# DUKE ENERGY KENTUCKY - LIQUID — Warning Letter

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

Official case documents:

220095003W_warning letter_12312009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220095003W/220095003W_warning%20letter_12312009.pdf

220095003W_warning letter_12312009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220095003W/220095003W_warning%20letter_12312009_text.pdf

220095003W_warning letter_12312009_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
December 31, 2009
Ms. Patty Walker
Group Vice President
Duke Energy Corporation
139 East Fourth Street
Cincinnati, Ohio 45202
CPF 2-2009-5003W
Dear Ms. Walker:
On August 24 through August 25, 2009, a representative of the Kentucky Public Service
Commission pursuant to Chapter 601 of 49 United States Code inspected your hazardous liquid
(propane) facilities of Duke Energy Kentucky, Inc. in Erlanger, Kentucky.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violation is:
§195.404 Maps and Records.
(c) Each operator shall maintain the following records for the periods specified;
(3) A record of each inspection and test required by this subpart shall be
maintained for at least 2 years or until the next inspection or test is performed,
whichever is longer.
Duke Energy was unable to supply any records that they had performed the required
atmospheric corrosion inspections on above-ground piping. The deficiency was
documented during the periodic Kentucky Public Service Commission inspection.



Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000
for any related series of violations. We have reviewed the circumstances and supporting
documents involved in this case, and have decided not to conduct additional enforcement action
or penalty assessment proceedings at this time. We advise you to correct the item identified in
this letter. Failure to do so will result in Duke Energy Corporation of being subject to
additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 2-2009-5003W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your
responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe
the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Linda Daugherty
Director, Southern Region
Pipeline and Hazardous Materials Safety Administration
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