# BBT ALATENN, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220201002
- **title:** BBT ALATENN, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2020-12-09
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.161(a)(3), 192.161(b), 192.161(c)(2), 192.161(c)(3), 192.463(a), 192.605(a), 192.605(b)(2), 192.947(g).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220201002
**body:**

Notice of Probable Violation involving BBT ALATENN, LLC. PHMSA's enforcement data identifies the cited regulations as 192.161(a)(3),  192.161(b),  192.161(c)(2),  192.161(c)(3),  192.463(a),  192.605(a),  192.605(b)(2),  192.947(g). The case was opened on 2020-12-09 and is reported as closed as of 2022-03-22. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220201002_Closure Letter_03222022_(19-163523S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_Closure%20Letter_03222022_(19-163523S).pdf

220201002_Closure Letter_03222022_(19-163523S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_Closure%20Letter_03222022_(19-163523S)_text.pdf

220201002_Final Order_02122021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_Final%20Order_02122021.pdf

220201002_Final Order_02122021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_Final%20Order_02122021_text.pdf

220201002_NOPV PCO_12092020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_NOPV%20PCO_12092020.pdf

220201002_NOPV PCO_12092020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_NOPV%20PCO_12092020_text.pdf

220201002_Operator Response to Notice_01082021_(19-163523S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/220201002/220201002_Operator%20Response%20to%20Notice_01082021_(19-163523S).pdf

220201002_Final Order_02122021_text.pdf

February 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



U.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).



CPF 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

DELIVERY 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
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