# PEI POWER CORP — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 192.603(b).
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- **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.

Official case documents:

120120003W_Warning Letter_07132012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120120003W/120120003W_Warning%20Letter_07132012_text.pdf

120120003W_Warning Letter_07132012_text.pdf

U.S. Department 820 Bear Tavern Road, Suite 103
Of Transportation West Trenton, NJ 08628
Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
WARNING LETTER
OVERNIGHT EXPRESS MAIL
July 13, 2012
Thomas Kukosky, Director of Operations
PEI Power Corporation
170 Power Blvd
Archbald, PA 18403
CPF 1-2012-0003W
Dear Mr. Kukosky:
On May 2-4 2011, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the plastic
transmission landfill pipelines, owned by PEI Power Corporation (PEI) and operated by UGI
Energy Services (UGI), in Archbald, PA.
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 items inspected and the
probable violation is:
1. §192.603 General provisions
(b) Each operator shall keep records necessary to administer the procedures
established under §192.605.
PEI did not keep records of an annual review of its Operation and Maintenance (O&M) manual
for the year 2011. These records are necessary to administer the procedures established under
§192.605. In accordance with §192.605(a), PEI must review and update its O&M at intervals
not exceeding 15 months, but at least once each calendar year. A representative from UGI could
not produce any records showing that an annual review of the O&M manual had been completed
in 2011. No records of annual reviews were presented during the inspection. A representative
from UGI was called two days after the inspection and still had not found any record of an
annual review or the O&M manual.



1-2012-0003W
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 PEI Power Corporation being subject to additional enforcement
action.
No reply to this letter is required. If you choose to reply, please submit all correspondence in this
matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,
W. Trenton, NJ 08628. Please refer to CPF 1-2012-0003W on each document you submit, and
please whenever possible provide a signed PDF copy in electronic format. 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,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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