{"operation":"document","citation":"CPF 520121003M","title":"TRANSCANADA NORTHERN BORDER INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-02-21","effective_on":null,"summary":"CLOSED notice of amendment citing 192.805(a), 192.805(b), 192.805(e), 192.805(h), 192.807(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520121003M","body":"Notice of Amendment involving TRANSCANADA NORTHERN BORDER INC. PHMSA's enforcement data identifies the cited regulations as 192.805(a),  192.805(b),  192.805(e),  192.805(h),  192.807(a). The case was opened on 2012-02-21 and is reported as closed as of 2013-08-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520121003M_closure letter_08202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_closure%20letter_08202013.pdf\n\n520121003M_closure letter_08202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_closure%20letter_08202013_text.pdf\n\n520121003M_notice of amendment_02212012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_notice%20of%20amendment_02212012.pdf\n\n520121003M_notice of amendment_02212012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_notice%20of%20amendment_02212012_text.pdf\n\n520121003M_closure letter_08202013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 20, 2013\nTransCanada\nMr. Vern Meier\nVP, US Pipelines, Field Operations\nTransCanada Corporation\n717 Texas Avenue\nHouston, TX 77002\nCPF 5-2012-1003M\nClosure Letter\nDear Mr. Meier:\nOn March 8-9, 2011, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of TransCanada procedures in Omaha, Nebraska. As a result of\nthe inspection, TransCanada was issued a Notice of Amendment on February 21, 2012, which\nproposed amendment of your procedures.\nTransCanada submitted its amended procedures on March 12, 2013. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Haddow (#132723)\n\n520121003M_notice of amendment_02212012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 21, 2012\nMr. Vern Meier\nVP, US Pipelines, Field Operations\nTransCanada Corporation\n717 Texas Avenue\nHouston, TX 77002\nCPF 5-2012-1003M\nDear Mr. Meier:\nOn March 8-9, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nTransCanada’s procedures for Operator Qualification, dated October 28, 2010 in Omaha,\nNebraska.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nTransCanada’s Operator Qualification plans or procedures, as described below:\n1. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nTransCanada’s Operator Qualification Manual Revision 6.0 dated October 28, 2010 did not\ncontain procedures in Section 6 for a process to ensure individuals are reevaluated in the event\nthat an evaluator is disqualified.\n\n\n\n2. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline facilities;\nTransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not\ninclude a process to ensure contractor employees conducting “covered tasks” are trained and\nevaluated with respect to TransCanada’s Operations and Maintenance Manual.\n3. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\nSection 3.01 in TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28,\n2010, did not include several common covered tasks such as pipeline lowering in, pipeline\nmoving, operation of pig traps, use of nitrogen plugs, and pipe coating.\n4. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nTransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not\ninclude a process to ensure newly-acquired company and contractor individuals are qualified in\nthe event that TransCanada purchases another operator’s pipeline. Incorporation of another\noperator’s OQ Plan and records must be included in the purchase of other pipeline companies.\n5. §192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) Qualification records shall include:\n(1) Identification of qualified individual(s);\n(2) Identification of the covered tasks the individual is qualified to perform;\n(3) Date(s) of current qualification; and\n(4) Qualification method(s).\nTransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not\ninclude a process to review contractor OQ records to assure accuracy.\n\n\n\n6. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nTransCanada did not fully ensure through evaluation that individuals performing covered tasks\nare qualified. In order to be qualified, an individual must be able to perform assigned covered\ntasks and recognize and react to abnormal conditions. TransCanada’s Operator Qualification\nManual Revision 6.0, dated October 28, 2010, did not include an adequately detailed list of\napproved responses to specific Abnormal Operating Conditions.\n7. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(e) Evaluate an individual if the operator has reason to believe that the individual is\nno longer qualified to perform a covered task;\nTransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, had no\nprovisions to ensure contractor individuals are notified when they are disqualified.\n8. §192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) Qualification records shall include:\n(1) Identification of qualified individual(s);\n(2) Identification of the covered tasks the individual is qualified to perform;\n(3) Date(s) of current qualification; and\n(4) Qualification method(s).\nTransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not\ninclude a process to access, track, communicate, and monitor records of each individual’s names\nthat performed specific covered task when company and contractor individuals were performing\nmultiple covered tasks on different segments of large projects. This is required to readily\ndetermine if the individuals were qualified to perform the covered task at the time the tasks were\nperformed.\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 60 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that TransCanada Corporation maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2012-1003M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Haddow (#132723)","truncated":false,"body_characters":9875}