# FLORIDA PUBLIC UTILITIES CO — Warning Letter

- **operation:** document
- **citation:** CPF 220110006W
- **title:** FLORIDA PUBLIC UTILITIES CO — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2011-10-12
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.467, 192.605(a), 192.707(a), 192.739(a), 192.747(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-220110006w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-220110006w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220110006w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220110006W
**body:**

Warning Letter involving FLORIDA PUBLIC UTILITIES CO. PHMSA's enforcement data identifies the cited regulations as 192.467,  192.605(a),  192.707(a),  192.739(a),  192.747(a). The case was opened on 2011-10-12 and is reported as closed as of 2011-10-12. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220110006W_Warning Letter_10122011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110006W/220110006W_Warning%20Letter_10122011.pdf

220110006W_Warning Letter_10122011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110006W/220110006W_Warning%20Letter_10122011_text.pdf

220110006W_Warning Letter_10122011_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
October 12, 2011
Kevin Webber
Vice President of Business Development and Operations
Florida Public Utilities
401 S Dixie Hwy
West Palm Beach, FL 33401-5807
CPF 2-2011-0006W
Dear Mr. Webber:
On September 12-15, 2011, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) inspected the Florida Public Utilities (FPU) records and procedures
in Winter Haven, Florida, and its pipeline facilities located in Polk and Hillsborough counties
in Florida, pursuant to Chapter 601 of 49 United States Code.
As a result of the inspection, it appears that FPU has committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violations are:
1. § 192.605 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual of
written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed and
updated by the operator at intervals not exceeding 15 months, but at least once each
calendar year. This manual must be prepared before operations of a pipeline system
commence. Appropriate parts of the manual must be kept at locations where
operations and maintenance activities are conducted.



FPU’s written O&M procedure manual did not have procedures for:
− requiring reports (except SRCR and offshore pipeline condition reports) be submitted
electronically to PHMSA at https://opsweb.phmsa.dot.gov unless an alternative
reporting method is authorized, as required by §191.7.
− notifying PHMSA of certain events as required by §191.22.
− collecting and reporting Mechanical Fitting Failures on its distribution systems as
required by §191.23.
− notifying new customers, within 90 days, of their responsibility for service lines not
maintained by the operator as required by §192.16.
− qualifying joining procedures for plastic pipe as required by §192.283.
2. § 192.467 External corrosion control: Electrical isolation.
(a) Each buried or submerged pipeline must be electrically isolated from other
underground metallic structures, unless the pipeline and the other structures are
electrically interconnected and cathodically protected as a single unit.
... (d) Inspection and electrical tests must be made to assure that electrical isolation is
adequate.
FPU did not electrically isolate its pipeline from other underground metallic structures
that it did not intend to cathodically protect, and did not conduct inspections and electrical
tests to assure that electrical isolation was adequate.
At the Grandview Landings subdivision, Circle Station, the 1000-gallon underground
storage tank was not electrically isolated from the underground metallic tank valve
housing, which was not intended to be cathodically protected. The cathodic protection
reading on the tank and the housing were both measured at -0.932 V DC on 09/14/2011
indicating that they were electrically connected.
3. § 192.707 Line markers for mains and transmission lines.
(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line
marker must be placed and maintained as close as practical over each buried main
and transmission line:
(1) At each crossing of a public road and railroad; and
(2) Wherever necessary to identify the location of the transmission line or main to
reduce the possibility of damage or interference.
FPU did not place and maintain line markers on its mains at each crossing of a public road
and wherever necessary to reduce the possibility of damage or interference.
The PHMSA field inspection identified several sites as having no line markers or
insufficient line markers.
− On 09/13/2011, no pipeline markers were identified at both the Villages at Lake Smart
apartment complex and at the Crescent Woods subdivision, and only one pipeline
marker was found at the Blackwater Oaks subdivision.
− On 09/14/2011, only two pipeline markers were found at the Cypress Trace
subdivision.
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4. § 192.739 Pressure limiting and regulating stations: Inspection and testing.
(a) Each pressure limiting station, relief device (except rupture discs), and pressure
regulating station and its equipment must be subjected at intervals not exceeding 15
months, but at least once each calendar year, to inspections and tests to determine
that it is—
(1) In good mechanical condition;
(2) Adequate from the standpoint of capacity and reliability of operation for the
service in which it is employed;
(3) Except as provided in paragraph (b) of this section, set to control or relieve at the
correct pressure consistent with the pressure limits of §192.201(a); and
(4) Properly installed and protected from dirt, liquids, or other conditions that might
prevent proper operation.
FPU did not inspect and test its pressure limiting and regulating stations at intervals not
exceeding 15 months, but at least once each calendar year.
FPU records reviewed during the inspection showed the following pressure limiting and
regulating station inspections:
− Antigua Cove had no record of inspections prior to 05/11/2011
− Hawks Creek
. East Station had no record of inspections prior to 05/11/2011
. West Station had no record of inspections prior to 05/11/2011
− Blackwater Oaks
. North station had no record of inspections prior to 05/10/2011
. South station had no record of inspections prior to 05/10/2011
− Crescent Woods had no record of inspections prior to 05/10/2011
− Highland in the Woods had no record of inspections prior to 05/10/2011
− Villas at Lake Smart
. Front/Front station had no record of inspections prior to 05/13/2011
. Front/Middle station had no record of inspections prior to 05/13/2011
. Front/Back station had no record of inspections prior to 05/13/2011
. Back/Right station had no record of inspections prior to 05/13/2011
. Back/Left station had no record of inspections prior to 05/13/2011
. Middle station had no record of inspections prior to 05/11/2011
− Cypress Trace had no record of inspections prior to 05/13/2011
− Grandview Landing (activated 02/09/2003)
. Cul de Sac Left station had no record of inspections prior to 05/13/2011
. Cul de Sac Right station had no record of inspections prior to 05/13/2011
. Circle station had no record of inspections prior to 05/13/2011
. Entrance station had no record of inspections prior to 05/13/2011
5. § 192.747 Valve maintenance: Distribution systems.
(a) Each valve, the use of which may be necessary for the safe operation of a
distribution system, must be checked and serviced at intervals not exceeding 15
months, but at least once each calendar year.
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FPU did not check and service each valve which may be necessary for the safe
operation of its pipeline distribution system at intervals not exceeding 15 months, but
at least once each calendar year.
FPU records reviewed during the inspection showed:
− Antigua Cove (activated 11/15/2008)
. Valve 729. Maintained on 05/05/2011, no 2010, 2009, or 2008 record.
− Hawks Creek (activated 10/15/2007)
. Valve 730. Maintained on 05/11/2011, no 2010, 2009, or 2008 record.
. Valve 731. Maintained on 05/11/2011, no 2010, 2009, or 2008 record.
− Blackwater Oaks (activated 05/11/2006)
. Valve 732. Maintained on 05/13/2011, no 2010, 2009, or 2008 record.
. Valve 733. Maintained on 05/13/2011, no 2010, 2009, or 2008 record.
− Crescent Woods (activated 11/28/2006)
. Valve 734. Maintained on 05/13/2011, no 2010, 2009, or 2008 record.
− Highland in the Woods (activated on 09/27/2007)
. Valve 735. Maintained on 05/13/2011, no 2010, 2009, or 2008 record.
− Villas at Lake Smart
. Valve 737. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 738. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 739. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 740. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 741. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 747. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
− Cypress Trace (activated on 06/11/2008)
. Valve 742. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
− Grandview Landing (activated 02/09/2003)
. Valve 743. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 744. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 745. Maintained on 05/12/2011, no 2010, 2009, or 2008 record.
. Valve 746. Maintained on 05/12/2011, no 2010, 2009, or 2008 record
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 items identified in this letter. Failure to do so will result in Florida Public Utilities 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 2-2011-0006W. 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),
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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,
Wayne T. Lemoi
Director, Office of Pipeline Safety
PHMSA Southern Region
cc: Mike McCarty
Safety and Training Manager
Florida Public Utilities
1015 6th Street NW
Winter Haven, FL 33881-4018
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