Compliance Verification Activity Report: CV2122-156 - TransCanada PipeLines Limited

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 1686
• Inspector 2391

Regulated company: TransCanada PipeLines Limited

Operating company: TransCanada PipeLines Limited

Province(s) / Territory(s):

• Ontario

Discipline(s):

• Damage Prevention

Related events:

• DPR2021-204

Rationale and scope:

Verify compliance to the requirements contained within the Onshore Pipeline Regulations (OPR) and the CER Damage Prevention Regulations - Obligations of Pipeline Companies (DPR-Obligations) with a focus on third party oversight procedures. Field Inspection to include document review and site inspection of active third party crossing activity.

Compliance tool(s) used:

• Information Request (IR) (1)

Facility details

Facilities:

• LINE 100-1
• LINE 100-2

Facility Types

• Pipeline
• Pipeline right of way (ROW)

Life-cycle Phases

• Operations

Regulatory requirements

Regulatory requirements that apply to this activity:

• 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 - Damage Prevention Program Pre-Inspection IR

Discipline: Damage Prevention

Categories:

• Damage Prevention Program
• Monitoring
• Public Awareness Program
• Manage and Mitigate
• Pipeline Identification
• Signs
• Watercourses
• Railway and Road RoW
• Monitoring and Reporting
• Patrols, Inspection and Field Observations
• Reporting
• Vehicle or Mobile Equipment Crossings
• Guidelines
• Agricultural Activity
• Authorization and Consent
• Locates and Information
• Locate Requests
• Obligation to Provide Information
• Ground Disturbance
• Authorization and Consent
• Guidelines
• Facility
• Authorization and Consent
• Guidelines

Facility:

• LINE 100-1 (Pipeline)

Observations:

In preparation for the planned field inspection and to assist with document review, the CER IOs require information pertaining to the TransCanada PipeLines Limited (TCPL) Damage Prevention Program as required pursuant to section 47.2 of the OPR. 
 

Compliance tool used: Information Request (IR)

Regulatory requirement:

• Onshore Pipeline Regulations (OPR)

Relevant section(s):

• • 47.2 A company shall develop, implement and maintain a damage prevention program that anticipates, prevents, manages and mitigates damage to its pipeline and meets the requirements set out in section 16 of the National Energy Board Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies.

Company action required:

• Refer to the Documents Section in the link provided for the full text of this Pre-Inspection Information Request.
• Indicate which documents within your company’s Damage Prevention Program or related program address the applicable regulatory requirements.
  • Include details such as document name and applicable sections and/or page numbers.
  • Please do not attach documents at this time. All responses must be entered into the template provided. 
• Follow the instructions provided in the Documents Section to upload and submit your company response by the specified due date.

Due date: 2021-09-02

Date closed: 2021-11-04
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 2 - Worksite #1 - Field Visit of Hand Tunneling 3rd Party Project

Date & time of visit: 2021-11-03 08:00

Discipline: Damage Prevention

Categories:

• RoW Maintenance
• Access
• Vegetation
• Monitoring and Reporting
• Records
• Patrols, Inspection and Field Observations
• Pipeline Identification
• Signs
• Locate Markings
• Vehicle or Mobile Equipment Crossings
• Authorization and Consent
• Temporary Crossings
• Locates and Information
• Locate Requests
• Ground Disturbance
• Authorization and Consent
• Facility
• Authorization and Consent

Facility:

• LINE 100-1 (Pipeline)

Observations:

The planned 3rd party project consisted of a tunnel to be dug by hand northbound (entry point south and exit point north of the right-of-way) under TCPL Line 100-2 and Line 100-1 for the installation of a 3rd party waterline. This trenchless construction method required that a 4-feet diameter steel casing be advanced through the tunnel, where workers hand-excavated soil material at the tunnel face while excavated soil was removed from the tunnel by a cart system.

The CER IOs accompanied TC Energy representatives and 3rd party project Site Supervisor onto the worksite. The work being performed at the time of the field visit was hand tunnelling under the RoW (northbound). CER IOs were informed that the tunnel face at that time was between Line 100-2 and Line 100-1:

• The waterline installation was part of a proposed housing development along the south side of the right-of-way (RoW). A snow fence was installed along both edges of the RoW to provide a visual barrier to prevent unauthorized access.
• TCPL pipelines were staked using wooden stakes to mark the pipelines. CER IOs were informed that the class upgrade was recently completed at that location. TC Energy signage in accordance with CSA Z662 was also present on the RoW and the vegetation on the RoW was grass. 
• A large metal trench box was installed outside the RoW (south side) for the hand tunnelling activities being undertaken. The path for the waterline going accross the RoW was staked with wooden stakes (identified by orange-painted tips and ribbons attached).
• Excavated soil was observed to be placed outside the RoW.
• A steel plate was placed on the RoW to allow for crossing of a hydrovac truck on the RoW for the tunnel casing sight hole and pipeline daylight holes. A dirt access ramp was in place on the edge of the RoW to allow acces by hydrovac trucks.
• A sight hole to allow for visual confirmation of the tunnel casing was observed near TCPL Line 100-1, as well as a daylight hole directly over the Line 100-1. 
• Excavated daylight hole for Line 100-1 and casing sight hole were covered with plywood and a large cone and barricaded by snow fence. 
• CER IOs were informed that the casing sight hole and daylight hole over Line 100-2 had already been dug by hydrovac and backfilled. TCPL representatives indicated that the required clearance between the bottom of the pipeline and the top of the casing was confirmed at that time. 
• TCPL representatives confirmed that no pressure reduction was required for the 3rd party work near the pipeline.

• Fully executed and signed crossing agreement for the waterline crossing the 2 TCPL pipelines.
• The completed and signed Stake-Out Report/Ground Disturbance Approval associated with the waterline installation on the RoW dated 27 October 2021:
  • Written safety information was found under the "Disclaimer" section of this document.
  • This document cross-referenced the crossing agreement issued and is provided to the 3rd party after the locate request.

Compliance tool used: No compliance tool used

Observation 3 - Worksite #2 - Field Visit of Temporary Ramp (Gravel Access Road) Construction

Date & time of visit: 2021-11-03 10:00

Discipline: Damage Prevention

Categories:

• RoW Maintenance
• Vegetation
• Monitoring and Reporting
• Records
• Patrols, Inspection and Field Observations
• Pipeline Identification
• Signs
• Locate Markings
• Vehicle or Mobile Equipment Crossings
• Authorization and Consent
• Temporary Crossings
• Locates and Information
• Locate Requests
• Facility
• Authorization and Consent

Facility:

• LINE 100-1 (Pipeline)

Observations:

The CER IOs accompanied TC Energy representatives to an active construction site where a 3rd party contractor was building a temporary gravel ramp on top of the TCPL right-of-way (RoW) to allow access for the subsequent construction of a storm management pond south of the RoW. The gravel ramp was almost completely built at the time of the inspection:  

• Geotextile material was laid out under the gravel ramp. 
• TCPL pipelines were staked using wooden stakes to mark the pipelines. A snow fence was erected along the edges of the RoW.
• CER IOs were informed of the following:
  • the depth of cover over TCPL Line 100-2 and Line 100-1 was verified by TC Energy prior to the construction of the gravel ramp. 
  • the crossing agreement provided the minimum depth of cover over the pipelines in any part of the crossing location not be less than 1.4 metres. It was later confirmed that the 3rd party contractor exceeded the requirement.
  • only one vehicle is allowed on the RoW at a time for the building of the gravel ramp. This will also apply upon completion of the gravel ramp during future construction work.
  • the class upgrade at this location has not been completed yet (tentatively in April 2022).
  • a TC Energy representative was onsite for the duration of the gravel ramp construction.
  • no pressure reduction was required for the gravel ramp construction.
  • a snow fence is planned to be installed on the edge of the gravel ramp to provide a visual barrier for drivers and limit the number of vehicles on the ramp at any given time (i.e. one at a time).
  • a 3rd party surveyor verifies that the ramp is built in accordance with the technical details in the crossing agreement.

Compliance tool used: No compliance tool used

Observation 4 - Location of Previous Unauthorized Activity

Date & time of visit: 2021-11-04 11:00

Discipline: Damage Prevention

Categories:

• Pipeline Identification
• Signs
• Locate Markings
• Locates and Information
• Locate Requests
• Ground Disturbance
• Authorization and Consent
• Monitoring and Reporting
• Reporting

Facility:

• LINE 100-1 (Pipeline)

Observations:

CER IOs accompanied TC Energy representatives to the site of a recent unauthorized activity which was discoverd by the pipeline company in August 2021. Upon arrival at the site of the unauthorized activity, CER IOs observed evidence of a narrow trench where a silt fence had been installed as well as signs of grading and removal of earth cover on the RoW (but not directly over the pipe). The silt fence was installed along the RoW at that time. The TC Energy representatives indicated that they were present for the relocation of the silt fence and for the earth work on the RoW and confirmed that the depth of cover directly over the pipe was not affected.

This unauthorized activity (or DPR contravention) is being reviewed under a separate CER process (CER File DPR2021-204).

Compliance tool used: No compliance tool used

Observation 5 - Line Locate for Ground Disturbance within the Prescribed Area

Date & time of visit: 2021-11-04 11:30

Discipline: Damage Prevention

Categories:

• Locates and Information
• Locate Requests

Facility:

• LINE 100-1 (Pipeline)

Observations:

CER IOs accompanied TC Energy representatives responding to a locate request that was received the day before for ground disturbance to be conducted outside of the ROW but within the prescribed area:

• CER IOs were informed that the proposed scope of work was within the fenced facility of Enbridge, beside the TC Energy Oshawa Meter Station.
• IOs observed some pink and yellow locating stakes, as well as some faded paint markes, that were still in place from a previous line locating and marking.
• The TC Energy representative demonstrated to IOs how to locate the pipeline using a radiodetection locator (RD7100) by direct connection method and the process taken in order to locate and mark the pipeline (yellow paint). The demonstration took place outside the nearby fenced TC Energy facility, where the TC representative mentioned that he would continue at a later time for the locating and marking within the fenced facility. 
• As the activity was taking place in the prescribed area but outside the ROW, the Crossing and Encroachment Procedure Canada applied where regional approval was required via the Stakeout Report and Ground Disturbance Approval (no Fully Executed Crossing Agreement was required in this instance).

Compliance tool used: No compliance tool used

Observation 6 - Follow-up on CV2122-251 - Document Control

Date & time of visit: 2021-11-03 07:30

Discipline: Damage Prevention

Categories:

• Damage Prevention Program
• Manage and Mitigate

Facility:

Observations:

During the opening meeting, CER IO’s followed up with TC Energy’s Notice of Non-compliance - Document Control issued for CV2021-251. TC Energy field staff provided TC Energy’s response for IO’s review with TC Energy’s commitment to have the updated documents and review that reflect the CER regulatory requirements pursuant to the OPR s.6.5 (o) initiated by the end of November 2021 with an estimated publish date of January 2022.  
 

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: