{"operation":"document","citation":"CPF 220046011","title":"FLORIDA POWER & LIGHT CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-09-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(b), 195.509(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220046011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220046011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220046011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220046011","body":"Notice of Probable Violation involving FLORIDA POWER & LIGHT CO. PHMSA's enforcement data identifies the cited regulations as 195.505(b),  195.509(b). The case was opened on 2004-09-22 and is reported as closed as of 2005-11-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220046011_Final Order_06202005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220046011/220046011_Final%20Order_06202005.pdf\n\nClose Out Letter Florida Power Light Company CPF no 2-2004-6011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220046011/Close%20Out%20Letter%20Florida%20Power%20Light%20Company%20CPF%20no%202-2004-6011.pdf\n\nFLORIDA POWER LIGHT COMPANY (CPF NO 220046011).pdf: https://primis.phmsa.dot.gov/enforcement-documents/220046011/FLORIDA%20POWER%20LIGHT%20COMPANY%20(CPF%20NO%20220046011).pdf\n\n220046011_Final Order_06202005.pdf\n\n@\nU,S. Deporlment\nof Tronsportqtion\nPlpellne ond\nHozqrdous rflo$edoB Sofefy\nAdmlnblrofiion\n400 Seventh Steet, S.W.\nWashington, D.C. 20590\nJUN 2 0 2005\nMr. Adalberto Alfonso\nVice President - Operations\nFlorida Power & Light ComPanY\n700 Universe Boulevard\nJuno Beach, FL 33408\nRE: CPF No. 2-2004-6011\nDear Mr. Alfonso:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and requires certain corrective action. When\nthe terms of the compliance order are completed, as determined by the Director, Southern Region,\nthis enforcement action will be closed. Your receipt of this Final Order constitutes service of that\ndocument under 49 C.F.R. $ 190'5.\nSincerely,\nlta\n-$cr,,^ ft4-\nJames Relmolds\nPiPeline ComPliance Registry\nOffice of PiPeline SafetY\nEnclosure\ncc: Ms. Linda Daugherty, Director, Southern Region' OPS\n\n\n\nDEPARTMENT OF TRANSP ORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMIMSTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nFLORIDA POWER & LIGHT COMPANY'\nRespondent.\nCPF No.2-2004-6011\nrrr.r.r ^ r /'rllT\\fl D\nr l.\\.{ L l,rr\\r,rEr\\\nOnMarch 24 and,25,2004, pursuant to 49 U.S.C. $ 601 17, representatives of the Office ofPipeline\nsafety (oPS), Southem Region, conducted an inspection of Respondent's operator Qualification\nplan at its Martin Terminal in West Palm Beach, Florida. As a result of the inspection, the Director,\nSouthem Region, OPS, issued to Respondent, by letter dated September 22,2004, a Notice of\nprobable Violation and Proposed compliance order (Notice)t. Lr accordance with 49 c.F.R'\n51g0.2o7, the Notice proposed finding that Respondent had violated 49 C.F'R. Part 195 and\niroposed that Respondent take certain measur€s to correct the alleged violations.\nRespondent responded to the Notice by letter dated, October 8,2004 (Response)' Respondent did\nnot contest the allegations of violation but offered an explanation and provided information\nconcerning the corrective actions it has taken. Respondent did not request a hearing, and therefore\nhas waived its right to one.\nFINDINGS OF'VIOLATION\n(Uncontested)\nIn its Response, Respondent did not contest the alleged violations in the Notice' Accordingly' I find\nthatRespondentviolatedthe followingsections of49 C.F.R. Part 195, as more fully described inthe\nNotice:\n49C'F.R.$195.509(b)--failuretocompletethequalificationofindividualsperforming\ncovered tasks uy october 2s, 2002, as Respondent failed to train its employees to recognize\nand react to abnormal operating conditions'\n,This ca.., however, is no longer before RSPA fol decision' Effective February 20' 2005' the Pipeline and\nHazardous Materials Safety eaminiitration (PHMSA) was ffeated to further the highest degree of safety in pipeline\nffansportation and hazardous maie.rials ransportation. see, section 108 of the Norman Y. Mineta Research and\nSpecial programs r-prou.-\"rrie.t 1r.trtli\" ia* 108-4?6,.1 18 Stat. 2423-2429 (\\ovember 30' 2004)' See also,\n70 Fert. Reg. 8299 (February is, lddlit\"d\"l\"gating the pipeline safety frmctions to the Adminishator, PHMSA'\n\n\n\nL\n49 C.F.R. $ 195.505(c) -- failure to have and follow a written qualification program with\nprovisions to ensure through evaluation that individuals perfotming covered tasks are\nqualified, as Respondent did not clearly defrne, either by task or conditions, the number of\nnon-qualified persons that can be directed and observed by one qualifred person.\nThese findings ofviolation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 arfi2 for violations of 49 C.F.R.\n$$ l9s.s09(b) and 195.505(c).\nUnder 49 U.S.C. $ 60118(a), each person who engages in the transportation of hazardous liquids or\nwho owns or operates a pipeline facility is required to comply with the applicable safety standards\nestablishedunderchapter60l. Pursuanttotheauthorityof49U.S.C.$60118(b)and49C.F.R.\nfi 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations. Respondent must -\n1. Submit documentation to show that each employee qualified to perform covered tasks using\nwork performance history meet the requirements to be qualified both by documented history\nand abnormal operating conditions training. Complete this item within 90 days of receipt\nof this Order.\n2. Define the number of non-qualified persons(span of control) that a qualified individual can\ndirect and observe at one time by covered task. In addition, define which covered task(s) can\nnot be directed and observed, such as welding. Complete this item within 30 days of receipt\nof this Order.\n3. Submit documentation and evidence ofcompletion ofthese actions to Ms. LindaDaugherty,\nDirector, OPS, Southem Region, Pipeline and Hazardous Materials Safety Administration,\n233Peachtree Street, Suite 600, Atlantq GA 30303'\nThe Director, OPS, Southern Region may grant an extension of time for compliance with any of the\nterms of this order for good cause. A request for an extension must be in writing and adequately\njustifres the reasons for the extension.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation p er day, or in the referral ofthe case forjudicial enforcement.\nUnder 49 C.F.R. $ Lg}.lls,Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\n\n\n\nJ\nrequircd colrective action, remain in full effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nJUN 2 0 2005\nDate Issued\nn y\"\nfor Pipeline Safety","truncated":false,"body_characters":6861}