold harmless the U.S. Department of Transportation, its officers, employees, agents, and
representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
II. Finding of Violation for Item 1 of the Notice
8. With regard to Item 1 of the Notice, PHMSA finds that TETLP violated 49 C.F.R.
§ 191.22(c)(1), as alleged in the Notice, by notifying PHMSA of the Colerain Compressor
Station construction rehabilitation project less than 60 days prior to construction. This finding of



CPF No. 4-2020-018-NOPV
Page 3
violation will be considered a prior offense in any subsequent enforcement action taken against
Respondent.
9. This Agreement does not constitute a finding of violation of any other Federal law
or regulation and may not be used in any civil proceeding of any kind as evidence or proof of
any fact, fault or liability, or as evidence of the violation of any law, rule, regulation or
requirement, except in a proceeding to enforce the provisions of this Agreement.
III. Civil Penalty
10. Respondent agrees to pay a civil penalty in the amount $18,100 in connection
with Item 1 of the Notice. PHMSA finds that this penalty amount is appropriate given the
particular facts, circumstances, and mitigating factors of this case and properly reflects the
penalty assessment considerations found in 49 C.F.R. § 190.225.
11. TETLP will pay the civil penalty amount in Paragraph 10 within 30 calendar days
of the Effective Date of this Agreement. Payment may be made by sending a certified check or
money order (containing the CPF Number for this case), made payable to “U.S. Department of
Transportation,” to the Federal Aviation Administration, Mike Monroney Aeronautical Center,
Financial Operations Division (AMK-325), 6500 S. MacArthur Blvd, Oklahoma City, Oklahoma
79169. Federal regulations (49 C.F.R. § 89.21(b)(3)) also permit payment to be made by wire
transfer through the Federal Reserve Communications System (Fedwire), to the account of the
U.S. Treasury. Questions concerning wire transfers should be directed to: Financial Operations
Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center,
6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division
telephone number is (405) 954-8845.
12. Failure to pay the $18,100 civil penalty will result in accrual of interest at the
current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 49 C.F.R.
§ 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum
will be charged if payment is not made within 110 days of service. Furthermore, failure to pay
the civil penalty may result in referral of the matter to the Attorney General for appropriate
action in a district court of the United States.
13. This case closes automatically upon receipt of payment.
IV. Enforcement
14. This Agreement is subject to all enforcement authorities available to PHMSA under
49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties under
49 U.S.C. § 60122, and referral of the case to the Attorney General for judicial enforcement, if
PHMSA determines that Respondent is not complying with the terms of this Agreement in
accordance with determinations made by the Director, or if appealed, in accordance with the
decision of the Associate Administrator. The maximum civil penalty amounts are adjusted
annually for inflation. See, e.g., Pipeline Safety: Inflation Adjustment of Maximum Civil
Penalties, 82 Fed. Reg. 19325 (April 27, 2017).



CPF No. 4-2020-018-NOPV
Page 4
V. Effective Date
15. been signed by both TETLP and PHMSA.
The term “Effective Date,” as used herein, is the date on which this Agreement has
VI. Ratification
16. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
For Texas Eastern Pipeline, LP: For the Pipeline and Hazardous Materials
Administration, Office of Pipeline Safety:
___________________________ ____________________________
Name: Thomas V. Wooden, Jr. Name: Alan K. Mayberry
Title: Vice President Title: Associate Administrator for Pipeline
Safety, Office of Pipeline Safety, PHMSA
April 6, 2021 April 8, 2021
___________________________ ____________________________
Date: Date:

42020018NOPV_PHC Hearing Scheduled_01282021_(20-189114)_text.pdf

January 28, 2021
VIA ELECTRONIC MAIL TO: nathan.atanu@enbridge.com and mary.mcdaniel@dot.gov
Mr. Nathan Atanu
Manager, Operational Compliance
Texas Eastern Transmission, LP
5400 Westheimer Court
Houston, Texas 77056
Ms. Mary McDaniel
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
8701 South Gessner, Suite 630
Houston, Texas 77074
Re: Notice of Hearing, Texas Eastern Transmission, LP
CPF No. 4-2020-018-NOPV
Dear Mr. Atanu and Ms. McDaniel:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation and Proposed Civil Penalty issued by the Pipeline and Hazardous Materials
Safety Administration in the above-referenced case. The hearing will take place on March 10,
2021, beginning at 9:00 a.m. Central Time.
The hearing will be held via videoconference. I will provide the videoconference information prior
to the hearing. At least 10 calendar days prior to the hearing (or by February 28, 2021), both parties
must submit and exchange any additional written materials they intend to present at the hearing and
the name and email address of each attendee. This information should be provided electronically.
Materials not submitted by this date may be excluded.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kristin Baldwin
Presiding Official



cc: Ms. Catherine D. Little, Counsel for Texas Eastern Transmission, LP, Troutman Pepper
Hamilton Sanders, LLP, catherine.little@troutman.com
Ms. Melanie Lampton, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,
melanie.lampton@dot.gov
Ms. Elizabeth Nugent, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,
elizabeth.nugent@dot.gov

42020018NOPV_Amended PHC Hearing Scheduled_03242021_(20-189114)_text.pdf

March 24, 2021
VIA ELECTRONIC MAIL TO: nathan.atanu@enbridge.com and mary.mcdaniel@dot.gov
Mr. Nathan Atanu
Manager, Operational Compliance
Texas Eastern Transmission, LP
5400 Westheimer Court
Houston, Texas 77056
Ms. Mary McDaniel
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
8701 South Gessner, Suite 630
Houston, Texas 77074
Re: Amended Notice of Hearing, Texas Eastern Transmission, LP
CPF No. 4-2020-018-NOPV
Dear Mr. Atanu and Ms. McDaniel:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation and Proposed Civil Penalty issued by the Pipeline and Hazardous Materials
Safety Administration in the above-referenced case. The hearing will take place on April 16, 2021,
beginning at 9:00 a.m. Central Time.
The hearing will be held via videoconference. I will provide the videoconference information prior
to the hearing. At least 10 calendar days prior to the hearing (or by April 6, 2021), both parties
must submit and exchange any additional written materials they intend to present at the hearing and
the name and email address of each attendee. This information should be provided electronically.
Materials not submitted by this date may be excluded.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kristin Baldwin
Presiding Official



cc: CPF No. 4-2020-018-NOPV
Page 2
Ms. Catherine D. Little, Counsel for Texas Eastern Transmission, LP, Troutman Pepper
Hamilton Sanders, LLP, catherine.little@troutman.com
Ms. Annie Cook, Counsel for Texas Eastern Transmission, LP, Troutman Pepper Hamilton
Sanders, LLP, annie.cook@troutman.com
Ms. Melanie Lampton, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,
melanie.lampton@dot.gov
Ms. Elizabeth Nugent, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA,
elizabeth.nugent@dot.gov
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