{"operation":"document","citation":"CPF 32025024NOPV","title":"BBT ALATENN, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2025-11-06","effective_on":null,"summary":"OPEN notice of probable violation citing 192.5(b), 192.5(d), 192.605(a), 192.911(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025024nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025024nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025024nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32025024NOPV","body":"Notice of Probable Violation involving BBT ALATENN, LLC. PHMSA's enforcement data identifies the cited regulations as 192.5(b),  192.5(d),  192.605(a),  192.911(a). The case was opened on 2025-11-06 and is reported as open. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32025024NOPV_Final Order_04302026_(24-297583).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025024NOPV/32025024NOPV_Final%20Order_04302026_(24-297583).pdf\n\n32025024NOPV_Final Order_04302026_(24-297583)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025024NOPV/32025024NOPV_Final%20Order_04302026_(24-297583)_text.pdf\n\n32025024NOPV_Operator Response to Notice_12292025_(24-297583).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025024NOPV/32025024NOPV_Operator%20Response%20to%20Notice_12292025_(24-297583).pdf\n\n32025024NOPV_PCO_11062025_(24-297583).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025024NOPV/32025024NOPV_PCO_11062025_(24-297583).pdf\n\n32025024NOPV_PCO_11062025_(24-297583)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025024NOPV/32025024NOPV_PCO_11062025_(24-297583)_text.pdf\n\n32025024NOPV_Final Order_04302026_(24-297583)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nApril 30, 2026\nVIA ELECTRONIC MAIL TO: rcasadaban@blackbearllc.com\nRene Casadaban\nChief Executive Officer\nBlack Bear Transmission, LLC\n1501 McKinney, Suite 800\nHouston, TX 77010\nRe: CPF No. 3-2025-024-NOPV\nDear Mr. Casadaban:\nEnclosed please find the Final Order issued in the above-referenced case. It withdraws one of the\nallegations of violation, makes a finding of violation and specifies actions that need to be taken\nby Black Bear Transmission, LLC to comply with the pipeline safety regulations. When the\nterms of the compliance order have been completed, as determined by the Director, Central\nRegion, this enforcement action will be closed. Service of the Final Order by e-mail is effective\nupon the date of transmission and acknowledgement of receipt as provided under 49 CFR §\n190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure\ncc: A.J. McKean, Director, Central Region, Office of Pipeline Safety, PHMSA\nLarry Bonner, VP of Operations, Black Bear Transmission, LLC,\nlbonner@blackbearllc.com\nTodd Cash, VP, Compliance & Sustainability, Enstor Gas,\ntodd.cash@enstorinc.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nBlack Bear Transmission, LLC, a ) CPF No. 3-2025-024-NOPV\na subsidiary of Enstor Pipeline )\nHoldings, LLC, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom July 29 to August 2, 2024, and from August 26 to August 30, 2024, pursuant to 49 U.S.C.\n§ 60117, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted a pipeline safety inspection of the\nprocedures and records of Black Bear Transmission, LLC (BBT or Respondent) in Monroe,\nLouisiana, and Florence, Alabama. BBT operates 12 regulated natural gas pipelines stretching\nmore than 1,700 miles with a total capacity of more than 2.6 billion cubic feet per day.\n1\nAs a result of the inspection, the Acting Director, Central Region, OPS (Director), issued to\nRespondent, by letter dated November 6, 2025, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 CFR § 190.207, the Notice proposed finding\nthat BBT had committed two violations of 49 CFR Part 192 and proposed ordering Respondent\nto take certain measures to correct the alleged violations. The Notice also included a warning\nitem pursuant to 49 CFR § 190.205, which warned Respondent to correct the probable violation\nor face possible future enforcement action.\nOn November 7, 2025, Camstex, BBT’s third party compliance contractor, informally responded\nto the Notice and provided additional records. By letter dated November 20, 2025, BBT\ninformed the Acting Director that BBT sold Black Bear Transmission Opco, LLC, and its\nsubsidiaries to Enstor Pipeline Holdings, LLC (Enstor). BBT requested an extension of time to\nrespond to the Notice in light of the transaction. The Acting Director granted the request. Enstor,\non behalf of BBT, formally responded to the Notice on December 29, 2025 (Response). BBT\ncontested most of the allegations. BBT did not request a hearing and therefore has waived its\nright to one.\n1 Black Bear Transmission, LLC, About, https://www.blackbearllc.com/ (last visited Jan. 15, 2026).\n\n\n\nCPF No. 3-2025-024-NOPV\nPage 2\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 CFR Part 192, as follows:\nItem 2: The Notice alleged that Respondent violated 49 CFR § 192.605(a), which states:\n§ 192.605(a) Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a\nmanual of written procedures for conducting operations and maintenance\nactivities and for emergency response. For transmission lines, the manual\nmust also include procedures for handling abnormal operations. This\nmanual must be reviewed and updated by the operator at intervals not\nexceeding 15 months, but at least once each calendar year. This manual\nmust be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where operations\nand maintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 CFR § 192.605(a) by failing to follow for each\npipeline, a manual of written procedures for conducting operations and maintenance activities\nand for emergency response. Specifically, the Notice alleged that BBT failed to identify four\npipeline segments as affecting moderate consequence areas (MCAs), as that term is defined in\nsection 4 of its operations and maintenance procedures and 49 CFR § 192.3. The Notice alleged\nfour instances where BBT’s GIS software only identified one of two parallel pipelines as\naffecting an MCA.\nIn its Response, BBT contested Item 2. BBT stated that the four referenced pipeline segments\nwere identified as affecting MCAs and provided supporting records.\nWith respect to the first instance of violation involving Main Line 100 (10-inch) and Main Line\n101 (12-inch) at coordinates 34.761758°, -88.036201°, BBT provided documentation identifying\nthe segments as “MCA 74-1” and “MCA 74-2,” respectively.2 As the record demonstrates that\nBBT concluded that both pipelines affect an MCA, the first instance of violation is withdrawn.\nWith respect to the second instance of violation involving Main Line 100 (10-inch) and Main\nLine 101 (12-inch) at coordinates 34.746751°, -87.948997°, BBT provided documentation\nidentifying the segments as “MCA 69-1” and “MCA 69-2,” respectively.3 As the record\ndemonstrates that BBT concluded that both pipelines affect an MCA, the second instance of\nviolation is withdrawn.\nWith respect to the third instance of violation involving Main Line 101 (12-inch) and Main Line\n102 (16-inch) at coordinates 34.705583°, -87.672873°, BBT provided documentation identifying\n2 See Operator Attach. – No. 2, Bullet 1, Picture 2 (Nov. 7, 2025).\n3 See Operator Attach. – No. 2, Bullet 2, Picture 2 (Nov. 7, 2025).\n\n\n\nCPF No. 3-2025-024-NOPV\nPage 3\nthe segments as “MCA 15_56-1” and “MCA 15_56-2,” respectively.4 As the record\ndemonstrates that BBT concluded that both pipelines affect an MCA, the third instance of\nviolation is withdrawn.\nWith respect to the fourth instance of violation involving Main Line 500 (12-inch) and Main\nLine 501 (10-inch) at coordinates 34.686055°, -86.753673°, BBT provided documentation\nidentifying the segments as “MCA 10-1” and “MCA 10-2,” respectively.5 As the record\ndemonstrates that BBT concluded that both pipelines affect an MCA, the fourth instance of\nviolation is withdrawn.\nBased upon the foregoing, I hereby order that Item 2 be withdrawn.\nItem 3: The Notice alleged that Respondent violated 49 CFR § 192.911(a), which states:\n§ 192.911 What are the elements of an integrity management program?\nAn operator’s initial integrity management program begins with a\nframework (see § 192.907) and evolves into a more detailed and\ncomprehensive integrity management program, as information is gained\nand incorporated into the program. An operator must make continual\nimprovements to its program. The initial program framework and\nsubsequent program must, at minimum, contain the following elements.\n(When indicated, refer to ASME B31.8S (incorporated by reference, see §\n192.7) for more detailed information on the listed element.)\n(a) An identification of all high consequence areas, in accordance with\n§ 192.905.\nThe Notice alleged that Respondent violated 49 CFR § 192.911(a) by failing to identify all high\nconsequence areas (HCAs). Specifically, the Notice alleged that BBT failed to identify five\npipeline segments that are in HCAs.\nIn its Response, BBT contested three of the five instances of violation in Item 3.\nWith respect to the first instance of violation involving Main Line 100 at coordinates\n34.949314°, -88.447764°, BBT asserted that the pipeline was rerouted and no longer affects an\nHCA. This assertion is unsubstantiated. BBT failed to proffer any corroborating evidence, such\nas alignment sheets, “As-Built” surveys, or construction records, to prove the segment's\nrelocation. Furthermore, BBT’s claim is directly contradicted by official data. Satellite imagery\nfrom the National Pipeline Mapping System (NPMS)—updated as of February 20, 2025—shows\nthe segment in its original location.6 Therefore, I find that BBT violated 49 CFR § 192.911(a)\nby failing to identify Main Line 100 at coordinates 34.949314°, -88.447764° as in an HCA.\n4 See Operator Attach. – No. 2, Bullet 3, Picture 2 (Nov. 7, 2025).\n5 See Operator Attach. – No. 2, Bullet 4, Picture 2 (Nov. 7, 2025).\n6 Operators are required to submit current geospatial data to PHMSA annually. See 49 CFR § 191.29.\n\n\n\nCPF No. 3-2025-024-NOPV\nPage 4\nWith respect to the second instance of violation involving Florence-Scheffield 8 at coordinates\n34.737092°, -87.678103°, BBT argued that this location does not meet the definition of an HCA\nbecause the structures are beyond the 127-foot potential impact radius (PIR). While the Acting\nDirector relied on a 1985 satellite image showing a community college building within the PIR,7\nmore recent evidence contradicts this finding. Google Earth satellite imagery dated July 12,\n2025, confirms that the building in question has been demolished. Absent this structure, no\nbuildings at the community college remain within the potential impact radius. I therefore\nwithdraw the second instance of violation.\nWith respect to the fourth instance of violation involving Hartselle (6-inch) 8 at coordinates\n34.564305°, -87.007985°, BBT argued that it treated the location as a single HCA despite a GIS\nerror that indicated part of an apartment complex was not an HCA. BBT provided satellite\nimagery from its GIS software indicating that the entire apartment complex is categorized as an\nHCA.8 BBT also provided documentation identifying the segment as “HCA 1, 11, and 12.”9 I\ntherefore withdraw the fourth instance of violation.\nBBT did not contest the third and fifth instances of violation involving Florence-Scheffield 8 and\nHartselle (6-inch) at coordinates 34.752806°, -87.679240° and 34.551230°, -86.995503°,\nrespectively.\nAccordingly, after considering all of the evidence, I find that Respondent violated 49 CFR\n§ 192.911(a) only with respect to the first, third, and fifth instances of violation.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 2 and 3 in the Notice for\nviolations of 49 CFR §§ 192.605(a) and 192.911(a), respectively. Under 49 U.S.C. § 60118(a),\neach person who engages in the transportation of gas or who owns or operates a pipeline facility\nis required to comply with the applicable safety standards established under chapter 601. As\ndiscussed above, Item 2 and two instances of violation in Item 3 have been withdrawn.\nTherefore, the compliance terms proposed in the Notice for those Items are not included in this\nOrder.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered\nto take the following actions to ensure compliance with the pipeline safety regulations applicable\nto its operations:\n1. With respect to the violation of 49 CFR § 192.911(a) (Item 3), Respondent must\n7 See Pipeline Safety Violation Report, Item 3B_HCA 2 Florence-Scheffield 8.\n8 See Operator Attach. – No. 3, Bullet 4, Picture 1 (Nov. 7, 2025).\n9 See Operator Attach. – No. 3, Bullet 4, Picture 2 (Nov. 7, 2025).\n\n\n\nCPF No. 3-2025-024-NOPV\nPage 5\nupdate its O&M to include steps to properly identify, verify, and take any required\naction on HCAs within 30 days of receipt of the Final Order, for the Director’s review\nand approval. Furthermore, BBT must submit records to demonstrate the\nimplementation and completion of its updated O&M within 90 days of the Director’s\napproval of the new procedures.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by Respondent and demonstrating good cause for an extension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nexceeding $200,000, as adjusted for inflation (see 49 CFR § 190.223 for adjusted amounts), for\neach violation for each day the violation continues or in referral to the Attorney General for\nappropriate relief in a district court of the United States.\nWARNING ITEM\nWith respect to Item 1, the Notice alleged probable violation of Part 192, but identified it as a\nwarning item pursuant to 49 CFR § 190.205. The warning was for:\n49 CFR § 192.5(d) (Item 1) ─ Respondent’s alleged failure to have records that\ndemonstrate it determined each current class location in accordance with 49 CFR\n§ 192.5(b).\nBBT presented information in its Response showing that it had taken certain actions to address\nthe cited items. If OPS finds a violation of this provision in a subsequent inspection, Respondent\nmay be subject to future enforcement action.\nUnder 49 CFR § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, S.E., East Building, 2nd Floor, Washington, D.C. 20590, with a copy sent to the Office\nof Chief Counsel, PHMSA, at the same address. The written petition must be received no later\nthan 20 days after receipt of the Final Order by Respondent. Any petition submitted must\ncontain a statement of the issue(s) and meet all other requirements of 49 CFR § 190.243. The\nterms of the order, including corrective action, remain in effect unless the Associate\nAdministrator, upon request, grants a stay. The terms and conditions of this Final Order are\neffective upon service in accordance with 49 CFR § 190.5.\n\n\n\nCPF No. 3-2025-024-NOPV\nPage 6\n___________________________________ __________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":16031}