Warning Letter to Preet Excavating Ltd.
NEB File: RDIMS# 1127291
Enforcement File: CV1819-440
16 October 2018
Preet Excavating Ltd.
a.k.a. S. Preet Excavation Ltd.,
a.k.a. Preet Excavation and Framing Ltd.
a.k.a. S Preet Construction Ltd.
8994 Queen Mary Blvd
Surrey BC V3V 6R1
Attention: 
- Warning Letter to Preet Excavating Ltd.
Dear Sir:
The National Energy Board (NEB) has received two reports of unauthorized activities being conducted on or around federally regulated pipelines by employees of your company. These reports have been made to the NEB by Kinder Morgan Canada (KMC).
Summary of Unauthorized Activities
UX2016-084
On 16 June 2016, KMC reported an unauthorized activity (ground disturbance and construction of a facility) conducted by Preet Excavating Ltd. that had occurred on KMC’s Trans-Mountain Pipeline right-of-way at or around 15809 – 105A Avenue, Surrey, BC on or around 1 June 2016.
Upon review by NEB staff of the information received from both KMC and Preet Excavating Ltd., the NEB determined that Preet Excavating Ltd. was in non-compliance with the Pipeline Crossing Regulations – Part I, ss.6(b) that were in force at the time of the contraventionFootnote 1. On 12 September 2016, the NEB sent a letter to Mr.informing him of Preet Excavating Ltd,’s responsibilities and requirements for working in and around federally regulated pipelines.
UX2017-206
On 13 September 2017, KMC reported an unauthorized activity (ground disturbance) conducted by S. Preet Excavation Ltd. that had occurred on KMC’s Trans-Mountain Pipeline right-of-way at or around – 105A Avenue, Surrey, BC on or around 27 July 2017.
Upon review by the NEB staff of the information received from both KMC and S. Preet Excavation Ltd., the NEB determined that S. Preet Excavation Ltd. was in non-compliance with the National Energy Board Damage Prevention Regulations – Authorizations (DPR-A), ss.10(1)(a) and s.12.
Summary of Findings
Upon examining the information supplied by the parties as part of our review into these incidents, the NEB determined that Preet Excavating Ltd, also known as S. Preet Excavation Ltd., and its representative, Mr. , were aware of their obligation as they pertain to performing work around pipelines, yet twice contravened federal legislation.
On 23 August 2018 and 6 September 2018, NEB staff attempted to contact Mr. at phone number to discuss these unauthorized activities. NEB staff was unable to speak to Mr. , as multiple calls went unanswered and the voice mail box was full and could not receive messages.
Conclusion
This warning is intended to bring this matter to your attention in order for you to take the necessary preventative measures to ensure compliance with the National Energy Board Act and its associated Regulations.
Preet Excavating Ltd. must ensure that the procedure and processes governing excavation work near federally regulated pipelines are followed, and that those who perform excavation work are informed of safe work practices in accordance with section 112 of the National Energy Board Act and measures set out in the NEB's Damage Prevention Regulations (Authorizations). Please refer to the NEB’s Damage Prevention Framework.
Please be advised that this letter will form part of Preet Excavating Limited’s compliance history, and any future reported incidents may result in further enforcement action, including administrative monetary penalties, in accordance with the NEB's enforcement policy and procedures. You can find more information on the Board's compliance and enforcement activities here.
If you have any questions regarding this review or any related topic, please contact , Technical Specialist – Investigations, by telephone toll-free at 1-800-899-1265 or directly at , or by email at .
Yours sincerely,
Original signed by
Director
Audit, Enforcement and Investigations
Systems Operations Business Unit
c.c.: , Operations Inspector, National Energy Board, Kinder Morgan Canada
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