Order DRP-001-2021 pursuant to Section 109 of the Canadian Energy Regulator Act

INSPECTION OFFICER ORDER NO. DRP-001-2021

IN THE MATTER OF THE CANADIAN ENERGY REGULATOR ACT,
AN ORDER UNDER SECTION 109

NAME OF PERSON(S)/COMPANY TO WHOM THIS ORDER IS DIRECTED

, Accountable Officer, President and Chief Operating Officer, Liquid Pipelines, Express Pipeline Ltd. (”Express”) is a person/Company conducting work associated with a: regulated facility; abandoned facility; or ground disturbance on or near a facility located at Hardisty, Alberta.

On or about 10 March 2021 at 09:30 the undersigned Canada Energy Regulator inspection officer conducted a compliance verification activity of/at Hardisty Express Platte Terminal.

RELEVANT FACTS

1. On 10 March 2021, the undersigned Inspection Officer (IO) performed an inspection of the Hardisty Express Platte Terminal.
2. IO observed that some valves within the facility were missing unique identifiers (labels). Other valves were either not labelled or incorrectly labelled on the piping and instrumentation diagrams (drawings) used by workers to plan energy isolations.
3. The identification and labelling of assets at Express facilities is not in conformance with the company’s equipment naming standard.

The missing labels on isolation points/valves and drawings pose an unreasonable risk to workers tasked with performing work involving the control of hazardous energy and may cause a hazard to the safety or security of persons, or damage to property or the environment.

GENERAL DUTY – REASONABLE CARE

Pursuant to section 94 of the CER Act, the holder of a certificate or permit must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.

Based on the facts references herein, the inspection officer has reasonable grounds to believe that there is or is likely to be a contravention of Parts 2 to 5 or section 335 of the Canadian Energy Regulator Act (CER Act), or for a purpose referred to in subsection 102(2) CER Act, the inspection officer may, by order, direct a person to

1. stop doing something that is in contravention of Parts 2 to 5 or section 335 or cause it to be stopped;
2. take any measure that is necessary in order to comply with Parts 2 to 5 or section 335 or mitigate the effects of non-compliance;
3. stop doing something that may cause a hazard to the safety or security of persons, or damage to property or the environment or cause it to be stopped; or
4. take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment.

MEASURES TO BE TAKEN

Express Pipeline Ltd. is ORDERED pursuant to subsections 109(1) and 109(2) of the CER Act to:

Specified Measures^{Footnote 1}:

The following measures apply to all Express Pipeline Ltd. CER regulated facilities:

1. Except for simple lockouts and routine pigging operations, all work and isolation plans involving the lockout and/or isolation of hazardous energy is to be approved by a Professional Engineer competent by virtue of training and experience before the work is started. For the purposes of this Inspection Officer Order, simple lockout has the same meaning as set out in section 4.0 of the Enbridge Control of Hazardous Energy Standard, Version 1.0.
2. Identify the facilities that have or may have incorrect or missing labels on assets and drawings by 31 March 2021 and immediately thereafter communicate the hazard to any person who is exposed to the risk.
3. Provide a corrective and preventative action plan with anticipated completion date(s) to the Inspection Officer no later than 31 March 2021 that ensures the following:
   1. All drawings used to plan and inform energy isolations have been verified to be accurate;
   2. accurate drawings are available to workers;
   3. all potential isolation points are labelled with a unique identifier (labels);
   4. labels on isolation points and SCADA match the drawings, and
   5. how the company will ensure measures a-d above are completed for any future changes to infrastructure.
4. Submit to the Inspection Officer written verification that measure 2 has been completed on or before 31 Mar 2021 and a progress update on measure 3 commencing on 31 March 2021 and quarterly thereafter.

EFFECTIVE DATE OF THE ORDER

This Inspection Officer Order takes effect immediately on 11 March 2021 at the time of delivery of the Order to the person/company to whom it is directed. Nothing in this Order shall be construed as reducing, increasing, or otherwise affecting what may be required of the person/company to whom it directed to comply with all applicable legislative or legal requirements.

COMPLIANCE WITH THIS INSPECTION OFFICER ORDER IS MANDATORY

Failure to comply with an Inspection Officer Order issued under section 109 of the CER Act is an offence under section 112 of the CER Act.

Inspection Officer

Inspection Officer		__________________________________ Signature
	IO Designation Number
	11 March 2021	__________________________________ Name (printed)
	Date
	210-517 10 Ave SW, Calgary AB  T2R 0A8

Please note that in compliance with the CER’s Enforcement Policy, this Order will be posted on the CER’s website.

CVA or Incident #: CV2021-519

Date modified:

2023-05-18