Compliance Verification Activity Report: CV2122-164 - Trans-Northern Pipelines Inc.

Overview

Compliance verification activity type: Field Inspection

Activity #: CV2122-164
Start date: 2021-05-17
End date: 2021-05-24

Team:

Regulated company: Trans-Northern Pipelines Inc.

Operating company: Trans-Northern Pipelines Inc. (TNPI)

Province(s) / Territory(s):

Discipline(s):

Related events:

Rationale and scope:

This field inspection is focused on follow-up to NNCs observed along TNPI's Mainline during the May 2019 inspection (CV1920-221) and fall 2020 (CV2021-270), namely TNPI's management of Bird protection (bird windows) during operations and maintenance works, aboveground facilities (surface water management systems) and management of contaminated sites. The purpose of these inspections is to verify compliance with the Canadian Energy Regulator Act, the Canadian Energy Regulator Onshore Pipeline Regulations, CSA Z662, and any other relevant plans, manuals, and procedures. The primary focus area of these inspections will be the Environmental Protection Program and implementation at Facility Operations as well as Operations & Maintenance Activities (O&M Activities). The scope of these inspections will include but will not be limited to pre-disturbance planning for O&M Activities, surface water management at facility sites, deactivated facilities, and follow-up to CER CVAs having occurred in 2019 & 2020.

Compliance tool(s) used:

Facility details

Facilities:

Regulatory requirements

Regulatory requirements that apply to this activity:

Observations (no outstanding follow-up required)

Observation 1 - Stations General

Date & time of visit: 2021-05-24 09:00

Discipline: Environmental Protection

Categories:

Facility:

Observations:

CER Officer inspected several stations on TNPIs system, including the:
Como Station
Lancaster Station 
Cornwall Station (Deactivated)
Ottawa Meter Station
Iroquois Station
Maitland Pump Station
Maitland Meter Station
Mallorytown Station
Kilbernie Station
Kingston Pump Station

The main themes of observations are summarized below, grouped by subject.

Environment General

Groundwater Monitoring WellsHazardous Materials  
General Safety

Compliance tool used: No compliance tool used

Observation 2 - Mirabel Meter Station - General

Date & time of visit: 2021-05-18 09:33

Discipline: Damage Prevention

Categories:

Facility:

Observations:

General

Compliance tool used: No compliance tool used

Observation 3 - Notice of Non-Compliance (NNC) - Mirabel Station - Ground Water Well(s) - (CV2122-164 NNC#1)

Date & time of visit: 2021-05-18 09:30

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At TNPI’s Mirabel Station, a water monitoring well having a broken casing (cover) is present. This is the same well that had been identified in CVA 2021-270 and has not yet to be addressed. In the closing meeting, TNPI Representatives indicated the ownership of the groundwater well(s) was unknown and could have been installed under TNPI's direction or could have been completed for and under the direction of a third party. The CER Officer is of the view that regardless of ownership, TNPI controls this workplace and the Mirabel Meter Station. Therefore, it is incumbent upon TNPI to ensure unmitigated potential hazards to the environment (eg infiltration of contaminants into the groundwater) and the potential safety hazard (tripping hazards) for employees or those persons granted access to the site be corrected. Maintenance of groundwater wells remains a best management practice related to water management and the prevention of contamination into a groundwater aquifer and is required pursuant to section 48 of the OPR as per Clause 3.5.4 of TNPI's Environmental Protection Program Manual. 

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

Regulatory requirement:

Relevant section(s):

Company action required:

TNPI will ensure that the identified groundwater monitoring well, as well as any others located within its facility perimeter, and therefore under TNPIs control, are adequately covered and secured. TNPI shall provide photographic evidence once completed. 

Due date: 2021-06-30

Date closed: 2021-05-31
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 - Inspection Officer Order (IOO) - Mirabel Metering Station - Deactivated vs. Decommissioned - (CV2122-164 IOO LMR 2021-001)

Date & time of visit: 2021-05-18 09:33

Discipline: Administrative

Categories:

Facility:

Observations:

General

 
Station Piping and Connected Works 
Deactivated / Decommissioned StateTo address multiple non-compliances cited above, CER Officer has issued Inspection Officer Order (IOO) LMR 001-2021, see IOO LMR 001-2021.  
 

Compliance tool used: Inspection Officer Order (IOO)

Regulatory requirement:

Relevant section(s):

Company action required:

No later than 31 August 2021, TNPI shall:

(a) Provide notice to the undersigned CER Officer including the Decommissioning Project description and scope of work TNPI will be using to determine if they are eligible to proceed pursuant to Exemption Order XO/XG-100-2008 (Decommissioning Streamlining Order).

OR

b) File with the Commission an application pursuant to section 45.1 of the OPR for the Decommissioning Project.

If (a), then also:

i. Fourteen (14) days prior to the commencement of the Decommissioning Project, provide the Construction Schedule, the Site-Specific Environmental Protection Plan, as well as the Site-Specific Safety Plan for the
Decommissioning Project; and 

ii. Complete the Decommissioning Project and associated activities in accordance with the Decommissioning Streamlining Order in the fourth quarter of the 2021 calendar year and no later than 31 December 2021.

Due date: 2021-12-31

Date closed: 2021-10-23
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 - Information Request (IR) - Ottawa Station Water Well - (CV2122-164 IR#1)

Discipline: Environmental Protection

Categories:

Facility:

Observations:

At TNPI’s Ottawa Meter Station, a water well having a casing that is consistent with those normally used for water supply is present. TNPI Representatives present during the field inspection were unable to confirm its purpose and stated that the Station had a municipal water supply in use for potable water at the Station.

Compliance tool used: Information Request (IR)

Regulatory requirement:

Relevant section(s):

Company action required:

Please provide additional information on the observed water well at the Ottawa Station, its historic and/or current use (if any), any future need for it or plans to decommission it, as well as any other pertinent information.

Due date: 2021-05-26

Date closed: 2021-05-31
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

There are no observations with outstanding follow-up

Observation 6 - Pipeline Right-of-Way (RoW) - General

Date & time of visit: 2021-05-24 14:00

Discipline: Damage Prevention

Categories:

Facility:

Observations:

Ottawa Lateral Valve Site - Large asphalt removal equipment staged in TNPI's graveled site adjacent to cropped lands. Painted markings observed in the graveled yard near this equipment. TNPI Representatives were able to confirm with the local TNPI Land Representative that permission to stage this equipment in this area over TNPI's RoW and Prescribed area had been granted.
  
Ottawa River Crossing - Landowner / homeowner accompanied CER Officer in the inspection at this property. Landowner indicated this sign had been installed in the past year. Navigable Waters signage present on the southern shore of the TNPIs Ottawa River Crossing along the shoreline. Signage indicates operating company, emergency contact information, and prohibition for anchoring and dredging. Signage is only in French.
 
Rideau River Crossing - Navigable Waters signage present on both the southeastern and northwestern shores of the TNPI's Rideau River Crossing. Signs are newer and TNPI Representatives indicated that Navigable Water signage along the system has been updated in the past year as part of a signage replacement project. Signage indicates operating company, emergency contact information, and prohibition for anchoring and dredging. Signage is only in English.
 
General RoW - Observed in various urban and rural locations as well as at water course crossings. Water course crossings observed by CER Officer were indistinguishable from the surrounding environment, banks were stable having similar vegetative cover to areas adjacent to RoW. No concerns noted at agricultural land uses of the RoW observed.
 
Road Crossings - Pipeline identification signage observed at road crossings and in other relevant / required areas along the Pipeline RoW, primarily in areas adjacent to TNPI Stations inspected.
 
Vegetation Management – In several areas inspected, notably along RoW near the Ottawa River Crossing, the Rideau River Crossing, Iroquois Station, Mallorytown Station, several forested areas observed to have mature vegetation present. For several areas, vegetation had clearly been allowed to grow without intervention from TNPI maintenance and no brushing activities (vegetation management) had been completed in several years. TNPI Representatives showed awareness of vegetation management requirements associated with access for maintenance, in the event of an emergency, for surveillance and patrols, and for damage prevention requirements. TNPI Representatives indicated that there is currently ongoing planning and updating of procedures and requirements specific to RoW vegetation management needs, their implementation, and in scheduling brushing activities along TNPI's system.
 
Agricultural land – near one Operations and Maintenance (O&M) activity site in agricultural lands along the Pipeline RoW, TNPI Representatives and CER Officer had a brief discussion with a Landowner. In that conversation, the Landowner described the location of a site of historic unauthorized activity on the Pipeline RoW. CER Officer, accompanied by TNPI Representatives and inspected the area in question. Pipeline identification markers observed in pasture / wetlands area and signs of ditch trenching within the prescribed area of the Pipeline. No signs of recent ground disturbance were identified. Nonetheless, TNPI Representatives were able to retrieve records and provide information to the CER Officer with regards to a historic unauthorized activity having occurred at this location. CER Officer is satisfied of the preventative and corrective action taken at the time by TNPI for this site. No further follow-up required.

Compliance tool used: No compliance tool used

Observation 7 - Valves Sites - General

Date & time of visit: 2021-05-24 14:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Three (3) valve sites were inspected, Cornwall, Rideau River, Ottawa Lateral.
Cornwall Valve

Rideau River ValveOttawa Lateral Valve

Compliance tool used: No compliance tool used

Observation 8 - Operations and Maintenance (O&M) Activities

Date & time of visit: 2021-05-24 14:00

Discipline: Safety Management

Categories:

Facility:

Observations:

Three (3) sites part of TNPI's ongoing Integrity Dig Program were observed, each at a different stage of the process. Prior to these inspections CER Officer requested TNPI's spring O&M schedule to assist with planning, which TNPI provided as requested. 

The first O&M location inspected had been recently completed.


The second was active, with the contractor crew on site.The third O&M site in the initial pre-mobilization stage. 
Upcoming O&M Activities (Digs)

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:

- 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

Observation 9 - Information caviardée conformément au paragraphe 144(5) du Code canadien du travail

This information has been redacted pursuant to Section 144(5) of the Canada Labour Code