# BBT MIDLA, LLC — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 192.805(b).
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- **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.

Official case documents:

420071015W_Warning Letter_11292007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420071015W/420071015W_Warning%20Letter_11292007.pdf

420071015W_Warning Letter_11292007.pdf

U.S. Department Houston, TX 77074
8701 South Gessner, Suite 1110
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
November 29, 2007
Mr. Allan Schnieder
Vice President Engineering & Operations
Enbridge Energy Company, Inc.
1100 Louisiana, Suite 3330
Houston, TX 77002
CPF 4-2007-1015W
Dear Mr. Schnieder:
On September 11,2007, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your
Operator Qualification Plan in Houston, Texas.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the
probable violation is:
1. §192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(b) Ensure through evaluation that individuals performing covered tasks are
qualified
Enbridge did not follow their Operator Qualification Plan when allowing a contract individual who
was not properly qualified to perform task CT22( Inspect Valves) at their Johnson Bayou,
n



Louisiana Facility. The qualifications for the contract individual did not meet the requirements to
be qualified for the covered task.
During the inspection, maintenance records and qualification records for Enbridge employees
and contractors were reviewed. The review determined that on August 31,2007 Enbridge
allowed a contract individual from Louisiana Safety Systems to perform task CT22 without being
qualified according to the Operator Qualification Plan. The Operator Qualification Plan allows
Enbridge to accept qualifications of contractor individuals who have successfully passed the
required evaluations from OQSG, NCCER or EWebOQ. CT22 requires that a contract individual
must pass a written assessment and performance evaluation through OQSG or NCCER. The
records indicated that the contract individual had passed the required OQSG and I'JCCER
written assessments but did not indicate that he had passed the required performance
evaluations. Enbridge needs to ensure that supervisors verify that contractors have the proper
qualifications prior to allowing them to perform covered tasks on pipeline facilities.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000
for any related series of violations. We have reviewed the circumstances and supporting
documents involved in this case, and have decided not to conduct additional enforcement action
or penalty assessment proceedings at this time. We advise you to correct the item identified in
this letter. Failure to do so will result in Enbridge Energy Company, Inc. being subject to
additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 4-2007-1015W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe
the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
R. M. Seeley
Director, Southwest Region
Pipeline and Hazardous
Materials Safety Administration
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