Compliance Verification Activity Report: CV2021-158 - Plains Midstream Canada ULC

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2408
• Inspector 2391

Regulated company: Plains Midstream Canada ULC

Operating company: Plains Midstream Canada ULC

Province(s) / Territory(s):

• Ontario

Discipline(s):

• Damage Prevention

Rationale and scope:

[Inspection to verify the implementation of CAPAs from incident in ON region follow up regarding third party oversight]

Compliance tool(s) used:

• None

Facility details

Facilities:

Facility Types

• Pipeline
• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Operations

Regulatory requirements

Regulatory requirements that apply to this activity:

• Canada Labour Code (CLC)
• Canada Labour Code (CLC)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Act (CERA)
• Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations
• Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies
• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• Standards
• CSA Z662-19 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - Third Party Crossing Elmdale Ave LaSalle Ontario

Date & time of visit: 2021-03-16 09:30

Discipline: Damage Prevention

Categories:

• Damage Prevention Program
• Monitoring
• Manage and Mitigate
• Monitoring and Reporting
• Records
• Patrols, Inspection and Field Observations
• Reporting
• Pipeline Identification
• Watercourses
• Locate Markings
• Locates and Information
• Locate Requests
• Duty to Inform
• One-call Centre
• Obligation to Provide Information
• Ground Disturbance
• Authorization and Consent
• Temporary Prohibition Area
• Guidelines

Facility:

Observations:

CER inspectors visited the site of a third party hydrovac activity in preparation for the installation of a fibre optic line installation via horizontal directional drill(HDD) in the prescribed area within 1m of 3 of the Plains pipelines.

• The CER reviewed the executed crossing/ground disturbance agreement and completed locate form issued to the third party by Plains and found that they contained specific written safety measures for the third party activity being conducted.
• The CER were escorted to the crossing/ground disturbance location by the Plains field representative and told:
  • Plains does not employ contractors for locates or field representation, only competent Plains employees act as field representatives and conduct locates.
  • The CER observed that the Plains ‘Pre-Ground Disturbance Tail-Gate Meeting Checklist’ was completed and discussed with the third party prior to the activity beginning. This included a discussion of safety  and in case of emergency measures to be followed.
  • The CER observed that the third party activity was inspected per the Plains ‘Third Party Crossings, Proximities and Encroachment Inspection Procedure’ that the CER had reviewed ahead of the inspection.
  • The CER were told that a field representative is required to be on site during all activities within 5m of the pipe and will remain until the work is complete. This is also described in the locate form.
  • The field representative told the CER that their role during the activity was to ensure that the Plains pipe was daylighted in a number of areas along the line prior to the HDD commencing its crossing activity; and to verify the continued safety of the Plains pipelines by remaining at the point of intersection and ensuring that the third party follows the conditions in the executed crossing agreement.
  • The CER were told that the third party HDD would cross the Plains pipes in 1 locations with a separation of approximately 1m above the Plains pipelines.
• The CER noted that the Plains pipe was located and marked using yellow paint and flags. The field representative told the CER that the 3 lines being crossed were re-located the day prior to the crossing/ground disturbance activity. The CER observed the field representative conduct additional locates of its pipe at the crossing location during the hydrovac activities.
• The field representative explained the locate process and equipment used in detail to the CER in addition to providing the CER IOs with a demonstration and the CER IOs were provided with the opportunity to locate the Plains pipe in order to understand the process more holistically.
• The CER were on site during the hydrovac and backfill activities. Plains field representative provided instructions to the third party on the materials that were to be used for the backfill and the manner in which to conduct the backfill to ensure the safety of the pipe.
• The CER was told that an inspection report will be completed by the field inspector once the work under the crossing agreement has been completed per the Plains Crossing, Proximity and Encroachment Process in addition to any backfill reports that are required where the pipe has been exposed.
• The CER observed that Plains' ROW markers were present and met the regulatory requirements.
• The CER were told that Plains has COVID protocols in place which included social distancing and the use of face masks.
• The CER observed that there are instances during the hydrovac activities where the field inspector was unable to maintain the 2m separation. Plains advised that it will ensure processes are in place to mitigate this hazard.

Compliance tool used: No compliance tool used

Observation 2 - General

Date & time of visit: 2021-03-16 11:00

Discipline: Damage Prevention

Categories:

• RoW Maintenance
• Access
• Vegetation
• Damage Prevention Program
• Monitoring
• Pipeline Identification
• Signs
• Locate Markings
• Locates and Information
• Locate Requests

Facility:

Observations:

During the damage prevention field inspection the following were noted:

• CER staff conducted a field right-of-way inspection in LaSalle Ontario. 
• Prior to the field inspection the CER verified that Plains had procedures in place with respect to third party activities and reviewed a number of the procedures related to activities that were to be observed during the CER's inspection. For example the CER reviewed the Plains 'Third Party Crossings, Proximities and Encroachment Agreement Procedure',  the 'Third Party Crossings, Proximities and Encroachment Inspection Procedure' and the 'Right of Way Signage Procedure'.
• The CER tested the following emergency phone numbers 866-875-2554 and 800-265-1423. They were answered by a person immediately. The person who answered the line also confirmed the phone lines are answered 24/7 by person and do not go to an answering machine.
• CER staff observed Plains's RoW signage to be in good condition and in compliance with CSA Z662-15 10.5.3.3, and in conformance with the Plains signage procedure.
• CER staff observed the right-of-way to be maintained such that vegetation was controlled to ensure adequate visibility as per CSA Z662-15 10.6.2. 
• CER staff observed water crossings and signs were appropriately located and marked as per CSA Z662-15 10.5.3.7.
• The CER was provided with three weekly aerial patrol reports related to the month of January 2021. The CER found the reports to be detailed containing pilot observations and photos with respect to activities and the condition of the right-of-way (ROW) between Sarnia and Windsor ON. The reports not only included new activity, but documented existing activity that was recurring on the ROW from week to week including Plains OM activity.  
• The CER reviewed Plains' external website and verified that it contained:
  • emergency contact information;
  • technical guideline information for vehicle crossings, ground disturbance, and construction of a facility
  • public awareness information to inform those living and working around the pipeline of such things as the presence of a pipeline in their area, how to work safely near a pipeline, and what to do in case of an emergency.
• Plains stated that they inform landowners of their duty to inform contractors and their responsibilities through Plains's public awareness program via mailout and telephone calls. Due to COVID-19 all face to face visits are currently suspended;
• As part of this inspection the CER visited an active construction site for a new housing development adjacent to the Plains pipeline where there have been previously reported unauthorized activities. The CER noted that ROW signage and locate markers were present.

Compliance tool used: No compliance tool used

Observations (company follow-up required)

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