Compliance verification activity type: Field Inspection
Team:
Regulated company: Alliance Pipeline Ltd.
Operating company: Alliance Pipeline Ltd.
Province(s) / Territory(s):
Discipline(s):
Rationale and scope:
Damage Prevention field inspection to verify compliance with NEB Damage Prevention Regulations and NEB Onshore Pipeline Regulations requirements, focusing on agricultural, forested, and developed areas near Grande Prairie, Alberta.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Additional Project-specific requirements or conditions:
Observation 1 - General Observations
Date & time of visit: 2019-07-23 09:00
Discipline: Damage Prevention
Categories:
Facility:
Observations:
The inspection related to the Grande Prairie (GP) Alberta area. The majority of pipeline right-of-way (ROW) in the area is surrounded by agricultural and Crown land.Public Awareness (PA) Program
Compliance tool used: No compliance tool used
Observation 2 - NNC 1: Obligations Following Request to Locate
Date & time of visit: 2019-07-23 11:15
Although Alliance provided a copy of a standard Facility Crossing Agreement, the NEB IO is of the view that Alliance did not provide documentation that demonstrates how it meets the requirements of section 6(1)(a) of the NEB Pipeline Damage Prevention Regulations (DPR) - Obligations of Pipeline Companies which states:
6 (1) Subject to subsection (2), if a pipeline company receives a request to locate its pipes from a person that intends to construct a facility across, on, along or under a pipeline or engage in an activity that would cause a ground disturbance within the prescribed area, the pipeline company must, within three working days after the day on which the request is made, or any longer period agreed to by the pipeline company and that person
(a) inform the person, in writing, of safety practices to be followed while working in the vicinity of its pipes and, in case of a ground disturbance, within the prescribed area (emphasis added)
Compliance tool used: Notice of Non-compliance (NNC)
Regulatory requirement:
Relevant section(s):
Company action required:
Alliance shall provide NEB Inspectors with documentation that demonstates how it meets the requirements of section 6(1)(a) of the NEB DPR - Obligations of Pipeline Companies.
Due date: 2019-11-08
Date closed: 2019-11-08 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 3 - NNC 2 - Implementation of Field Inspection Procedures
Date & time of visit: 2019-07-23 11:00
Alliance field employees indicated they are required to be onsite and follow procedures to ensure oversight of third party activities near their facilities. There are regulatory expectations related to:
Alliance shall provide NEB Inspectors with documentation that demonstrates how field inspection procedures are being implemented per section 6.5 (1) (f) of the OPR.
Observation 4 - Information Request 1: Obligations Respecting Certain Locations - Agricultural Activity
Date & time of visit: 2019-07-23 10:00
Section 7 of the NEB Pipeline Damage Prevention Regulations (DPR) - Obligations of Pipeline Companies states:Even if the conditions set out in paragraph 13(1)(a) of the NEB DPR - Authorizations is met, when the operation of vehicles or mobile equipment across a pipeline at specific locations for the purposes of performing an agricultural activity could impair the pipeline's safety or security, the pipeline company must identify those locations and notify the following persons in writing of those locations:(a) landowners of the specific locations in question; and(b) persons that are engaged in agricultural activities, rent or lease the land or work as service providers or employees at the specific locations in question.
Compliance tool used: Information Request (IR)
Alliance shall provide NEB Inspectors with documentation that demonstrates how the pipeline company meets the requirements of Section 7 of the NEB DPR - Obligations of Pipeline Companies.
Due date: 2019-09-30
Date closed: 2019-10-01 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.
Observation 5 - Information Request 2: Maintenance of Pipeline Markers
CSA Z662-19 section 10.5.3.9 states:Signs shall be inspected periodically and maintained to ensure legibility and visibility.
Alliance shall provide NEB Inspectors with documentation that demonstrates how the pipeline company meets the requirements of CSA Z662-19 section 10.5.3.9.
Observation 6 - Information Request 3: Suspension of Consent - Grounds and Notify Board
Date & time of visit: 2019-07-24 12:00
Section 10(1) of the NEB Pipeline Damage Prevention Regulations (DPR) - Obligations of Pipeline Companies states:The pipeline company may suspend the consent that it granted to construct a facility or to engage in an activity that causes a ground disturbance within the prescribed area if(a) the person carrying out the construction of a facility does not comply with the technical details and the conditions referred to in paragraph 7(3 (a) of the NEB Pipeline DPR - Authorizations or the instructions referred to in paragraph 7(3)(c) of those Regulations;(b) the person engaging in an activity that causes a ground disturbance does not comply with the technical details and the conditions referred to in paragraph (10)(3)(a) of the NEB Pipeline DPR - Authorizations or the instructions referred to in paragraph 10(3)(d) of those Regulations; or(c) work practices might impair the pipeline's safety or security. Section 10(2) of the DPR - Obligations of Pipeline Companies states:If a pipeline company suspends its consent pursuant to subsection (1), it must immediately notify the Board in writing of the suspension and give its reasons for the suspension.
Alliance shall provide NEB Inspectors with documentation that demonstrates how it meets the requirements of section 10(1)(a-c) and section 10(2) of the DPR - Obligations of Pipeline Companies.
Date closed: 2019-09-30 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.
Observation 7 - NNC 3 - Obligations Respecting Certain Locations - Agricultural Activity
On 30 September 2019, in response to IR 1, Alliance did not provide Inspectors with documentation that demonstrates how the pipeline company meets the requirements of Section 7 of the NEB DPR - Obligations of Pipeline Companies. On 1 October 2019, the contents of IR 1 were transferred into the issuance of NNC 3.
Alliance shall provide Inspectors with documentation that demonstrates how the pipeline company meets the requirements of Section 7 of the NEB DPR - Obligations of Pipeline Companies.
Observation 8 - NNC 4 - Maintenance of Pipeline Markers
On 30 September 2019, in response to IR 2, Alliance did not provide Inspectors with documentation that demonstrates how the pipeline company meets the requirements of CSA Z662-19 section 10.5.3.9.On 1 October 2019, the contents of IR 2 were transferred into the issuance of NNC 4 with company corrective action due date for NNC 4 of 7 November 2019.
Alliance shall provide Inspectors with documentation that demonstrates how the pipeline company meets the requirements of CSA Z662-19 section 10.5.3.9.
Due date: 2020-01-31
Date closed: 2020-02-03 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.
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