{"operation":"document","citation":"CPF 120120003W","title":"PEI POWER CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-07-13","effective_on":null,"summary":"CLOSED warning letter citing 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120120003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120120003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120120003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120120003W","body":"Warning Letter involving PEI POWER CORP. PHMSA's enforcement data identifies the cited regulation as 192.603(b). The case was opened on 2012-07-13 and is reported as closed as of 2012-07-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120120003W_Warning Letter_07132012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120120003W/120120003W_Warning%20Letter_07132012_text.pdf\n\n120120003W_Warning Letter_07132012_text.pdf\n\nU.S. Department 820 Bear Tavern Road, Suite 103\nOf Transportation West Trenton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nWARNING LETTER\nOVERNIGHT EXPRESS MAIL\nJuly 13, 2012\nThomas Kukosky, Director of Operations\nPEI Power Corporation\n170 Power Blvd\nArchbald, PA 18403\nCPF 1-2012-0003W\nDear Mr. Kukosky:\nOn May 2-4 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the plastic\ntransmission landfill pipelines, owned by PEI Power Corporation (PEI) and operated by UGI\nEnergy Services (UGI), in Archbald, PA.\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 items inspected and the\nprobable violation is:\n1. §192.603 General provisions\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\nPEI did not keep records of an annual review of its Operation and Maintenance (O&M) manual\nfor the year 2011. These records are necessary to administer the procedures established under\n§192.605. In accordance with §192.605(a), PEI must review and update its O&M at intervals\nnot exceeding 15 months, but at least once each calendar year. A representative from UGI could\nnot produce any records showing that an annual review of the O&M manual had been completed\nin 2011. No records of annual reviews were presented during the inspection. A representative\nfrom UGI was called two days after the inspection and still had not found any record of an\nannual review or the O&M manual.\n\n\n\n1-2012-0003W\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item identified in this letter.\nFailure to do so will result in PEI Power Corporation being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nW. Trenton, NJ 08628. Please refer to CPF 1-2012-0003W on each document you submit, and\nplease whenever possible provide a signed PDF copy in electronic format. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120120003W_WL_07132012 Page 2 of 2","truncated":false,"body_characters":3785}