{"operation":"document","citation":"CPF 12024007WL","title":"UGI ENERGY SERVICES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-01-18","effective_on":null,"summary":"CLOSED warning letter citing 192.631(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024007wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024007wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024007wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024007WL","body":"Warning Letter involving UGI ENERGY SERVICES. PHMSA's enforcement data identifies the cited regulation as 192.631(c)(3). The case was opened on 2024-01-18 and is reported as closed as of 2024-01-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024007WL_Warning Letter_01182024_(22-23337).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024007WL/12024007WL_Warning%20Letter_01182024_(22-23337).pdf\n\n12024007WL_Warning Letter_01182024_(22-23337)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024007WL/12024007WL_Warning%20Letter_01182024_(22-23337)_text.pdf\n\n12024007WL_Warning Letter_01182024_(22-23337)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 18, 2024\nMr. Joseph Hartz\nPresident Energy Services\nUGI Energy Services\n835 Knitting Mills Way\nWyomissing, Pennsylvania 19610\nCPF 1-2024-007-WL\nDear Mr. Hartz:\nFrom October 3, 2022, to October 6, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nconducted an on-site inspection of UGI Energy Services’ (UGI) procedures and records for control\nroom management of its central gas control room in Wyomissing, 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. § 192.631 Control Room Management.\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) …\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months.\nUGI failed to test and verify an internal communication plan for providing adequate means for\nmanual operation of its pipeline safely during 2019, 2020 and 2021.\n\n\n\nDuring the inspection, UGI was asked to submit records demonstrating that they had tested and\nverified its internal communication plan for manual operation of the pipeline. Records provided\nby the operator showed that the plan was tested on 8/30/2022 during a table-top drill. No other\nrecords were presented.\nTherefore, UGI failed to test and verify an internal communication plan for manual operation of\nits pipeline safely for 2019, 2020 and 2021.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in UGI\nEnergy Services being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2024-007-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":5316}