{"operation":"document","citation":"CPF 220095003W","title":"DUKE ENERGY KENTUCKY - LIQUID — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-12-31","effective_on":null,"summary":"CLOSED warning letter citing 195.404(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220095003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220095003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220095003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220095003W","body":"Warning Letter involving DUKE ENERGY KENTUCKY - LIQUID. PHMSA's enforcement data identifies the cited regulation as 195.404(c)(3). The case was opened on 2009-12-31 and is reported as closed as of 2009-12-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220095003W_warning letter_12312009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220095003W/220095003W_warning%20letter_12312009.pdf\n\n220095003W_warning letter_12312009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220095003W/220095003W_warning%20letter_12312009_text.pdf\n\n220095003W_warning letter_12312009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 31, 2009\nMs. Patty Walker\nGroup Vice President\nDuke Energy Corporation\n139 East Fourth Street\nCincinnati, Ohio 45202\nCPF 2-2009-5003W\nDear Ms. Walker:\nOn August 24 through August 25, 2009, a representative of the Kentucky Public Service\nCommission pursuant to Chapter 601 of 49 United States Code inspected your hazardous liquid\n(propane) facilities of Duke Energy Kentucky, Inc. in Erlanger, Kentucky.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation is:\n§195.404 Maps and Records.\n(c) Each operator shall maintain the following records for the periods specified;\n(3) A record of each inspection and test required by this subpart shall be\nmaintained for at least 2 years or until the next inspection or test is performed,\nwhichever is longer.\nDuke Energy was unable to supply any records that they had performed the required\natmospheric corrosion inspections on above-ground piping. The deficiency was\ndocumented during the periodic Kentucky Public Service Commission inspection.\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item identified in\nthis letter. Failure to do so will result in Duke Energy Corporation of being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2009-5003W. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":3211}