{"operation":"document","citation":"CPF 220026003","title":"DUKE ENERGY FLORIDA, LLC D/B/A DUKE ENERGY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.509(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220026003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220026003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220026003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220026003","body":"Notice of Probable Violation involving DUKE ENERGY FLORIDA, LLC D/B/A DUKE ENERGY. PHMSA's enforcement data identifies the cited regulation as 195.509(a). The case was opened on 2002-02-12 and is reported as closed as of 2003-11-04. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220026003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220026003/220026003.pdf\n\n220026003_final order_07292003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220026003/220026003_final%20order_07292003.pdf\n\n220026003_final order_07292003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220026003/220026003_final%20order_07292003_text.pdf\n\n220026003_final order_07292003_text.pdf\n\ntt s Dsrttstmtss\not slttgssttttton\n~ QO sevenlll sl 5 w\nwasneglgn o c 205gc,\nJUL 29 2003\nMr. H. William Habermeyer, Jr\nPresident\nFlorida Power Corporation\nA Progress Energy Company\nP. O. Box 14042\nSt, Petersburg, FL 33733\nRE: CPF No. 2-2002-6003\nDear Mr. Habermeyer:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. lt makes a finding of violation and ~ a civil penalty of $5, 000. Thc\npenalty payment terms are set forth in the Final Order. This enforcement action closes automatically\nupon payment. Your receipt of the Final Order constitutes service of that document under 49 C. F. R.\nli 190. 5.\nSincerely,\n4 4ei\n~ya M,\nPipeline Compliance Registry\nOffice or~~ Safety~\nEnclosure\ncc: Mr. Lloyd Yates, Vice-President Fossil Generation\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn thc Matter of\nFLORIDA POWER CORPORATION,\nA progress Energy Company\nRespondent.\nCPF No. 2-2002-6003\n~\nDuring October 23-24, 2001, pursuant to 49 U. S. C. 4 60117, a representative of the Office of\nPipeline Safety(OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and\nrecords in Saint Petersburg, Florida. As a result of the inspection, the Director, Southern Retp'on,\nOPS, issued to Respondent, by letter dated February 12, 2002, a Notice of Probable Violation and\nProposed Civil Penalty (Notice). In accordance with 49 C. F. R. II 190. 207, the Notice proposed\nfinding that Respondent had violated 49 C. F. R. $5195. 509 and proposed assessing a civil penalty\nof $5, 000 for the allcgcd violation.\nRespondent responded to the Notice by letter dated March 11, 2002 (Response). Respondent\ncontested the allegation of violation and pmvided information in mitigation of the proposed civil\npenalty. Respondent did not request a hearing, consequently Respondent waived its right to one.\nV I\nThe Notice alleged that Respondent violated 49 C. F. R. $195. 509(a) by not having a written\nqualification program in place by April 27, 2001.\nln response, Respondent argued that it has two manuals that are used to qualify staff' for pipeline snd\nterminal operations. Respondent explained that plant staff overlooked thc manuals during the OPS\ninspection. Respondent's response included a copy of its \"Terminal Operator Pre-Journeyman\nDevelopment Manual\" and \"Pipeline Maintenance Manual. \" On July 12, 2002, Respondent\nsubmitted its \"FPC OQ Program Plan. \"\nAt the time of the inspection, October 23-24, 2001, Respondent did not have a written operator\nqualification plan. Respondent's OQ Program Plan was prepared and issued on May 15, 2002 and\nsubmitted on July 12, 2002, after the April 27, 2001-deadline. Accordingly, I find that Respondent's\ndid not have a written operator qualification plan by April 27, 2001 as required by 49 C. F, R.\nti195. 509(a).\nThis finding of violation will be considered a prior offens in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nUnder 49 V. S. C. tj 60122, Rcspondcnt is subject to a civil penalty not to exceed $100, 000 pcr\nviolation for each day of the violation up to a maximum of $1, 000, 000 for any related series of\nviolations. The Notice proposed a $5, 000 civil penalty for violation of 49 C. F. R. (j 195. 509(a).\n49 U. S. C. Ij 60122 and 49 C. F. R. Ij 190. 225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nol Respondent's culpability, history of Respondent's prior offenses, Rcspondcnt's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $5, 000, as Respondent failed to have a written qualilication\nprogram in place by April 27, 2001. In response to the Notice and in support of its position, th«\nRespondent submitted its \"Terminal Operator Prc-Journeyman Development Manual, \" \"Pipeline\nMaintenance Manual\" and \"FPC OQ Program Plan. \" Respondent argued that the proposed $5, 000\ncivil penalty is unwarranted and should be withdrawn.\nRespondent's \"FPC OQ Program Plan\" was prepared and issued on May 15, 2002. Respondent did\nnot have a written operator qualification plan by April 27, 2001 as required by 49 C. F. R.\nt)195. 509(a). The other manuals submitted by Respondent comply with the operation and\nmaintenance training requirements of 195. 403, not the qualification of pipeline personnel\nrequirements of Subpart G, 49 CFR 195. Accordingly, having reviewed the record and considered\nthe assessment criteria, I assess Respondent a civil penalty of $5, 000. for violation of 49 C. F. R.\ntj195. 509(a).\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing thc CPF Number for this case) payable to\n\"U. S. Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P. O. Box 25770, Oklahoma City,\nOK 73125.\nFederal regulations (49 C. F. R. Ij 89. 21(b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U. S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire transfers should bc\ndirected to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.\nFailure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U. S. C. tj 3717, 31 C. F. R. I) 901, 9 and 49 C. F. R. tj 89. 23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action in an United States District Court.\n\n\n\nUnder 49 C. F. R. tj 190. 215, Respondent has a right to petition for reconsideration of this Final\nOrder. The petition must be received within 20 days of Respondent's receipt of this Final Order and\nmust contain a brief statement of the issue(s). The filing of a petition automatically stays the\npayment of any civil penalty assessed. All other terms of the order, including any required corrective\naction, shall remain in full cffcct unless the Associate Administrator, upon written request, grants\na stay. The terms and conditions of this Final Order are effective upon receipt.\nFailure to comply with this Final Order may result in thc assessmcnt of civil penalties of up to\n$ 1 00, 000 per violation per day, or in the referral of the case for judicial enforcement.\nJijL 29 20G3\nDine Issuecl i\n+ Associate Administrator)\nfor 1\"ipelmc Safety~","truncated":false,"body_characters":7868}