{"operation":"document","citation":"CPF 12020013WL","title":"UGI ENERGY SERVICES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-23","effective_on":null,"summary":"CLOSED warning letter citing 193.2719(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020013wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020013wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020013wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020013WL","body":"Warning Letter involving UGI ENERGY SERVICES. PHMSA's enforcement data identifies the cited regulation as 193.2719(a). The case was opened on 2020-10-23 and is reported as closed as of 2020-10-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020013WL_Warning Letter_10232020_(20-173883).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020013WL/12020013WL_Warning%20Letter_10232020_(20-173883).pdf\n\n12020013WL_Warning Letter_10232020_(20-173883)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020013WL/12020013WL_Warning%20Letter_10232020_(20-173883)_text.pdf\n\n12020013WL_Warning Letter_10232020_(20-173883)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nOctober 23, 2020\nJoseph Hartz\nVice President, Asset Management\nUGI Energy Services\n1 Meridian Blvd\nWyomissing, PA 19610\nCPF 1-2020-013-WL\nDear Mr. Hartz:\nFrom June 10-11, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nUGI Energy Services’ (UGI) construction project at the Temple Truck Rack Expansion project in\nBerks County, Pennsylvania.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 193.2719 Training: records.\n(a) Each operator shall maintain a system of records which -\n(1) Provide evidence that the training programs required by this\nsubpart have been implemented; and\n(2) Provide evidence that personnel have undergone and\nsatisfactorily completed the required training programs.\nUGI failed to maintain records providing evidence that the training program required by §\n193.2705(a) has been implemented and that the periodic reviews required by § 193.2705(b) have\nbeen performed.\n\n\n\nCPF 1-2020-013-WL\nSection 193.2705 Construction, installation, inspection, and testing states:\n(a) Supervisors and other personnel utilized for construction,\ninstallation, inspection, or testing must have demonstrated their capability\nto perform satisfactorily the assigned function by appropriate training in the\nmethods and equipment to be used or related experience and\naccomplishments.\n(b) Each operator must periodically determine whether inspectors\nperforming construction, installation, and testing duties required by this part\nare satisfactorily performing their assigned functions.\nDuring the inspection, the PHMSA inspector requested records indicating that personnel used in\nconstruction, installation, inspection and testing for the project had met the qualification\nrequirements of § 193.2705; however, UGI had no records to present.\nThus, UGI failed to maintain a system of records which provide evidence of the training programs\nthat should have been implemented and completed as required by § 193.2719(a), and pertaining to\n§ 193.2705.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. Also, for each violation involving LNG\nfacilities, and additional penalty of not more than $79,875 occurring on or after July 31, 2019 may\nbe imposed. For each violation involving LNG facilities, an additional penalty of not more than\n$77,910 occurring on or after November 27, 2018 and before July 31,2019 may be imposed. For\neach violation involving LNG facilities occurring on or after November 2, 2018 and before\nNovember 27, 2018, an additional penalty of not more than $76,352 may be imposed. For each\nviolation involving LNG facilities occurring prior to November 2, 2015, an additional penalty of\nnot more than $75,000 may be imposed. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in UGI Energy Services being subject to additional\nenforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\n12020013WL_Warning Letter_10232020_(20-173883)_text Page 2 of 3\n\n\n\nCPF 1-2020-013-WL\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2020-013-WL on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n12020013WL_Warning Letter_10232020_(20-173883)_text Page 3 of 3","truncated":false,"body_characters":6113}