# DUKE ENERGY FLORIDA, LLC D/B/A DUKE ENERGY — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

220026003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220026003/220026003.pdf

220026003_final order_07292003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220026003/220026003_final%20order_07292003.pdf

220026003_final order_07292003_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220026003/220026003_final%20order_07292003_text.pdf

220026003_final order_07292003_text.pdf

tt s Dsrttstmtss
ot slttgssttttton
~ QO sevenlll sl 5 w
wasneglgn o c 205gc,
JUL 29 2003
Mr. H. William Habermeyer, Jr
President
Florida Power Corporation
A Progress Energy Company
P. O. Box 14042
St, Petersburg, FL 33733
RE: CPF No. 2-2002-6003
Dear Mr. Habermeyer:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. lt makes a finding of violation and ~ a civil penalty of $5, 000. Thc
penalty payment terms are set forth in the Final Order. This enforcement action closes automatically
upon payment. Your receipt of the Final Order constitutes service of that document under 49 C. F. R.
li 190. 5.
Sincerely,
4 4ei
~ya M,
Pipeline Compliance Registry
Office or~~ Safety~
Enclosure
cc: Mr. Lloyd Yates, Vice-President Fossil Generation



DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In thc Matter of
FLORIDA POWER CORPORATION,
A progress Energy Company
Respondent.
CPF No. 2-2002-6003
~
During October 23-24, 2001, pursuant to 49 U. S. C. 4 60117, a representative of the Office of
Pipeline Safety(OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and
records in Saint Petersburg, Florida. As a result of the inspection, the Director, Southern Retp'on,
OPS, issued to Respondent, by letter dated February 12, 2002, a Notice of Probable Violation and
Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. II 190. 207, the Notice proposed
finding that Respondent had violated 49 C. F. R. $5195. 509 and proposed assessing a civil penalty
of $5, 000 for the allcgcd violation.
Respondent responded to the Notice by letter dated March 11, 2002 (Response). Respondent
contested the allegation of violation and pmvided information in mitigation of the proposed civil
penalty. Respondent did not request a hearing, consequently Respondent waived its right to one.
V I
The Notice alleged that Respondent violated 49 C. F. R. $195. 509(a) by not having a written
qualification program in place by April 27, 2001.
ln response, Respondent argued that it has two manuals that are used to qualify staff' for pipeline snd
terminal operations. Respondent explained that plant staff overlooked thc manuals during the OPS
inspection. Respondent's response included a copy of its "Terminal Operator Pre-Journeyman
Development Manual" and "Pipeline Maintenance Manual. " On July 12, 2002, Respondent
submitted its "FPC OQ Program Plan. "
At the time of the inspection, October 23-24, 2001, Respondent did not have a written operator
qualification plan. Respondent's OQ Program Plan was prepared and issued on May 15, 2002 and
submitted on July 12, 2002, after the April 27, 2001-deadline. Accordingly, I find that Respondent's
did not have a written operator qualification plan by April 27, 2001 as required by 49 C. F, R.
ti195. 509(a).
This finding of violation will be considered a prior offens in any subsequent enforcement action
taken against Respondent.



Under 49 V. S. C. tj 60122, Rcspondcnt is subject to a civil penalty not to exceed $100, 000 pcr
violation for each day of the violation up to a maximum of $1, 000, 000 for any related series of
violations. The Notice proposed a $5, 000 civil penalty for violation of 49 C. F. R. (j 195. 509(a).
49 U. S. C. Ij 60122 and 49 C. F. R. Ij 190. 225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree
ol Respondent's culpability, history of Respondent's prior offenses, Rcspondcnt's ability to pay the
penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
The Notice proposed a civil penalty of $5, 000, as Respondent failed to have a written qualilication
program in place by April 27, 2001. In response to the Notice and in support of its position, th«
Respondent submitted its "Terminal Operator Prc-Journeyman Development Manual, " "Pipeline
Maintenance Manual" and "FPC OQ Program Plan. " Respondent argued that the proposed $5, 000
civil penalty is unwarranted and should be withdrawn.
Respondent's "FPC OQ Program Plan" was prepared and issued on May 15, 2002. Respondent did
not have a written operator qualification plan by April 27, 2001 as required by 49 C. F. R.
t)195. 509(a). The other manuals submitted by Respondent comply with the operation and
maintenance training requirements of 195. 403, not the qualification of pipeline personnel
requirements of Subpart G, 49 CFR 195. Accordingly, having reviewed the record and considered
the assessment criteria, I assess Respondent a civil penalty of $5, 000. for violation of 49 C. F. R.
tj195. 509(a).
Payment of the civil penalty must be made within 20 days of service. Payment may be made by
sending a certified check or money order (containing thc CPF Number for this case) payable to
"U. S. Department of Transportation" to the Federal Aviation Administration, Mike Monroney
Aeronautical Center, Financial Operations Division (AMZ-120), P. O. Box 25770, Oklahoma City,
OK 73125.
Federal regulations (49 C. F. R. Ij 89. 21(b)(3)) also permit this payment to be made by wire transfer,
through the Federal Reserve Communications System (Fedwire), to the account of the U. S. Treasury.
Detailed instructions are contained in the enclosure. Questions concerning wire transfers should bc
directed to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike
Monroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.
Failure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in
accordance 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
authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not
made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral
of the matter to the Attorney General for appropriate action in an United States District Court.



Under 49 C. F. R. tj 190. 215, Respondent has a right to petition for reconsideration of this Final
Order. The petition must be received within 20 days of Respondent's receipt of this Final Order and
must contain a brief statement of the issue(s). The filing of a petition automatically stays the
payment of any civil penalty assessed. All other terms of the order, including any required corrective
action, shall remain in full cffcct unless the Associate Administrator, upon written request, grants
a stay. The terms and conditions of this Final Order are effective upon receipt.
Failure to comply with this Final Order may result in thc assessmcnt of civil penalties of up to
$ 1 00, 000 per violation per day, or in the referral of the case for judicial enforcement.
JijL 29 20G3
Dine Issuecl i
+ Associate Administrator)
for 1"ipelmc Safety~
- **truncated:** false
- **body characters:** 7868