Compliance Verification Activity Report: CV2021-251 - TransCanada Keystone Pipeline GP Ltd.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2021-251
Start date: 2021-06-18
End date: 2021-06-22

Team:

Regulated company: TransCanada Keystone Pipeline GP Ltd.

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

Discipline(s):

Rationale and scope:

Inspection of third party oversight [Verify compliance to the OPR and DPR with focus on third party oversight procedures]

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - Damage Prevention Document review - General Observations

Date & time of visit: 2021-01-29 11:59

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Observations
The Canada Energy Regulator (CER) inspections officers (IO) met with TC Energy (TC) who operates the Keystone Pipeline System located in AB/SK to conduct the CER’s close out meeting. The virtual meeting for the desktop document review of TC’s Damage Prevention Program occurred on 18 June, 2021.

Inspection focus:
Due to COVID travel restrictions and a lack of third party activity on the right of way, the CER IOs did not conduct a field inspection to confirm field implementation of the third party oversight procedures.
 
Specific documents provided for review included:

Compliance tool used: No compliance tool used

Observation 2 - Locate Request Timelines

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Inpection Officers were unable to find timeline information with respect to locate requests.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the document and page number that describes TC Energy timelines for locate requests.

Due date: 2021-05-28

Date closed: 2021-06-22
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 3 - Monitoring Changes to Landownership

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Inspection officers did not locate procedures describing the process for monitoring landownership.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the document and page numbers that describe the procedures TC Energy uses to monitor landownership changes on which the pipeline is located.

Due date: 2021-05-28

Date closed: 2021-07-08
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 4 - Checklists for Aerial Patrols

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Inspection officers did not observe any checklist meant to be utilized during aerial patrols.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide any checklist and/or procedure utilized during aerial patrols.

Due date: 2021-05-28

Date closed: 2021-06-22
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 5 - Oversight during Backfilling

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Inspection officers did not locate procedures for the supervision of backfilling over a pipe to ensure no damage to the pipe has occurred and how field observations are captured.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide procedures for the supervision of backfilling over a pipe to ensure no damage to the pipe has occurred and how field observations are captured.

Due date: 2021-05-28

Date closed: 2021-06-22
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 6 - Process for Suspension of Consent

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Inspection officers did not observe sections describing a process for suspension of consent in cases where the activity being performed did not comply with the technical details accepted by the pipeline company.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide the document and page numbers that demonstrate TC Energy's process to suspend consent to a person that was granted to construct a facility or engage in ground disturbance and does not comply with the technical details.  

Due date: 2021-05-28

Date closed: 2021-06-22
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 7 - Notice of non-compliance - Document Control

Date & time of visit: 2021-06-18 13:30

Discipline: Management System

Categories:

Facility:

Observations:

During the document review, the CER IO's observed that some of TC Energy’s (TC) documentation did not accurately reference the current regulatory requirements pursuant to the Onshore Pipeline Regulations (OPR) s.6.5(o) and is in non-compliance.  

The following documentations were observed:

Compliance tool used: Notice of Non-compliance (NNC)

Regulatory requirement:

Relevant section(s):

Company action required:

  1. Assess and ensure that all of its Damage Prevention documentation accurately reflect the CER regulatory requirements pursuant to the OPR s.6.5(o).
  2. Provide a training and implemention plan with respect to the document revisions in item 1.
Examples of documentation requiring updates includes: Provide an interim communication to impacted staff advising of the non-compliances and accurate regulatory references.

Due date: 2021-08-21

Date closed: 2021-07-14
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observation 8 - IR - Training an Implementation Plan

Discipline: Damage Prevention

Categories:

Facility:

Observations:

A training and implementation plan shall be developed as per corrective actions in Notice of Non-Compliance.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Provide a copy of the training and implementation plan required as per the Notice of Non-Compliance.

Due date: 2021-10-08

Date closed: 2021-10-20
Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.

Reason closed: Requirement met

Compliance achieved: Yes

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to:

- the condition of an authorization document that requires the implementation of that plan or procedure; or

- the relevant section of the regulations that requires implementation of that plan or procedure including those sections that require implementation of plans or procedures as a part of a Program