{"operation":"document","citation":"CPF 220096001W","title":"FLORIDA POWER & LIGHT CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-06-02","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.573(e), 195.577(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220096001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220096001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220096001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220096001W","body":"Warning Letter involving FLORIDA POWER & LIGHT CO. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.573(e),  195.577(a). The case was opened on 2009-06-02 and is reported as closed as of 2009-06-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220096001W_warning letter_06022009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220096001W/220096001W_warning%20letter_06022009.pdf\n\n220096001W_warning letter_06022009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220096001W/220096001W_warning%20letter_06022009_text.pdf\n\n220096001W_warning letter_06022009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 2, 2009\nKeith Hardy\nVice President\nPower General Operations\nFlorida Power & Light Company\n700 Universe Blvd.\nJuno Beach, FL 33408\nCPF 2-2009-6001W\nDear Mr. Hardy:\nOn May 18-22, 2009, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nFlorida Power & Light Company (FPL) pipeline facilities in West Palm Beach and Port\nManatee, Florida.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations, Part 195. The items\ninspected and the probable violations are as follows:\n1. §195.573 What must I do to monitor external corrosion control?\n(e) Corrective action. You must correct any identified deficiency in corrosion\ncontrol as required by §195.401(b). However, if the deficiency involves a pipeline in\nan integrity management program under §195.452, you must correct the deficiency as\nrequired by §195.452(h).\n§195.401 General requirements.\n(b) Whenever an operator discovers any condition that could adversely affect the\nsafe operation of its pipeline system, it shall correct it within a reasonable time.\nHowever, if the condition is of such a nature that it presents an immediate hazard to\npersons or property, the operator may not operate the affected part of the system until\nit has corrected the unsafe condition.\n\n\n\nFPL failed to take corrective actions within a reasonable time after identifying that the external\ncorrosion control cathodic protection system on the 18-inch dual use pipeline did not meet the\nminimum criteria at Test Station 26. The deficiency was discovered by FPL during its annual\ncathodic protection survey on March 6, 2008, and re-confirmed during its next annual survey\non March 11, 2009. FPL had not undertaken any corrective actions as of the time of the\ninspection at the West Palm Beach Terminal on May 19, 2009.\nTo meet the external corrosion control cathodic protection requirements in the Federal Pipeline\nSafety Regulations, FPL’s written corrosion control procedures specify the use of the criteria in\nNACE Standard RP0169-2002, Section 6.2.2.1.2, “A negative polarized potential of at least\n850 mV relative to a saturated copper/copper sulfate reference electrode.” The\n“polarized\npotential” is commonly referred to as an “instant off potential” and is measured directly after\nthe interruption of all current sources.\nDuring its annual cathodic protection surveys, FPL installs current interrupters on the two\nrectifiers and a bond at the West Palm Beach Terminal and then takes pipe-to-soil (p/s)\nreadings while the interrupters cycle the current on and off. FPL uses the “instant off reading”\nto meet the criteria; that is, a p/s reading of at least - 850 mV at the moment the current is\ncycled off.\nDuring the records review portion of the inspection at the West Palm Beach Terminal the\nfollowing annual cathodic protection p/s readings were found:\nPipeline Test Station Year P/S “on” P/S “instant off”\n18-inch Test Station 26 2007 -1500 mV - 1140 mV\n18-inch Test Station 26 2008 - 420 mV - 180 mV\n18-inch Test Station 26 2009 - 800 mV - 350 mV\nDuring the field inspection along the 18-inch pipeline the following cathodic protection p/s\nreadings were found:\nPipeline Test Station P/S “on” P/S “instant off”\n18-inch Test Station 26 - 600 mV - 100 mV\n18-inch Test Station 26 + 50 ft.\n- 610 mV\n18-inch Test Station 26 + 100 ft. - 780 mV\n18-inch Test Station 26 - 50 ft. - 600 mV\n18-inch Test Station 26 - 100 ft. - 790 mV\nWith the exception of the 2007 instant off p/s reading of – 1140 mV (taken on March 6, 2007),\nall other p/s readings are below the FPL stated criteria of at least – 850 mV.\n2\n\n\n\n2. §195.577 What must I do to alleviate interference currents?\n(a) For pipelines exposed to stray currents, you must have a program to identify,\ntest for, and minimize the detrimental effects of such currents.\nFPL believed that the external corrosion control cathodic protection system deficiency on the\n18-inch dual use pipeline at Test Station 26 was caused by interference currents from an\nIndiantown Gas Company (Indiantown) pipeline that crosses the FPL pipeline at Test Station\n26; but, FPL did not institute a program to minimize the detrimental effects of this stray\ncurrent.\nDuring the inspection, FPL corrosion engineers stated that they believed the corrosion control\ndeficiency at Test Station 26 was due to changes to the cathodic protection system of the\nIndiantown pipeline. However, they also stated that they had not contacted Indiantown and had\nmade no attempt to resolve this interference current issue. Also, FPL did not produce any\nrecords to demonstrate that they had made efforts to resolve the issue or to contact Indiantown.\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nFPL has prepared external corrosion control written procedures but failed to follow its written\nprocedures after identifying an external corrosion control deficiency on its 18-inch dual use\npipeline at Test Station 26.\nThe deficiency was discovered by FPL during its annual cathodic protection survey on March\n6, 2008, and re-confirmed during its next annual survey on March 11, 2009. FPL had not\nundertaken any corrective actions as of the time of the records inspection at the West Palm\nBeach Terminal on May 19, 2009.\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(s) identified\nin this letter. Failure to do so will result in FPL being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2009-6001W. 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\n3\n\n\n\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\n4","truncated":false,"body_characters":8056}