{"operation":"document","citation":"CPF 220110007M","title":"FLORIDA PUBLIC UTILITIES CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-10-12","effective_on":null,"summary":"CLOSED notice of amendment citing 191.3, 191.5(a), 192.11(b), 192.227(a), 192.383(b), 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220110007M","body":"Notice of Amendment involving FLORIDA PUBLIC UTILITIES CO. PHMSA's enforcement data identifies the cited regulations as 191.3,  191.5(a),  192.11(b),  192.227(a),  192.383(b),  192.747. The case was opened on 2011-10-12 and is reported as closed as of 2012-01-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220110007M_closure letter_01242012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110007M/220110007M_closure%20letter_01242012.pdf\n\n220110007M_closure letter_01242012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110007M/220110007M_closure%20letter_01242012_text.pdf\n\n220110007M_Notice of Amendment_10122011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110007M/220110007M_Notice%20of%20Amendment_10122011.pdf\n\n220110007M_Notice of Amendment_10122011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110007M/220110007M_Notice%20of%20Amendment_10122011_text.pdf\n\n220110007M_Operator_Response_to_Notice_11042011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110007M/220110007M_Operator_Response_to_Notice_11042011.pdf\n\n220110007M_Notice of Amendment_10122011_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 12, 2011\nKevin Webber\nVice President of Business Development and Operations\nFlorida Public Utilities\n401 S Dixie Hwy\nWest Palm Beach, FL 33401-5807\nCPF 2-2011-0007M\nDear Mr. Webber:\nOn September 12-15, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the Florida Public Utilities (FPU) written procedures for\nOperations and Maintenance (O&M) in Winter Haven, Florida, pursuant to Chapter 601 of 49\nUnited States Code.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nFPU’s plans or procedures, as described below:\n1. § 191.3 Definitions.\nAs used in this part and the PHMSA Forms referenced in this part—\n... Incident means any of the following events:\n(1) An event that involves a release of gas from a pipeline, or of liquefied natural gas,\nliquefied petroleum gas, refrigerant gas, or gas from an LNG facility, and that\nresults in one or more of the following consequences:\n(i) A death, or personal injury necessitating in-patient hospitalization;\n(ii) Estimated property damage of $50,000 or more, including loss to the operator\nand others, or both, but excluding cost of gas lost;\n(iii) Unintentional estimated gas loss of three million cubic feet or more;\n(2) An event that results in an emergency shutdown of an LNG facility. Activation of\nan emergency shutdown system for reasons other than an actual emergency does not\nconstitute an incident.\n(3) An event that is significant in the judgment of the operator, even though it did\nnot meet the criteria of paragraphs (1) or (2) of this definition.\n\n\n\nFPU’s procedure defining an “incident” did not exclude the cost of lost gas in the\nestimated property damage and did not include the unintentional estimated gas loss of\nthree million cubic feet or more.\n2. § 191.5 Immediate notice of certain incidents.\n(a) At the earliest practicable moment following discovery, each operator shall give\nnotice in accordance with paragraph (b) of this section of each incident as defined in\n§191.3.\n(b) Each notice required by paragraph (a) of this section must be made to the\nNational Response Center either by telephone to 800-424-8802 (in Washington, DC,\n202 267–2675) or electronically at http://www.nrc.uscg.mil and must include the\nfollowing information:\n(1) Names of operator and person making report and their telephone numbers.\n(2) The location of the incident.\n(3) The time of the incident.\n(4) The number of fatalities and personal injuries, if any.\n(5) All other significant facts that are known by the operator that are relevant to the\ncause of the incident or extent of the damages.\nFPU’s procedure for immediate notification of certain incidents did not require\nnotification of the National Response Center and did not incorporate the most recent\nupdates found in the Federal Register published on November 26, 2010.\n3. § 192.11 Petroleum gas systems.\n... (b) Each pipeline system subject to this part that transports only petroleum gas or\npetroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.\nFPU’s odorization procedures did not incorporate the requirements of NFPA 58 (2004),\nSection 4.2.3.\nWhen odorization is required, NFPA 58 (2004), Section 4.2.3, mandates that the presence\nof odorant be determined by sniff-testing or other means and that the results shall be\ndocumented as follows:\n(1) When LP-Gas is delivered to a bulk plant\n(2) When shipments of LP-Gas bypass the bulk plant\n4. § 192.227 Qualification of welders.\n(a) Except as provided in paragraph (b) of this section, each welder must be qualified\nin accordance with section 6 of API 1104 (incorporated by reference, see §192.7) or\nsection IX of the ASME Boiler and Pressure Vessel Code (incorporated by reference,\nsee §192.7). However, a welder qualified under an earlier edition than listed in\n§192.7 of this part may weld but may not requalify under that earlier edition.\nFPU’s procedures for the qualification of welders were incorrect because it stated that\nwelders would be qualified in accordance with Section 3 of API 1104 instead of Section 6.\n2\n\n\n\n5. § 192.383 Excess flow valve installation.\n... (b) Installation required. An excess flow valve (EFV) installation must comply\nwith the performance standards in §192.381. The operator must install an EFV on\nany new or replaced service line serving a single-family residence after February 12,\n2010, unless one or more of the following conditions is present:\nFPU’s procedures for excess flow valve installation were incorrect because they\nreferenced performance standards located in 49 USC and not the performance standards\nidentified in §192.381.\n6. § 192.747 Valve maintenance: Distribution systems.\n(a) Each valve, the use of which may be necessary for the safe operation of a\ndistribution system, must be checked and serviced at intervals not exceeding 15\nmonths, but at least once each calendar year.\n(b) Each operator must take prompt remedial action to correct any valve found\ninoperable, unless the operator designates an alternative valve.\nFPU’s valve maintenance procedures did not require that FPU take prompt remedial\naction to correct each valve necessary for the safe operation of its distribution system\nfound inoperable or designate an alternative valve.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 60 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\n3\n\n\n\nIt is requested (not mandated) that Florida Public Utilities maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Wayne T. Lemoi, Director,\nOffice of Pipeline Safety, PHMSA Southern Region. In correspondence concerning this\nmatter, please refer to CPF 2-2011-0007M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: Mike McCarty\nSafety and Training Manager\nFlorida Public Utilities\n1015 6th Street NW\nWinter Haven, FL 33881-4018\n4\n\n220110007M_closure letter_01242012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 24, 2012\nKevin Webber\nVice President of Business Development and Operations\nFlorida Public Utilities\n401 S Dixie Hwy\nWest Palm Beach, FL 33401-5807\nCPF 2-2011-0007M\nDear Mr. Webber:\nOn September 12-15, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), Southern Region inspected the\nFlorida Public Utilities (FPU) written procedures for Operations and Maintenance (O&M) in\nWinter Haven, Florida, pursuant to Chapter 601 of 49 United States Code. As a result of the\ninspection, PHMSA issued a Notice of Amendment (NOA) on October 12, 2011.\nFPU responded to the NOA in a letter dated November 4, 2011. The PHMSA Southern\nRegion reviewed the written response and subsequently held conversations with FPU\npersonnel. As a result, we find FPU’s response adequate. Therefore, this letter is to inform\nyou that FPU has complied with the terms of the NOA and that no further action is necessary\nwith regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (re: CPF 2-2011-0007M) and not to\nany other PHMSA pending cases. Also be advised that nothing herein states or implies that\nthe above described O&M meets the requirements of the federal pipeline safety regulations or\nthat the O&M is approved. The pipeline system and O&M remain subject to inspection by\nPHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\ncc: Mike McCarty\nSafety and Training Manager\nFlorida Public Utilities\n1015 6th Street NW\nWinter Haven, FL 33881-4018","truncated":false,"body_characters":10691}