# TRANSCANADA NORTHERN BORDER INC — Notice of Amendment

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

Official case documents:

520121003M_closure letter_08202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_closure%20letter_08202013.pdf

520121003M_closure letter_08202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_closure%20letter_08202013_text.pdf

520121003M_notice of amendment_02212012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_notice%20of%20amendment_02212012.pdf

520121003M_notice of amendment_02212012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121003M/520121003M_notice%20of%20amendment_02212012_text.pdf

520121003M_closure letter_08202013_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 20, 2013
TransCanada
Mr. Vern Meier
VP, US Pipelines, Field Operations
TransCanada Corporation
717 Texas Avenue
Houston, TX 77002
CPF 5-2012-1003M
Closure Letter
Dear Mr. Meier:
On March 8-9, 2011, a representative from the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-
site pipeline safety inspection of TransCanada procedures in Omaha, Nebraska. As a result of
the inspection, TransCanada was issued a Notice of Amendment on February 21, 2012, which
proposed amendment of your procedures.
TransCanada submitted its amended procedures on March 12, 2013. My staff reviewed the
amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment
have been corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Haddow (#132723)

520121003M_notice of amendment_02212012_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 21, 2012
Mr. Vern Meier
VP, US Pipelines, Field Operations
TransCanada Corporation
717 Texas Avenue
Houston, TX 77002
CPF 5-2012-1003M
Dear Mr. Meier:
On March 8-9, 2011, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected
TransCanada’s procedures for Operator Qualification, dated October 28, 2010 in Omaha,
Nebraska.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
TransCanada’s Operator Qualification plans or procedures, as described below:
1. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(b) Ensure through evaluation that individuals performing covered tasks are
qualified;
TransCanada’s Operator Qualification Manual Revision 6.0 dated October 28, 2010 did not
contain procedures in Section 6 for a process to ensure individuals are reevaluated in the event
that an evaluator is disqualified.



2. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(h) After December 16, 2004, provide training, as appropriate, to ensure that
individuals performing covered tasks have the necessary knowledge and skills to
perform the tasks in a manner that ensures the safe operation of pipeline facilities;
TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not
include a process to ensure contractor employees conducting “covered tasks” are trained and
evaluated with respect to TransCanada’s Operations and Maintenance Manual.
3. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(a) Identify covered tasks;
Section 3.01 in TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28,
2010, did not include several common covered tasks such as pipeline lowering in, pipeline
moving, operation of pig traps, use of nitrogen plugs, and pipe coating.
4. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(b) Ensure through evaluation that individuals performing covered tasks are
qualified;
TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not
include a process to ensure newly-acquired company and contractor individuals are qualified in
the event that TransCanada purchases another operator’s pipeline. Incorporation of another
operator’s OQ Plan and records must be included in the purchase of other pipeline companies.
5. §192.807 Recordkeeping.
Each operator shall maintain records that demonstrate compliance with this
subpart.
(a) Qualification records shall include:
(1) Identification of qualified individual(s);
(2) Identification of the covered tasks the individual is qualified to perform;
(3) Date(s) of current qualification; and
(4) Qualification method(s).
TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not
include a process to review contractor OQ records to assure accuracy.



6. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(b) Ensure through evaluation that individuals performing covered tasks are
qualified;
TransCanada did not fully ensure through evaluation that individuals performing covered tasks
are qualified. In order to be qualified, an individual must be able to perform assigned covered
tasks and recognize and react to abnormal conditions. TransCanada’s Operator Qualification
Manual Revision 6.0, dated October 28, 2010, did not include an adequately detailed list of
approved responses to specific Abnormal Operating Conditions.
7. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(e) Evaluate an individual if the operator has reason to believe that the individual is
no longer qualified to perform a covered task;
TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, had no
provisions to ensure contractor individuals are notified when they are disqualified.
8. §192.807 Recordkeeping.
Each operator shall maintain records that demonstrate compliance with this
subpart.
(a) Qualification records shall include:
(1) Identification of qualified individual(s);
(2) Identification of the covered tasks the individual is qualified to perform;
(3) Date(s) of current qualification; and
(4) Qualification method(s).
TransCanada’s Operator Qualification Manual Revision 6.0, dated October 28, 2010, did not
include a process to access, track, communicate, and monitor records of each individual’s names
that performed specific covered task when company and contractor individuals were performing
multiple covered tasks on different segments of large projects. This is required to readily
determine if the individuals were qualified to perform the covered task at the time the tasks were
performed.



Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days
of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in
this Notice without further notice to you and to issue a Final Order.
If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in
this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies
(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your
amended procedures to my office within 60 days of receipt of this Notice. This period may be
extended by written request for good cause. Once the inadequacies identified herein have been
addressed in your amended procedures, this enforcement action will be closed.
It is requested (not mandated) that TransCanada Corporation maintain documentation of the
safety improvement costs associated with fulfilling this Notice of Amendment
(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director,
Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence
concerning this matter, please refer to CPF 5-2012-1003M and, for each document you submit,
please provide a copy in electronic format whenever possible.
Sincerely,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
cc: PHP-60 Compliance Registry
PHP-500 J. Haddow (#132723)
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