# BBT ALATENN, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220031009
- **title:** BBT ALATENN, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2003-06-10
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.463(a), 192.465(d).
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-220031009.md
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220031009
**body:**

Notice of Probable Violation involving BBT ALATENN, LLC. PHMSA's enforcement data identifies the cited regulations as 192,  192.463(a),  192.465(d). The case was opened on 2003-06-10 and is reported as closed as of 2004-09-21. Proposed civil penalty: $2,500. Assessed civil penalty: $2,500. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220031009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031009/220031009.pdf

220031009_Final Order_10302003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031009/220031009_Final%20Order_10302003.pdf

220031009_final order_10302003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220031009/220031009_final%20order_10302003_text.pdf

220031009_final order_10302003_text.pdf

US Department
of Transportation
Research and
Special Programs Administration
400 Seventh St S W
Washington DC 20590
OCT 30 «t". 0";
Rich Adams
Vice President, Operations and Technology
Enbridge Energy Company, Inc.
1100 Louisiana
Suite 3300
Houston, Texas 77002
Re: CPF No. 2-2003-1009
Dear Mr. Adams:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes findings of violation and assesses a civil penalty of $2, 500. The
penalty payment terms are set forth in the Final Order. This enforcement action closes automatically
upon payment. Your receipt of the Final Order constitutes service of that document under 49 C F. R.
) 190. 5.
Sincerely,
Gwendolyn M. Hill
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
CERTIFIED MAIL - RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of )
Enbridge Energy Company, Inc. )
Respondent. )
)
)
)
CPF No. 2-2003-1009
FINAL ORDER
On May 12 - 15, 2003, pursuant to 49 U. S. C. $ 60117, a representative of the Office of Pipeline
Safety (OPS) conducted an on-site pipehne safety inspection of Respondent's facihties in
Mississippi, Tennessee and Alabama, and records in Alabama. As a result of the inspection, the
Director, Southern Region, OPS, issued to Respondent, by letter dated June 10, 2003, a Notice of
Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. ) 190. 207,
the Notice proposed finding that Respondent had violated 49 C. F. R. $) 192. 463 and 192. 465 and
proposed assessing a civil penalty of $2, 500 for the alleged violations. The Notice also warned
Respondent to take appropriate corrective action.
Respondent responded to the Notice by letter dated July 7, 2003 (Response). Respondent did not
contest the allegations of violation but provided information concerning the corrective actions it has
taken. Respondent did not request a hearing, and therefore has waived its right to one.
FINDINGS OF VIOLATION
In its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I find
that Respondent violated the following sections of 49 C. F. R. Part 192, as more fully described in the
Notice:
49 C. F. R. ) 192. 463 — failing to provide a proper level of cathodic protection for two short
sections of unprotected buried piping;
49 C. F. R. ) 192. 465 — failing to take prompt remedial action to correct low pipe-to-soil
potential readings for three consecutive years;
These findings of violation will be considered prior offenses in any subsequent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U. S. C. $ 60122, Respondent is subject to a civil penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related series of
violations.
49 U. S. C. $ 60122 and 49 C. F. R. ) 190. 225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree
of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the
penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as Justice may require.
The Notice proposed a total civil penalty of $2, 500 for the violations. With respect to Item 1,
Respondent did not dispute the findings. It provided information regarding how it cleared the short
and is currently providing adequate cathodic protection. However, Respondent did not provide any
mitigating factors. Therefore, having reviewed the record and considered the assessment criteria,
I assess a civil penalty of $1, 000.
With respect to Item 2, although Respondent did not dispute the findings, Respondent attempted to
assert that it addressed the low pipe-to-soil potentials prior to the OPS inspection. While this
assertion may be correct, it does not negate the violation which alleged that Respondent failed to
address low pipe to soil potentials for 3 consecutive years. The date of the last low reading was
April 2002, well before the May 2003 OPS inspection. Accordingly, having reviewed the record and
considered the assessment criteria, I assess a civil penalty of $1, 500.
Payment of the civil penalty must be made within 20 days of service. Payment may be made by
sending a certified check or money order (containing the CPF Number for this case) payable to "U. S.
Department of Transportation" to the Federal Aviation Administration, Mike Monroney Aeronautical
Center, Financial Operations Division (AMZ-120), ATTN: Jacqueline Murphy, P. O. Box 25082,
Oklahoma City, OK 73125.
Federal regulations (49 C. F. R. ( 89. 21(b)(3)) also permit this payment to be made by wire transfer,
through the Federal Reserve Communications System (Fedwire), to the account of the U. S. Treasury.
Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike
Monroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.
Failure to pay the $2, 500 civil penalty will result in accrual of interest at the current annual rate in
accordance with 31 U. S. C. ( 3717, 31 C. F. R. ) 901. 9 and 49 C. F. R. ( 89. 23. Pursuant to those same
authorities, a late penalty charge of six percent (6'/o) per annum will be charged if payment is not
made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral
of the matter to the Attorney General for appropriate action in a United States District Court.



WARNING ITEMS
The Notice did not propose a civil penalty or corrective action for three items listed in the Notice;
therefore, these are considered warning items. Respondent presented information in its Response
showing that it is addressing the cited items. Respondent is again warned that if OPS finds a
violation for any of these items in a subsequent inspection, enforcement action will be taken.
Under 49 C. F. R. $ 190. 215, Respondent has a right to submit a Petition for Reconsideration of this
Final Order. The petition must be received within 20 days of Respondent's receipt of this Final
Order and must contain a brief statement of the issue(s). The filing of the petition automatically
stays the payment of any civil penalty assessed. However if Respondent submits payment for the
civil penalty, the Final Order becomes the final administrative decision and the right to petition for
reconsideration is waived. The terms and conditions of this Final Order are effective on receipt.
OCT 3 0;&'i.
Date Issued
acey Gerard
Associate Administrator
for Pipeline Safety
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