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National Energy Board Onshore Pipeline Regulations (OPR) – Final Audit Report of the Enbridge Pipelines Inc. Third Party Crossings Program – OF-Surv-OpAud-E101-2014-2015 03 [PDF 1496 KB]

File OF-Surv-OpAud-E101-2014-2015 03
31 March 2015

Mr. Guy Jarvis
President, Liquids Pipelines
Accountable Officer under the NEB Act
Enbridge Pipelines Inc.
3000 Fifth Avenue Place
425 - 1st Street S.W.
Calgary, AB  T2P 3L8
Facsimile Information not available

Dear Mr. Jarvis:

Enbridge Pipelines Inc. (Enbridge) and its Board-Regulated Subsidiaries
- National Energy Board Onshore Pipeline Regulations, (OPR) Final Audit Report
- Third Party Crossing Program

The Board has completed its Final Report for its audit of Enbridge’s Third Party Crossing Program.

A Draft Report documenting the Board’s evaluation of Enbridge’s Third Party Crossing Program was provided to Enbridge on 4 February 2015 for review and comment. On 6 March 2015, Enbridge submitted its response.

The Board has considered Enbridge’s comments and has made changes to the Final Audit Report and its Appendices as it determined to be appropriate.

The findings of the audit are based upon an assessment of whether Enbridge was compliant with the regulatory requirements contained within:

  • National Energy Board Act;
  • National Energy Board Onshore Pipeline Regulations;
  • National Energy Board Pipeline Crossing Regulations, Parts I and II; and
  • Enbridge’s policies, programs, practices and procedures.

Enbridge was required to demonstrate the adequacy and effectiveness of the methods selected and employed within its Programs to meet the regulatory requirements listed above.

The Board has enclosed the Final Audit Report and associated appendices with this letter. The Board will make the Final Audit Report public on the Board’s website.

Within 30 days of the issuance of the Final Audit Report by the Board, Enbridge is required to file a Corrective Action Plan (CAP), which describes the methods and timing for addressing the Non-Compliant findings identified through this audit, for approval.

The Board will make the CAP public and will continue to monitor and assess all of Enbridge’s corrective actions with respect to this audit until they are fully implemented. The Board will also continue to monitor the implementation and effectiveness of Enbridge’s Third Party Crossing Program and management system through targeted compliance verification activities as a part of its on-going regulatory mandate.

If you require any further information or clarification, please contact Ken Colosimo, Lead Auditor, Operations Business Unit at 403-292-4926 or toll-free at 1-800-899-1265.

Yours truly,

Original signed by

Sheri Young
Secretary of the Board

Attachment - Final OPR Audit Report documents

cc: Mr. Al Monaco, President and CEO, Enbridge Inc.



National Energy Board Onshore Pipeline Regulations (OPR)
Final Audit Report of the Enbridge Pipelines Inc. Third Party Crossings Program

File Number: OF-Surv-OpAud-E101-2014-2015 03

Enbridge Pipelines Inc. and National Energy Board-Regulated Subsidiaries (Enbridge)
3000 Fifth Avenue Place
425 -1st Street S.W.
Calgary, Alberta  T2P 3L8

31 March 2015

Executive Summary

Companies regulated by the National Energy Board (NEB or the Board) must demonstrate a proactive commitment to continual improvement in safety, security and environmental protection. Pipeline companies under the Board’s regulation are required to incorporate adequate, effective and implemented management systems into their day-to-day operations. These systems and associated technical management programs include the tools, technologies and actions needed to ensure NEB regulated pipelines are safe and remain that way over time. In the public interest, the Board holds companies accountable for safety and environmental outcomes.

This report documents the Board’s comprehensive audit of Enbridge’s Third Party Crossings (Crossings) program as it applies to its NEB-regulated subsidiaries and pipeline facilities. The audit was conducted based on the requirements contained within the Pipeline Crossings Regulations (PCR), Canadian Standards Association (CSA Z662-11) as well as the National Energy Board Onshore Pipeline Regulations (OPR) as amended on 21 April 2013. The Board has incorporated these requirements within its audit protocol expectations.

The Board conducted the audit following its published audit protocol, which identifies five management system elements. These five elements are broken into 17 sub-elements. Each sub-element reflects several regulatory requirements. Companies must comply with 100 per cent of the regulatory requirements of each sub-element being assessed. If a company’s program is found to be deficient with respect to any regulatory requirement, the entire sub-element will be found Non-Compliant.

The Board notes that the companies it regulates must establish and implement documented management systems and apply them to the programs as described within the OPR as well as their Crossings and Public Awareness programs. The specific management system requirements are described within section 6 of the OPR and within the referenced CSA standard Z662, Oil and Gas Pipeline Systems in clause 3.1 Safety and Loss Management System.

In reviewing the results of Enbridge’s Crossings program audit the Board notes that Enbridge did not demonstrate it had developed and implemented a compliant management system that directly applies to this program. Enbridge did not provide evidence of an organized structure that was specifically designed, implemented and managed to meet the regulatory requirements. The Board notes that the Crossings program management system requirements can be met by being directly subsumed within the programs referenced in the OPR or as part of a documented Safety and Loss Management System compliant with clause 3.1 of CSA Z662 Oil and Gas Pipeline Systems. The Board did not see evidence that Enbridge had implemented either approach. Further, the Board notes that the requirements to have a documented, implemented and maintained Safety and Loss Management System are not new.

In addition to the lack of management system implementation, Enbridge did not demonstrate that its Crossings program had been the subject of an appropriate audit, as required, at any time. The Board is of the view that its management system deficiency and others identified could have been prevented if Enbridge’s management had ensured that all of its activities were subject to routine, scheduled audits.

The Crossings program is part of Enbridge’s Land Services department. During the audit, Enbridge provided evidence that it was in the process of applying its Integrated Management System to its Lands Services department. Enbridge demonstrated that some of the required processes had already been integrated into its program management activities; however, at the time of the audit, the Integrated Management System had not been fully documented, established or implemented for the Lands Services programs. Enbridge will need to develop and implement corrective actions to ensure establishment and implementation of a compliant management system.

It is important to understand that the Board’s finding regarding Enbridge’s management system primarily reflects the company’s stage in developing and applying its management system. It does not necessarily reflect the lack of technical management activities being undertaken to ensure the safety of the pipeline. The Board found that, regardless of the lack of a compliant management system, Enbridge had developed and implemented a Crossings program that was addressing the majority and most significant of its hazards, and the majority of its regulatory requirements.

The Board has made a significant number of Non-Compliant findings. The Board’s analysis of these findings indicates that most of the non-compliances relate to the establishment and implementation of the management system processes and consequently its Safety and Loss Management System. All of the Board’s findings are documented in Appendix I of this audit report.

The Board found that the majority of the Non-Compliant findings fall into two general categories:

  • lack of integration of its Crossings program into the overall operational oversight management system processes; and
  • lack of implementation of management system sub-elements consistent with the Board’s expectations.

The Board has determined that no enforcement actions are immediately required to address the Non-Compliant findings identified in this audit. Within 30 days of the Final Audit Report being issued, Enbridge must develop and submit a Corrective Action Plan for Board approval. The Corrective Action Plan must detail how Enbridge intends to resolve non-compliances identified by this audit. The Board will assess the implementation of the corrective actions to confirm they are completed in a timely manner and applied consistently across Enbridge’s regulated system. The Board will also continue to monitor the overall implementation and effectiveness of Enbridge’s Management systems through targeted compliance verification activities as a part of its ongoing regulatory mandate.

Table of Contents

1.0 Audit Terminology and Definitions

(The Board has applied the following definitions and explanations in measuring the various requirements included in this audit. They follow or incorporate legislated definitions or guidance and practices established by the Board, where available.)

Adequate: The management system, programs or processes complies with the scope, documentation requirements and, where applicable, the stated goals and outcomes of the NEB Act, its associated regulations and referenced standards. Within the Board’s regulatory requirements, this is demonstrated through documentation.

Audit: A systematic, documented verification process of objectively obtaining and evaluating evidence to determine whether specified activities, events, conditions management systems or information about these matters conform to audit criteria and legal requirements, and communicating the results of the process to the company.

Compliant: A program element meets legal requirements. The company has demonstrated that it has developed and implemented programs, processes and procedures that meet legal requirements.

Corrective Action Plan: Addresses the non-compliances identified in the audit report, and explains the methods and actions that will be used to correct them.

Developed: A process or other requirement has been created in the format required and meets the described regulatory requirements.

Effective: A process or other requirement meets its stated goals, objectives, targets and regulated outcomes. Continual improvement is being demonstrated. Within the Board’s regulatory requirements, this is primarily demonstrated by records of inspection, measurement, monitoring, investigation, quality assurance, audit and management review processes as outlined in the OPR.

Established: A process or other requirement has been developed in the format required. It has been approved and endorsed for use by the appropriate management authority and communicated throughout the organization. All staff and persons working on behalf of the company or others that may require knowledge of the requirement are aware of the process requirements and its application. Staff has been trained on how to use the process or other requirement. The company has demonstrated that the process or other requirement has been implemented on a permanent basis. As a measure of “permanent basis”, the Board requires the requirement to be implemented, meeting all of the prescribed requirements, for three months.

Finding: The evaluation or determination of the compliance of programs or elements in meeting the requirements of the National Energy Board Act and its associated regulations.

Implemented: A process or other requirement has been approved and endorsed for use by the appropriate management authority. It has been communicated throughout the organization. All staff and persons working on behalf of the company or others that may require knowledge of the requirement are aware of the process requirements and its application. Staff have been trained on how to use the process or other requirement. Staff and others working on behalf of the company have demonstrated use of the process or other requirement. Records and interviews have provided evidence of full implementation of the requirement, as prescribed (i. e. the process or procedures are not partially utilized).

Inventory: A documented compilation of required items. It must be kept in a manner that allows it to be integrated into the management system and management system processes without further definition or analysis.

List: A documented compilation of required items. It must be kept in a manner that allows it to be integrated into the management system and management system processes without further definition or analysis.

Maintained: A process or other requirement has been kept current in the format required and continues to meet regulatory requirements. With documents, the company must demonstrate that it meets the document management requirements in OPR, section 6.5(1) (o). With records, the company must demonstrate that it meets the records management requirements in OPR, section 6.5(1) (p).

Management System: The system set out in OPR sections 6.1 to 6.6. It is a systematic approach designed to effectively manage and reduce risk, and promote continual improvement. The system includes the organizational structures, resources, accountabilities, policies, processes and procedures required for the organization to meet its obligations related to safety, security and environmental protection.

(The Board has applied the following interpretation of the OPR for evaluating compliance of management systems applicable to its regulated facilities.)

As noted above, the NEB management system requirements are set out in OPR sections 6.1 to 6.6. Therefore, in evaluating a company’s management system, the Board considers more than the specific requirements of Section 6.1. It considers how well the company has developed, incorporated and implemented the policies and goals on which it must base its management system as described in section 6.3; its organizational structure as described in section 6. 4; and considers the establishment, implementation, development and/or maintenance of the processes, inventory and list described in section 6.5(1). As stated in sections 6.1(c) and (d), the company’s management system and processes must apply and be applied to the programs described in section 55.

Non-Compliant: A program element does not meet legal requirements. The company has not demonstrated that it has developed and implemented programs, processes and procedures that meet the legal requirements. A corrective action plan must be developed and implemented.

Practice: A repeated or customary action that is well understood by the persons authorized to carry it out.

Procedure: A documented series of steps followed in a regular and defined order, thereby allowing individual activities to be completed in an effective and safe manner. A procedure also outlines the roles, responsibilities and authorities required for completing each step.

Process: A documented series of actions that take place in an established order and are directed toward a specific result. A process also outlines the roles, responsibilities and authorities involved in the actions. A process may contain a set of procedures, if required.

(The Board has applied the following interpretation of the OPR for evaluating compliance of management system processes applicable to its regulated facilities.)

OPR section 6.5(1) establishes the basic requirements for management system processes. In evaluating a company’s management system processes, the Board considers whether each process or requirement: has been established, implemented, developed or maintained as described within each section; whether the process is documented; and whether the process is designed to address the requirements of the process, for example a process for identifying and analyzing all hazards and potential hazards. Processes must contain explicit required actions including roles, responsibilities and authorities for staff establishing, managing and implementing the processes. The Board considers this to constitute a common 5 w’s and h approach (who, what, where, when, why and how). The Board recognizes that the OPR processes have multiple requirements; companies may therefore establish and implement multiple processes, as long as they are designed to meet the legal requirements and integrate any processes linkages contemplated by the OPR section. Processes may incorporate or contain linkage to procedures, where required to meet the process requirements.

As the processes constitute part of the management system, the required processes must be developed in a manner that allows them to function as part of the system. The system requirements are described in OPR section 6.1. The processes must be designed in a manner that contributes to the company following its policies and goals established and required by section 6.3.

Further, OPR section 6.5(1) indicates that each process must be part of the management system and the programs referred to in OPR section 55. Therefore, to be compliant, the process must also be designed in a manner which considers the specific technical requirements associated with each program and is applied to and meets the process requirements within each program. The Board recognizes that a single process may not meet all of the programs; in these cases it is acceptable to establish governance processes as long as they meet the process requirements (as described above) and direct the program processes to be established and implemented in a consistent manner that allows for the management system to function as described in 6.1.

Program: A documented set of processes and procedures designed to regularly accomplish a result. A program outlines how plans, processes and procedures are linked; in other words, how each one contributes to the result. A company regularly plans and evaluates its program to check that the program is achieving the intended results.

(The Board has applied the following interpretation of the OPR for evaluating compliance of programs required by the NEB regulations.)

The program must include details on the activities to be completed including what, by whom, when, and how. The program must also include the resources required to complete the activities.

2.0 Abbreviations

CAP: Corrective Action Plan

CLC: Canada Labour Code Part II

COHSR: Canada Occupational Health and Safety Regulations

CSA Z662-11: CSA Standard Z662 entitled Oil and Gas Pipeline Systems, 2011 version

Enbridge: Enbridge Pipelines Inc. and its NEB-regulated subsidiaries

GOT: Goals, Objectives and Targets

MOC: Management of Change

NEB: National Energy Board

OMM: Operations Maintenance Manuals

OPR: National Energy Board Onshore Pipeline Regulations

PA:  Public Awareness

PLM: Pipeline Maintenance

ROW: Right-of-Way

TALL: Transmission Advanced Line Locating

3.0 Introduction: NEB Purpose and Framework

The NEB’s purpose is to promote safety and security, environmental protection, and efficient energy infrastructure and markets in the Canadian public interest within the mandate set by Parliament in the regulation of pipelines, energy development and trade. In order to ensure that pipelines are designed, constructed, operated and abandoned in a manner that ensures: the safety and security of the public and the company’s employees; safety of the pipeline and property; and protection of the environment, the Board has developed regulations requiring companies to establish and implement documented management systems applicable to specified technical management and protection programs. These management systems and programs must take into consideration all applicable requirements of the NEB Act and its associated regulations, as well as the Canada Labour Code Part II (CLC).

To achieve compliance, regulated companies must demonstrate established, implemented, adequate and effective methods for identifying and managing its hazards and risks. The Board reviews the documented compliance and incident history of the company. This review determines the appropriate scope for the audit. During the audit, the Board reviews documentation and some company records, and interviews of both corporate and regionally-based staff.

The Board also conducts separate but linked technical inspections of a representative sample of the company’s facilities to evaluate the adequacy, effectiveness and implementation of the management system and programs. The Board bases the scope and location of the inspections on the needs of the audit. The inspections follow the Board’s standard inspection processes and practices. Although they inform the audit, inspections are considered independent of the audit. If unsafe or non-compliant activities are identified during an inspection, they are actioned in accordance with the Board’s standard inspection and enforcement processes to ensure ongoing safe operation.

After completing its field activities, the Board develops and issues a Final Audit Report. The Final Audit Report outlines the Board’s audit activities, provides an evaluation of the company’s management system and programs, identifies deficiencies and communicates compliance findings. The audit report follows the format of the Board’s published Audit Protocol. Once the Board issues the Final Audit Report, the company must submit and implement a Corrective Action Plan to address all Non-Compliant findings for Board approval. Final Audit Reports are published on the Board’s website. The audit results are integrated into NEB’s risk-informed lifecycle approach to compliance assurance.

4.0 Background

Enbridge operates approximately 10,733 km of pipeline in six Canadian provinces and territories. These pipeline facilities include pump stations, tankage and associated operational assets. All of these facilities are within the definition of a “pipeline” as included in the NEB Act. Enbridge also has a considerable amount of non-federally regulated infrastructure in Alberta and across the United States, which complete its North American system. Enbridge’s system allows it to transport liquids from northern and western Canada to end-users in the Eastern regions of Canada and the United States. In order for Enbridge to operate its pipelines effectively, it has developed a management structure that reflects its safety and security management, and environmental obligations, as well as its corporate, national, regional and international needs. Enbridge Pipelines Inc. controls and uses several entities that hold NEB-issued certificates for operating in Canada. The entities included within the scope of this audit are identified in Section 5.0, Audit Objectives and Scope of this report.

During audit planning, company staff indicated that Enbridge and its subsidiaries operate the pipelines and facilities using a common management system and technical programs. In order to effectively evaluate compliance of such an expansive system within a reasonable timeframe, the Board chose to conduct individual, comprehensive audits of Enbridge’s required technical programs and management system. This report documents one of six management system and program audits. The audits are titled:

  • Enbridge Integrity Management Program Audit;
  • Enbridge Safety Management Program Audit;
  • Enbridge Environmental Protection Program Audit;
  • Enbridge Emergency Management Program Audit;
  • Enbridge Third-Party Crossings Program Audit; and
  • Enbridge Public Awareness Program Audit.

5.0 Audit Objectives and Scope

The objective of the audit was to determine the establishment and implementation of Enbridge’s management system, and the adequacy and effectiveness of its Crossings program. Enbridge was audited against the requirements contained within the following:

  • The National Energy Board Act;
  • The National Energy Board Onshore Pipeline Regulations;
  • The Canada Labour Code, Part II (CLC);
  • The Pipeline Crossings Regulations Part I and Part II;
  • The Safety and Health Committees and Representatives Regulations;
  • Canadian Standards Association (CSA) Z662 - 11 - Oil and Gas Pipeline Systems; and
  • Enbridge’s policies, programs, practices and procedures.

This audit was conducted using the National Energy Board Onshore Pipeline Regulations (OPR) as amended on 21 April 2013. This amendment clarified the Board’s expectations for establishing and implementing a documented management system applicable to specified programs. Crossings programs are not referenced directly within the OPR; however, the content addressed by Crossings programs is considered to be subsumed within the integrity, environmental and safety management programs. Before issuing the amendment, the Board consulted and communicated its regulated companies with respect to the new requirements; therefore, an implementation grace period was not given when the OPR was promulgated. As a result, when evaluating compliance, this audit did not consider any extra time Enbridge may have needed to implement changes.

As noted, Enbridge Pipelines Inc. companies hold a number of certificates to operate in Canada. The Board has included the following companies within the scope of this audit:

  • Enbridge Pipelines Inc.;
  • Enbridge Bakken Pipeline Company Inc. on behalf of Enbridge Bakken Pipeline Limited Partnership;
  • Enbridge Southern Lights GP Inc. on behalf of Enbridge Southern Lights LP;
  • Enbridge Pipelines (NW) Inc.; and
  • Enbridge Pipelines (Westspur) Inc.

For more Enbridge facility information, refer to Appendix II of this report.

6.0 Audit Process and Methodology

In undertaking this audit, the Board has applied its standard audit practice following its published protocols. The Board’s standard practice and audit activities include:

  • Formal notification of the Board’s intent to audit by letter;
  • Interactive planning processes with the company;
  • Information gathering;
  • Documentation and record review;
  • Program presentations by company personnel and interviews with company personnel;
  • Associated inspections and facility reviews;
  • Close-out discussions and meetings;
  • Developing and Issuing Draft Audit Report to Enbridge
  • Developing, finalizing and issuing the Final Audit Report;
  • Reviewing and approving any required Corrective Action Plans;
  • Reviewing implementation of Corrective Action Plans; and
  • Issuing closure letters.

These audit activities allow the company to demonstrate the compliance and implementation of its management system and programs. Audits also allow the Board to evaluate the company with respect to: assuring compliance to regulatory requirements; and assuring appropriate safety, security and environmental outcomes as described in the Board’s expectations.

As noted, Enbridge Pipelines Inc. operates an expansive liquids pipeline system using a common management system and Crossings program. Furthermore, Enbridge divides its Canadian assets into five operational regions: Northern Region, Western Region, Central Region, Southern Prairie Region and Eastern Region. The Board therefore developed its audit plan to evaluate Enbridge’s Crossings program and to assure that it was appropriately managed and applied to all of its regulated facilities regardless of location. To this end, the Board conducted interviews, inspections and documentation and record reviews in each region as well as the Edmonton office. The Board requires that any audit Non-Compliant findings made and corrective actions implemented as a result, must be applied across all of Enbridge’s Board regulated systems and subsidiaries.

7.0 Audit Activities

The Board informed Enbridge Pipelines Inc. of its intent to audit its NEB regulated facilities in a letter dated 19 December 2013. Following the issuance of this letter, Board audit staff met with Enbridge staff on a regular basis to arrange and coordinate this audit. The Board also provided Enbridge with an information guidance document to help Enbridge prepare for the audit, and provide access to documentation and records to demonstrate its compliance. Enbridge established a digital access portal for Board staff to review documentation and records.

On 5 May 2014, an opening meeting was conducted with representatives from Enbridge in Edmonton, Alberta to confirm the Board’s audit objectives, scope and process. The opening meeting was followed by Edmonton office interviews from 5 to 16 May 2014, and various field level audit activities as described in the table below. Throughout the audit, Board audit staff gave Enbridge daily summaries with action items.

On 21 and 22 October 2014, the Board held an audit pre-close-out meeting with Enbridge. At this meeting Board staff and Enbridge staff discussed potential deficiencies identified during field activities and discussed additional information that could be of value to the Board prior to compiling its draft audit report. An audit close-out meeting was held on 17 December 2014 to provide Enbridge with a description of the recommendations that staff would be bringing to the Board for decision.

Crossings Program Audit Office and Field Activities

  • Audit Opening Meeting (Edmonton, AB) - 5 May 2014
  • Edmonton Office Interviews (Edmonton, AB) - 5-16 May 2014
  • Field verification activities for the Audit:
    • Interviews - Sherwood Park, AB - 26-30 May 2014
    • Interviews - Regina, SK and Estevan, SK - 9 -13 June 2014
    • Interviews - Sarnia, ON - 23-27 June 2014
    • Inspection - Toronto, ON area - 8-10 July 2014
    • Inspection - Montreal, QC area - 10-11 July 2014
    • Inspection - Regina - Estevan, SK- Cromer MB - 18-21 August 2014
    • Aerial patrol - Sarnia, ON to Montreal QC - 4 September 2014
  • Edmonton Office Interviews (Edmonton, AB) - 14-17 October 2014
  • Audit Pre-Close-Out Meeting of Information Gaps (Edmonton, AB) - 21-22 October 2014
  • Audit Close-Out Meeting (Edmonton, AB) - 17 December 2014

8.0 Management System Evaluation

The Crossings program activities are required to be formally managed within a documented and implemented management system. The Board notes that this program requires the development and implementation of a documented management system either directly subsumed within the management system and the applicable programs described in the OPR or as part of a documented Safety and Loss Management System required by clause 3.1 of CSA Z662 Oil and Gas Pipeline Systems.

The Board’s management system requirements are found in section 6 of the OPR and within the referenced CSA Z662 Oil and Gas Pipeline Systems clause 3.1 Safety and Loss Management System Management System. The Board notes that Crossings programs are not specifically referenced within section 55 of the OPR and therefore are not subject to the same organizational requirements as other referenced programs.

The Board found that, while Enbridge has demonstrated that it is in the process of applying its Integrated Management System to its Lands Services functions and has accounted for many of the processes described within the Board’s protocol and the legal requirements, it did not demonstrate that it has developed and implemented a documented management system that meets the Board’s requirements. Enbridge did not provide evidence of an organized structure that was specifically designed, implemented and managed to meet the regulatory requirements. Further, the Board notes that some of the key management system activities were not designed appropriately or were being undertaken as required. As examples, Enbridge’s auditing practices were not designed in a manner that would require a full management system or compliance audit to be undertaken and this program had not been the subject of an audit to date.

The Board found Enbridge to be Non-Compliant with its requirements to develop, implement and maintain a documented management system. Enbridge will need to develop and implement corrective actions to ensure establishment and implementation of a management system.

The Board notes that it is important to understand that the Board’s management system Non-Compliant finding reflects Enbridge’s development and implementation of its management system. It does not necessarily reflect the lack of technical management activities being undertaken to ensure the safety of the public, workers or the environment.

9.0 Program Summary

NEB-regulated companies must demonstrate a proactive commitment to continual improvement in safety, security, and environmental protection. Pipeline companies under the Board’s regulation are required to incorporate safety management programs into their day-to-day operations. These programs must include the tools, technologies and actions needed to ensure that workers are safe.

The Board found that Enbridge has established and implemented a Crossings program to manage third party excavation and construction work near its facilities. This program is comprised of the administrative function of managing the applications and ensuring that engineering reviews are conducted when required. The Crossings program also has a field component to conduct locates and supervise third party excavation and construction activities on the rights-of-way. Further, the Board found that Enbridge’s Crossings program has been designed and implemented to reflect the requirements of the NEB Pipeline Crossings Regulations (PCR).

10.0 Summary of Audit Findings

The Board’s audit was conducted following its Audit Protocol, which identifies five Management System elements. These five elements are further broken down into 17 sub-elements. Each sub-element reflects a number of regulatory requirements. The NEB requires companies to be compliant with one hundred percent of the regulatory requirements of each of the Management System sub-elements being assessed. If a company’s program is found to be deficient with respect to any regulatory requirement, the entire sub-element will be found in Non-Compliance. A Corrective Action Plan will be required in order to demonstrate to the Board that appropriate actions will be taken to achieve full compliance.

The following summary represents a high-level overview of the Board’s audit findings for Enbridge’s Crossings program based on information provided for the audit.

Details of how each of the audited sub-elements impacts the Crossings program and a full description of the Board’s assessment for each of its Management System sub-elements can be found in Appendix I of this report.

Element 1.0 - Policy and Commitment

Sub-element 1.1 - Leadership and Accountability

This sub-element of the audit requirements states that the company must appoint an Accountable Officer and notify the Board of the appointment.

Enbridge had submitted written notice to the NEB indicating that it had appointed an Accountable Officer. In its submission, Enbridge confirmed that its Accountable Officer had authority over the human and financial resources required to meet the Board’s substantive expectations.

Based on the information provided by Enbridge, the Board has not identified any non-compliance issues. The Board has therefore assessed this sub-element as Compliant.

Sub-element 1.2 - Policy and Commitment Statements

This sub-element of the audit requirements states that the company must have documented policies and goals to ensure the safety and security of the public, workers, and the pipeline and ensure protection of property and the environment. Further, as these policies and goals are to be used to establish and implement the management and programs, the Board requires that the policies and goals be explicit from the perspective of design, content and communication.

The Board found that Enbridge had corporate and program level policies and goals that related to its Crossings program.

The Board also found that, notwithstanding the general policies developed, Enbridge did not demonstrate that it had a policy that explicitly describes internal reporting of hazards, potential hazards, incidents and near-misses and describes the conditions under which a person making a report will be granted immunity from disciplinary action that meets the Board’s requirements.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Element 2.0 - Planning

Sub-element 2.1 - Hazard Identification, Risk Assessment and Control

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for identifying and analyzing all hazards and potential hazards, assessing the degree of risk associated with the hazards, and implementing control measures to minimize or eliminate risk.

The Board found that Enbridge demonstrated that it has established and implemented a Crossings/Damage Prevention program that incorporates a process for the identification of hazards and introduces controls as well as a process to evaluate the risk.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Sub-element 2.2 - Legal Requirements

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for identifying and monitoring compliance with all legal requirements applicable to the company. Also, the company must maintain a list of the legal requirements that apply to it.

The Board found that Enbridge demonstrated that it was tracking, listing and communicating the majority of its legal requirements.

The Board also found that Enbridge’s methods to monitor its legal requirements and compliance to them did not meet the Board’s requirements.

The Board found that Enbridge’s legal list was not maintained as a single list, was incomplete and was not kept at the level of specificity required to enable the company to ensure and monitor its compliance with the legal requirements.

The Board found that Enbridge had developed and implemented practices to communicate its legal requirements. The Board found one deficiency with Enbridge’s communications practices with respect to its compliance practices. Enbridge did not demonstrate that it had an effective method for communicating new or revised legal requirements between the head office and regional field staff and consequently third-parties.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Sub-element 2.3 - Goals, Objectives and Targets

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for developing and setting goals, objectives and specific targets for the risks and hazards associated with the company’s facilities and activities. The company must also have established policies and goals for the prevention of ruptures, liquid and gas releases, fatalities and injuries as required by OPR, section 6.3(1)(b).

The Board found that Enbridge had established processes for the development and implementation of Goals, Objectives and Targets that align with the Board’s requirements.

The Board also found that Enbridge had not established explicit goals relating to prevention of ruptures, liquid and gas releases, fatalities and injuries the protection of the environment as required by the OPR. Further, while Enbridge demonstrated that it had developed management practices that correspond to the Board’s requirements and had implemented initiatives to address the issues, Enbridge did not demonstrate that it had established specific objectives, targets or performance measures that ensure that it is meeting the outcomes required.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Sub-element 2.4 - Organizational Structure, Roles and Responsibilities

This sub-element of the audit requirements states that the company must have a documented organizational structure that enables it to meet the requirements of its management system. The company must also complete an annual documented evaluation to demonstrate that there is adequate human resourcing to meet these obligations.

The Board found that Enbridge had a documented organizational structure and communicates the roles responsibilities and authorities of the officers and employees at all levels of the company.

The Board found that Enbridge had established and implemented several mechanisms for reviewing its Crossings program workforce needs. The Board did not observe any issues related to insufficient resources during this audit.

The Board also found that Enbridge’s evaluation of need practices did not specifically account for all staff with Crossings program responsibilities and, therefore, did not demonstrate that the human resources allocated to establishing, implementing and maintaining its management system and meeting its requirements are sufficient.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Element 3.0 - Implementation

Sub-element 3.1 - Operational Control-Normal Operations

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for developing and implementing corrective, mitigative, preventive and protective controls for the hazards and risks identified in Elements 2.0 and 3.0.

The Board found that the Crossings program has incorporated the analysis of the hazards and risks associated with third party crossing applications within its program processes. In addition to the procedural controls introduced through the Crossings program, Enbridge’s Damage Prevention group has developed and implemented various programs as controls to protect its facilities from potential damage that complement and support the Crossings program.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Sub-element 3.2 - Operational Control-Upset or Abnormal Operating Conditions

This sub-element of the audit requirements states that the company must establish and maintain plans to identify the potential for upset or abnormal operating conditions, accidental releases, incidents and emergency situations.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Sub-element 3.3 - Management of Change

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for identifying and managing any change that could affect safety, security or protection of the environment.

While Enbridge has implemented some aspects of an MOC, it did not demonstrate that it has an established and implemented a process for identifying and managing any change that could affect safety, security or protection of the environment, including new hazards or risks, changes in design, specifications, standards or procedures, and change in the company’s organizational structure or the legal requirements.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Sub-element 3.4 - Training, Competence and Evaluation

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for developing competency requirements and training programs for its employees and contractors. These competency requirements and training programs must enable employees and contractors to perform their duties in a manner that is safe, ensures the security of the pipeline, and protects the environment.

The Board found that Enbridge had implemented an appropriate training and competency program for its staff who implement the Crossings program.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Sub-element 3.5 - Communication

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for internally and externally communicating safety, security and environmental protection information.

The Board found that Enbridge had established an external communication plan that identified and applied to the appropriate stakeholders. Enbridge had developed and communicated messages relating to maintaining the safety and security of the pipeline and protection of the environment through its website, its Crossings procedures and agreements, and as part of its Public Awareness program.

The Board also found that, while Enbridge had been communicating internally, its practices were deficient. The Board found that Enbridge had not developed a communication plan that met the Board’s requirements.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Sub-element 3.6 - Documentation and Document Control

This sub-element of the audit requirements states that the company must have an established, implemented and effective process for identifying and managing the documents required to meet the company’s obligations for conducting activities in a manner that ensures the safety and security of the public, company employees and the pipeline, and that protects property and the environment.

The Board found that Enbridge had established and implemented a process for controlling its program documentation.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Element 4.0 - Checking and Corrective Action

Sub-element 4.1 - Inspection, Measurement and Monitoring

This sub-element of the audit requirements states that the company must establish and implement an effective process for inspecting and monitoring its activities and facilities. This is so that the company can evaluate the adequacy and effectiveness of the protection programs and take corrective and preventive actions if deficiencies are identified.

The Board found that Enbridge has implemented an inspection program in accordance with the PCR, Part II relating to Crossings.

The Board also found that Enbridge did not demonstrate the effectiveness of the ROW patrol and other inspection practices based on reporting practice and observed signage deficiencies identified during Board inspections conducted in support of this audit.

Based on the Board’s evaluation of Enbridge’s management system and Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Sub-element 4.2 - Investigating and Reporting Incidents and Near-misses

This sub-element of the audit requirements states that the company must establish and implement an effective process for reporting hazards, potential hazards, incidents and near-misses, and for taking corrective and preventive actions to address them. This includes investigating if the hazards, potential hazards, incidents and near-misses have or could have resulted in the safety and security of the public, employees and the pipeline, and protection of property and the environment. This sub-element also requires a company to have an established, maintained and effective data management system for monitoring and analyzing the trends in hazards, incidents and near-misses.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Sub-element 4.3 - Internal Audit

This sub-element of the audit requirements states that a company must  establish and implement an effective quality assurance program for its management system and for each protection program, including a process for conducting regular inspections and audits and for taking corrective and preventive actions if deficiencies are identified.

The Board found that Enbridge had not established or implemented a quality assurance program that meets the Board’s requirements.

The Board found that Enbridge’s Crossings program had not been audited as per the Board’s requirements. The Board also found that Enbridge had not developed processes for conducting audits that meet the Board’s requirements.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

Sub-element 4.4 - Records Management

This sub-element states that a company must establish and implement an effective process for generating, retaining, and maintaining records that document the implementation of the management system and its protection programs.

Enbridge was able to demonstrate that the records generated from the implementation of its Crossings and Damage Prevention programs meet expectations and are accessible to those who require access to them in the performance of their duties.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has not found any issues of Non-Compliance. The Board has determined that Enbridge is Compliant with this sub-element.

Element 5.0 - Management Review

Sub-element 5.1 - Management Review

This sub-element states that a company must establish and implement an effective process for conducting an annual management review of the management system and each protection program and for ensuring continual improvement in meeting the company’s obligations. This sub-element also requires a company to complete an annual report for the previous calendar year, signed by the accountable officer, describing the performance of the company’s management system in meeting its obligations.

The Board found that Enbridge had established and implemented processes to address the stated requirements and had undertaken the activities associated with its processes. The Board also found, however, that Enbridge’s processes did not fully meet all of the requirements. As a result, the management reviews completed by Enbridge were also found to be deficient.

Additionally, the Board found that some of the Non-Compliant findings made in this audit fall within the responsibility and accountability of Enbridge’s senior management. These relate to direction, management and oversight and, as such, have contributed to the Non-compliant finding for this element.

Based on the Board’s evaluation of Enbridge’s Crossings program against the requirements, the Board has determined that Enbridge is Non-Compliant with this sub-element. Enbridge will have to develop corrective actions to address the described deficiencies.

11.0 Conclusions

Companies regulated by the NEB must demonstrate a proactive commitment to continual improvement in safety, security and environmental protection. Pipeline companies under the Board’s regulation must establish and implement effective management systems in their day-to-day operations. This includes the tools, technologies and actions needed to ensure the public, workers and the environment are safe.

The Board has made a significant number of Non-Compliant findings. The Board’s analysis of these findings indicates that most of the non-compliances relate to the establishment and implementation of the management system processes and consequently its Safety and Loss Management System. The majority of the Non-Compliant findings fall into two categories:

  • lack of integration of its Crossings program into the overall operational oversight management system processes; and
  • lack of implementation of management system sub-elements consistent with the Board’s expectations.

In reviewing the results of Enbridge’s Public Awareness program audit the Board notes that Enbridge did not demonstrate it had developed and implemented a management system that directly applies to this program. Further, the Board notes that the requirements to have a documented, implemented and maintained management system are not new as the Safety and Loss Management System requirements have been included in CSA Z662 for a number of years and pre-date the OPR requirements. In addition to the lack of management system implementation, Enbridge did not demonstrate that its Crossings program had been the subject of an appropriate audit, as required, at any time.

The Board found that, regardless of the lack of a compliant management system, Enbridge had developed and implemented a Crossings program that was addressing the majority and most significant of its hazards and the majority of its regulatory requirements. The Board found that Enbridge has established and implemented a Crossings program that provides safety information and timely assistance to third parties who excavate and construct near its pipelines.

The Board has determined that no enforcement actions are immediately required to address these non-compliant findings. Upon receipt of the final report, Enbridge must develop a corrective action plan describing its proposed methods to resolve the non-compliances identified and the timeline in which corrective actions will be completed. Enbridge is required to submit its corrective action plan for Board approval within 30 days of the final Audit Report being issued. The Board will make its final Audit Report and Enbridge’s approved corrective action plan public on the Board’s website.

The Board will assess the implementation of all of Enbridge’s corrective actions to confirm they are completed in a timely manner and on a system wide basis until they are fully implemented. The Board will also continue to monitor the overall implementation and effectiveness of Enbridge’s Crossings program and management system as a whole through targeted compliance verification activities as a part of its ongoing regulatory mandate.

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