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Order MP-001-2019 to Trans Northern Pipelines Inc. pursuant to section 51.1 of the National Energy Board Act

INSPECTION OFFICER ORDER NO. MP-001-2019

IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1

Information not available

is employed by Trans Northern Pipelines Inc. (TNPI).

On or about 30-31 July 2019, the undersigned National Energy Board Inspection Officer conducted an implementation assessment meeting at TNPI’s main office in Richmond Hill, Ontario.

The Inspection Officer has determined that a hazard is being or will be caused based on the following facts:

TNPI did not demonstrate it has developed, established, implemented, maintained and documented processes prescribed by the National Energy Board Onshore Pipeline Regulations (OPR). The Environmental Protection Program is deficient in numerous aspects, in particular, TNPI’s contaminated sites management, remediation and Operations and Maintenance processes were deficient or nonexistent.

Non-compliances with the OPR were identified, including:

Non-compliances with the OPR
Requirements (section of OPR) Observations
6.1 A company shall establish, implement and maintain a management system that (a) is systematic, explicit, comprehensive and proactive; (b) integrates the company’s operational activities and technical systems with its management of human and financial resources to enable the company to meet its obligations under section 6; (c) applies to all the company’s activities involving the design, construction, operation or abandonment of a pipeline and to the programs referred to in section 55; (d) ensures coordination between the programs referred to in section 55; and (e) corresponds to the size of the company, to the scope, nature and complexity of its activities and to the hazards and risks associated with those activities. TNPI was unable to demonstrate that it has an established management system for its environmental protection program. Processes were either not developed or not documented. The approach was not systematic and not comprehensive. Many important environmental hazards and/or risks associated with TNPI’S activities were not covered by its management system.
6.4 The company must have a documented organizational structure that enables it to (a) meet the requirements of the management system and meet its obligations under section 6; (b) determine and communicate the roles, responsibilities and authority of the officers and employees at all levels of the company; and (c) demonstrate, based on an annual documented evaluation of need, that the human resources allocated to establishing, implementing and maintaining the management system are sufficient to meet the requirements of the management system and to meet the company’s obligations under section 6. TNPI was unable to demonstrate that roles, responsibilities and authority of the officers and employees at all levels of the company were documented or communicated.

TNPI was unable to demonstrate a documented evaluation of needs commensurate to the needs of the organization.
6.5 (1) A company shall, as part of its management system and the programs referred to in section 55  
  • (d) establish and maintain an inventory of the identified hazards and potential hazards list of hazards and potential hazards;
TNPI was unable demonstrate that its hazard identified were granular enough to encompass all hazards to the environment. Hazards identified did not capture inherent hazards with historical contamination.
  • (e) establish and implement a process for evaluating and managing the risks associated with the identified hazards, including the risks related to normal and abnormal operating conditions;
TNPI was unable demonstrate an established process for adequately assessing or identifying environmental risks. This is partly due weakness identified with 6.5 (1) (d).
  • (f) establish and implement a process for developing and implementing controls to prevent, manage and mitigate the identified hazards and the risks and for communicating those controls to anyone who is exposed to the risks;
TNPI was unable to demonstrate that its controls were adequate and appropriately documented. TNPI presented summary processes that were largely incomplete.
  • (j) establish and implement a process for developing competency requirements and training programs that provide employees and other persons working with or on behalf of the company with the training that will enable them to perform their duties in a manner that is safe, ensures the security of the pipeline and protects the environment;
TNPI had adequate competency requirements completed for office personnel at the management level but not field personnel. TNPI’s environmental training program, contractor competency and training requirements are not adequately documented, field level competency and training requirement are insufficient to achieve an acceptable level of environmental oversight and protection.
  • (k) establish and implement a process for verifying that employees and other persons working with or on behalf of the company are trained and competent and for supervising them to ensure that they perform their duties in a manner that is safe, ensures the security of the pipeline and protects the environment;
TNPI was unable to demonstrate that it has a documented process for training competencies evaluation for all field level staff.
  • (v) establish and implement a process for evaluating the adequacy and effectiveness of the company’s management system and for monitoring, measuring and documenting the company’s performance in meeting its obligations under section 6;
TNPI was unable to demonstrate a documented adequacy evaluation process.
  • (w) establish and implement a quality assurance program for the management system and for each program referred to in section 55, including a process for conducting audits in accordance with section 53 and for taking corrective and preventive actions if deficiencies are identified;
TNPI was unable to demonstrate a documented quality assurance program (internal audits and inspections) or to demonstrate that this has been established.
27 A company shall develop, regularly review and update as required, operation and maintenance manuals that provide information and procedures to promote safety, environmental protection and efficiency in the operation of the pipeline and shall submit them to the Board when required to do so. NEB Inspectors are of the view that TNPI’s Operations and Maintenance Manual is inadequate: information provided is insufficient and contains insufficient detail in its procedures to protect the environment. Large gaps were identified particularly with situations where contamination is encountered and general environmental mitigation measures.

Based on the above mentioned, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by the construction, operation, maintenance or abandonment of the pipeline, or any part of a pipeline, an abandoned pipeline or any part of it, or a ground disturbance or the construction of a facility.

Therefore, Information not available is HEREBY ORDERED,
pursuant to subsections 51.1(1) and 51.1(2) of the National Energy Board Act, to

 X take measures specified below for guarding the safety or security of the public or employees or protecting property or the environment
   Suspend work until the hazard or detrimental situation has been remedied to the satisfaction of the inspection officer; or the order is stayed or rescinded by the Board

Specified MeasuresFootnote 1:

  1. TNPI must provide a copy of its signed 2018 annual report completed to meet the requirements of OPR section 6.6(1) by 7 August 2019.
  2. TNPI must develop a detailed plan to address the deficiencies identified above. The plan must address how TNPI will ensure compliance with the above sections of the National Energy Board Onshore Pipeline Regulations (OPR) by 30 June 2020. The plan must be submitted by 15 September 2019.
  3. TNPI must revise its Operation and Maintenance Manual to include appropriate information and procedures to promote environmental protection as per section 27 of the OPR. The manual must include, at a minimum, procedures, work instructions, inspection templates to provide field staff executing maintenance activities the instructions necessary to complete integrity digs of potentially contaminated sites. Once the O&M manual is completed, TNPI must also develop and implement environmental training for appropriate staff and contractors regarding environmental requirements identified in the revised manual as per paragraph 6.5(1)(j) of the OPR. The revised Operations and Maintenance Manual must be submitted by 31 October 2019.
  4. TNPI must develop, document and implement a comprehensive and explicit process to prevent, manage, and mitigate the hazards and potential hazards associated with contaminated and potentially contaminated sites, including all historical releases as prescribed by OPR paragraph 6.5(1)(f). The work-plan and timeline of action arising from the process prescribed above must be included. The detailed process must be submitted by 31 December 2019.
Inspection Officer
Inspection Officer Information not available


Information not available
__________________________________
Signature
IO Designation
2 August 2019
Date
Suite 210, 517 10th Avenue SW Calgary AB  T2R 0A8

 

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