BBT ALATENN, LLC — Notice of Probable Violation

case documentOfficial PDF220201002_NOPV PCO_12092020.pdf#

case documentOfficial PDF220201002_NOPV PCO_12092020_text.pdf#

party submissionOfficial PDF220201002_Operator Response to Notice_01082021_(19-163523S).pdf#

220201002_Final Order_02122021_text.pdf, page 1Official PDFFebruary 12, 2021 VIA ELECTRONIC MAIL TO: rcasadaban@blackbearllc.com Mr. Rene Casadaban Chief Executive Officer Black Bear Transmission, LLC 1501 McKinney Street, Suite 800 Houston, Texas 77010 Re: CPF No. 2-2020-1002 Dear Mr. Casadaban: Enclosed please find the Final Order issued in the above-referenced case to BBT AlaTenn, LLC. It makes findings of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order have been completed, as determined by the Director, Southern Region, this enforcement action will be closed. Service of the Final Order by electronic mail is effective upon the date of transmission, as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. James Urisko, Director, Southern Region, Office of Pipeline Safety, PHMSA Ms. Ronda Louderman, Vice President, EHS&R, Black Bear Transmission, LLC rlouderman@blackbearllc.com CONFIRMATION OF RECEIPT REQUESTED#

220201002_Final Order_02122021_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ___________________________________________ In the Matter of ) ) ) BBT AlaTenn, LLC, a subsidiary of Black Bear Transmission, LLC, ) ) Respondent. ) ___________________________________________) ) CPF No. 2-2020-1002 FINAL ORDER On December 9, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Southern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to BBT AlaTenn, LLC (BBT or Respondent), a subsidiary of Black Bear Transmission, LLC.1 The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the violations. The Notice was mailed to Respondent by certified mail (USPS Article No. 70181130000005385435) on December 10, 2020, and was received by Respondent on December 14, 2020.2 To date, Respondent has neither responded to the Notice nor contested the allegations of violation or proposed corrective measures. Under 49 C.F.R. § 190.208(d), such failure to respond constitutes a waiver of BBT's right to contest the allegations in the Notice and authorizes the Associate Administrator, without further notice, to find facts as alleged in the Notice and issue this Final Order under § 190.213. Under such circumstances, I find it reasonable and appropriate to enter this Final Order without further proceedings. Accordingly, based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated herein by reference: 49 C.F.R. § 192.463 (Item 2) ─ Respondent failed to provide a level of cathodic protection that complied with one or more of the applicable criteria contained in Appendix D of Part 192 for aluminum pipelines. 1 Black Bear Transmission website, BBT (Alatenn), LLC, available at http://www hienergyebb.com/ALATENN/Home (last accessed February 4, 2021). 2 Certified mail return receipt (on file with PHMSA).#

220201002_Final Order_02122021_text.pdf, page 3CPF No. 2-2020-1002 Page 2 This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ACTIONS Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. WARNING ITEMS With respect to Items 1, 3 and 4, the Notice alleged probable violations of 49 C.F.R. §§ 192.161, 192.605 and 192.947, respectively, but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. February 12, 2021 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

220201002_Closure Letter_03222022_(19-163523S)_text.pdf, page 1Official PDFDELIVERY METHOD – VIA FEDERAL EXPRESS March 22, 2022 Mr. Rene Casadaban Chief Executive Officer Black Bear Transmission, LLC 1501 McKinney Street, Suite 800 Houston, Texas 77010 CPF 2-2020-1002 Dear Mr. Casadaban: Between October 21 to October 24, 2019, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) inspected BBT ALATENN, LLC (ALATENN) records and pipeline facilities in Mississippi and Alabama, pursuant to Chapter 601 of 49 United States Code. ALATENN is a subsidiary of Black Bear Transmission, LLC. As a result of the inspection PHMSA issued a Notice of Probable Violation and Proposed Compliance Order on December 9, 2020 and a Final Order on February 12, 2021. ALATENN submitted multiple responses from February 19, 2021 through February 24, 2022, confirming procedural updates required by the referenced Order. Furthermore, ALATENN provided documentation confirming its abandonment of the “Wise Alloys Lateral,” thus negating the need for the Close Interval Survey, also required by the referenced Order. PHMSA has reviewed ALATENN’s responses and determined that ALATENN has complied with the terms of the Final Order. This letter is to inform you no further action is necessary and this case is now closed. Please be advised that this letter refers only to the referenced case (CPF 2-2020-1002, ALATENN (BBT ALATENN, LLC)) and not to any other PHMSA cases, if any. Sincerely, James A. Urisko Director, Office of Pipeline Safety PHMSA Southern Region#