Inspection Officer Order No. DRP-001-2024

Inspection Officer Order No. DRP-001-2024 [PDF 394 KB]

INSPECTION OFFICER ORDER NO. DRP-001-2024

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

NOVA GAS TRANSMISSION LTD.

NOVA Gas Transmission Ltd. (NGTL) is a Company conducting work located approximately 40 km northwest of Edson, Alberta.

On or about 17 April 2024 at 07:00 MDT the undersigned Canada Energy Regulator Inspection Officer conducted a compliance verification activity (CV2425-295) at TC Energy Edson Office 4732 2 Ave, Edson AB.

A verbal Order was issued on 17 April 2024 at 11:05 AM MDT by the undersigned Canada Energy Regulator Inspection Officer.

RELEVANT FACTS

I, Information not available, as a designated CER Inspection Officer (IO) under subsection 102(1) of the Canadian Energy Regulator Act (CER Act), believe the following are the relevant facts relating to the issuance of this Order:

  1. On 16 April 2024 at approximately 10:45 AM MDT, NGTL reported a rupture and subsequent fire of their 914 mm (36”) Grand Prairie Mainline natural gas pipeline near Edson, AB (GPS 53.789 latitude, -116.949 longitude).
  2. NGTL initially established a 700-meter emergency planning zone around the rupture site and later reduced it to a 250-meter exclusion zone.
  3. NGTL also operates two additional natural gas pipelines near the ruptured line, including a 1067 mm (42”) line and a 1219 mm (48”) line that are currently operating at 5% reduction from discovery pressure. NGTL reported that the right of way is also shared with a natural gas line operated by Peyto Exploration & Development Corp.
  4. IO spoke with NGTL representatives to discuss whether the rupture and resulting fire could have damaged the adjacent operating lines and the potential risks to workers in the exclusion zone.
  5. NGTL provided the IO with a copy of an internal email indicating that crater modelling suggests the adjacent lines can safely continue operations. However, the email did not cover worker safety and lacked supporting information. Further, the model's assumptions had not been validated by field observations, for example, aerial photos.
  6. At the time of the CVA, the IO was provided with insufficient information to demonstrate that the risk to workers within the exclusion zone had been assessed to be tolerable, considering the adjacent lines remained in operation.
  7. IO issued a verbal order at approximately 11:05 AM MDT on 17 April, requiring NGTL to prevent workers from entering the exclusion zone around the rupture site and remove any workers until the IO is satisfied that it is safe to enter.

PROVISIONS OF ACT OR REGULATIONS THAT ARE ALLEGED TO BE CONTRAVENED – AND ARE CONTINUING – OR ARE LIKELY TO BE CONTRAVENED

GENERAL DUTY – REASONABLE CARE

Pursuant to section 94 of the CER Act, the holder of a certificate or permit must take all reasona

MEASURES TO BE TAKEN

Based on the facts referenced herein, where 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 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.

NGTL is ORDERED pursuant to subsections 109(1) and 109(2) of the CER Act to:

    Take measures specified below under Specified Measures as per paragraphs (b) and (d) above
 X Stop doing something as specified below under Specified Measures as per paragraphs
    Suspend work associated with a facility, including a regulated facility, abandoned facility or ground disturbance, until the hazardous or detrimental situation has been remedied to the satisfaction of an Inspection Officer or until this order is stayed or rescinded.

SPECIFIED MEASURES

  1. NGTL shall ensure that no workers enter the established exclusion zone until such time as NGTL is able to demonstrate to the satisfaction of the Inspection Officer that it is safe to enter.

EFFECTIVE DATE OF THE ORDER

This Inspection Officer Order takes effect immediately on 17 April 2024 at the time of delivery of this Order to the 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 Company to whom it is 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 17 April 2024
Date
Information not available
Information not available Information not available
IO Designation Number Signature
210-517 10 Ave SW, Calgary AB  T2R 0A8

Please note that:

  1. In compliance with the CER’s Enforcement Policy, this Order will be posted on the CER’s website.
  2. All submissions to the CER in response to the order are to be provided within the CER Operations Regulatory Compliance Application (ORCA) quoting the associated CVA #, Inspection Officer Order #, and any specific measure with which the submission is associated. The Company is requested to send a copy of any response provided in the OERS to the Inspection Officer via email.

CVA number: CV2425-295

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