FLORIDA POWER & LIGHT CO — Notice of Probable Violation

case documentOfficial PDFClose Out Letter Florida Power Light Company CPF no 2-2004-6011.pdf#

case documentOfficial PDFFLORIDA POWER LIGHT COMPANY (CPF NO 220046011).pdf#

220046011_Final Order_06202005.pdf, page 1Official PDF@ U,S. Deporlment of Tronsportqtion Plpellne ond Hozqrdous rflo$edoB Sofefy Admlnblrofiion 400 Seventh Steet, S.W. Washington, D.C. 20590 JUN 2 0 2005 Mr. Adalberto Alfonso Vice President - Operations Florida Power & Light ComPanY 700 Universe Boulevard Juno Beach, FL 33408 RE: CPF No. 2-2004-6011 Dear Mr. Alfonso: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and requires certain corrective action. When the terms of the compliance order are completed, as determined by the Director, Southern Region, this enforcement action will be closed. Your receipt of this Final Order constitutes service of that document under 49 C.F.R. $ 190'5. Sincerely, lta -$cr,,^ ft4- James Relmolds PiPeline ComPliance Registry Office of PiPeline SafetY Enclosure cc: Ms. Linda Daugherty, Director, Southern Region' OPS#

220046011_Final Order_06202005.pdf, page 2DEPARTMENT OF TRANSP ORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMIMSTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of FLORIDA POWER & LIGHT COMPANY' Respondent. CPF No.2-2004-6011 rrr.r.r ^ r /'rllT\fl D r l.\.{ L l,rr\r,rEr\ OnMarch 24 and,25,2004, pursuant to 49 U.S.C. $ 601 17, representatives of the Office ofPipeline safety (oPS), Southem Region, conducted an inspection of Respondent's operator Qualification plan at its Martin Terminal in West Palm Beach, Florida. As a result of the inspection, the Director, Southem Region, OPS, issued to Respondent, by letter dated September 22,2004, a Notice of probable Violation and Proposed compliance order (Notice)t. Lr accordance with 49 c.F.R' 51g0.2o7, the Notice proposed finding that Respondent had violated 49 C.F'R. Part 195 and iroposed that Respondent take certain measur€s to correct the alleged violations. Respondent responded to the Notice by letter dated, October 8,2004 (Response)' Respondent did not contest the allegations of violation but offered an explanation and provided information concerning the corrective actions it has taken. Respondent did not request a hearing, and therefore has waived its right to one. FINDINGS OF'VIOLATION (Uncontested) In its Response, Respondent did not contest the alleged violations in the Notice' Accordingly' I find thatRespondentviolatedthe followingsections of49 C.F.R. Part 195, as more fully described inthe Notice: 49C'F.R.$195.509(b)--failuretocompletethequalificationofindividualsperforming covered tasks uy october 2s, 2002, as Respondent failed to train its employees to recognize and react to abnormal operating conditions' ,This ca.., however, is no longer before RSPA fol decision' Effective February 20' 2005' the Pipeline and Hazardous Materials Safety eaminiitration (PHMSA) was ffeated to further the highest degree of safety in pipeline ffansportation and hazardous maie.rials ransportation. see, section 108 of the Norman Y. Mineta Research and Special programs r-prou.-"rrie.t 1r.trtli" ia* 108-4?6,.1 18 Stat. 2423-2429 (\ovember 30' 2004)' See also, 70 Fert. Reg. 8299 (February is, lddlit"d"l"gating the pipeline safety frmctions to the Adminishator, PHMSA'#

220046011_Final Order_06202005.pdf, page 3L 49 C.F.R. $ 195.505(c) -- failure to have and follow a written qualification program with provisions to ensure through evaluation that individuals perfotming covered tasks are qualified, as Respondent did not clearly defrne, either by task or conditions, the number of non-qualified persons that can be directed and observed by one qualifred person. These findings ofviolation will be considered prior offenses in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a compliance order with respect to Items 1 arfi2 for violations of 49 C.F.R. $$ l9s.s09(b) and 195.505(c). Under 49 U.S.C. $ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards establishedunderchapter60l. Pursuanttotheauthorityof49U.S.C.$60118(b)and49C.F.R. fi 190.217, Respondent is ordered to take the following actions to ensure compliance with the pipeline safety regulations applicable to its operations. Respondent must - 1. Submit documentation to show that each employee qualified to perform covered tasks using work performance history meet the requirements to be qualified both by documented history and abnormal operating conditions training. Complete this item within 90 days of receipt of this Order. 2. Define the number of non-qualified persons(span of control) that a qualified individual can direct and observe at one time by covered task. In addition, define which covered task(s) can not be directed and observed, such as welding. Complete this item within 30 days of receipt of this Order. 3. Submit documentation and evidence ofcompletion ofthese actions to Ms. LindaDaugherty, Director, OPS, Southem Region, Pipeline and Hazardous Materials Safety Administration, 233Peachtree Street, Suite 600, Atlantq GA 30303' The Director, OPS, Southern Region may grant an extension of time for compliance with any of the terms of this order for good cause. A request for an extension must be in writing and adequately justifres the reasons for the extension. Failure to comply with this Final Order may result in the assessment of civil penalties of up to $100,000 per violation p er day, or in the referral ofthe case forjudicial enforcement. Under 49 C.F.R. $ Lg}.lls,Respondent has a right to submit a 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 terms of the order, including any#

220046011_Final Order_06202005.pdf, page 4J requircd colrective action, remain in full effect unless the Associate Administrator, upon request, grants a stay. The terms and conditions of this Final Order are effective on receipt. JUN 2 0 2005 Date Issued n y" for Pipeline Safety#