{"operation":"document","citation":"CPF 420071015W","title":"BBT MIDLA, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-11-29","effective_on":null,"summary":"CLOSED warning letter citing 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420071015w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420071015w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420071015w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420071015W","body":"Warning Letter involving BBT MIDLA, LLC. PHMSA's enforcement data identifies the cited regulation as 192.805(b). The case was opened on 2007-11-29 and is reported as closed as of 2007-11-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420071015W_Warning Letter_11292007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420071015W/420071015W_Warning%20Letter_11292007.pdf\n\n420071015W_Warning Letter_11292007.pdf\n\nU.S. Department Houston, TX 77074\n8701 South Gessner, Suite 1110\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 29, 2007\nMr. Allan Schnieder\nVice President Engineering & Operations\nEnbridge Energy Company, Inc.\n1100 Louisiana, Suite 3330\nHouston, TX 77002\nCPF 4-2007-1015W\nDear Mr. Schnieder:\nOn September 11,2007, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nOperator Qualification Plan in Houston, Texas.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the\nprobable violation is:\n1. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified\nEnbridge did not follow their Operator Qualification Plan when allowing a contract individual who\nwas not properly qualified to perform task CT22( Inspect Valves) at their Johnson Bayou,\nn\n\n\n\nLouisiana Facility. The qualifications for the contract individual did not meet the requirements to\nbe qualified for the covered task.\nDuring the inspection, maintenance records and qualification records for Enbridge employees\nand contractors were reviewed. The review determined that on August 31,2007 Enbridge\nallowed a contract individual from Louisiana Safety Systems to perform task CT22 without being\nqualified according to the Operator Qualification Plan. The Operator Qualification Plan allows\nEnbridge to accept qualifications of contractor individuals who have successfully passed the\nrequired evaluations from OQSG, NCCER or EWebOQ. CT22 requires that a contract individual\nmust pass a written assessment and performance evaluation through OQSG or NCCER. The\nrecords indicated that the contract individual had passed the required OQSG and I'JCCER\nwritten assessments but did not indicate that he had passed the required performance\nevaluations. Enbridge needs to ensure that supervisors verify that contractors have the proper\nqualifications prior to allowing them to perform covered tasks on pipeline facilities.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item identified in\nthis letter. Failure to do so will result in Enbridge Energy Company, Inc. being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2007-1015W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration\n2","truncated":false,"body_characters":4189}