# TOTAL PEAKING SERVICES — Warning Letter - **operation:** document - **citation:** CPF 120143004W - **title:** TOTAL PEAKING SERVICES — Warning Letter - **source type:** enforcement - **agency:** Pipeline and Hazardous Materials Safety Administration - **status:** historical - **official:** true - **published on:** 2014-12-16 - **effective on:** Not available - **summary:** CLOSED warning letter citing 193.2639(a). - **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120143004w.json - **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120143004w.md - **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120143004w - **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120143004W **body:** Warning Letter involving TOTAL PEAKING SERVICES. PHMSA's enforcement data identifies the cited regulation as 193.2639(a). The case was opened on 2014-12-16 and is reported as closed as of 2014-12-16. Open the official case record for notices, responses, orders, and the latest status. Official case documents: 120143004W_Warning Letter_12162014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143004W/120143004W_Warning%20Letter_12162014.pdf 120143004W_Warning Letter_12162014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120143004W/120143004W_Warning%20Letter_12162014_text.pdf 120143004W_Warning Letter_12162014_text.pdf U.S. Department Of Transportation Pipeline and 609.989.2171 Hazardous Materials Safety Administration 820 Bear Tavern Road, Suite 103 West Trenton, NJ 08628 WARNING LETTER OVERNIGHT EXPRESS MAIL December 16, 2014 Mr. Robert Allessio Senior Vice President, United Resources Inc. 157 Church Street New Haven, CT 06510 CPF 1-2014-3004W Dear Mr. Allessio: Between April 7-10, 2014, inspectors from the Connecticut Department of Energy and Environmental Protection (DEEP), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Total Peaking Services (TPS) procedures, records and LNG plant facilities in Milford, CT. 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. §193.2639 Maintenance records (a) Each operator shall keep a record at each LNG plant of the date and type of each maintenance activity performed on each component to meet the requirements of this part. For each LNG facility that is designed and constructed after March 31, 2000 the operator shall also maintain related periodic inspection and testing records that NFPA 59A (incorporated by reference, see § 193.2013) requires. Maintenance records, whether required by this part or NFPA 59A must be kept for a period of not less than five years. The TPS record for the elevation survey of aboveground piping was missing two elevations in the piping area survey dated 12/6/2013. The elevations were on previous surveys and no explanation was provided in the survey record as to why they were not included in the 12/6/2013 survey. TPS representatives stated that there were circumstances with a new set of stairs that may have obstructed the points from being surveyed. Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per 1-2014-3004W violation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. Also, for LNG facilities, an additional penalty of not more than $50,000 for each violation may be imposed. 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 TPS being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, please address your correspondence to: Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628 and please refer to CPF 1-2014-3004W. 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). Additionally, if you choose to respond to this (or any other case), please ensure that any response letter pertains solely to one CPF case number. Sincerely, Byron Coy, PE Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Cc: Karl Baker, CT DEEP 120143004W-WL-12162014 Page 2 of 2 - **truncated:** false - **body characters:** 4496