{"operation":"document","citation":"CPF 220116009W","title":"DUKE ENERGY KENTUCKY - LIQUID — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-11-17","effective_on":null,"summary":"CLOSED warning letter citing 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220116009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220116009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220116009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220116009W","body":"Warning Letter involving DUKE ENERGY KENTUCKY - LIQUID. PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2011-11-17 and is reported as closed as of 2011-11-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220116009W_warning letter_11172011 _text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220116009W/220116009W_warning%20letter_11172011%20_text.pdf\n\n220116009W_warning letter_11172011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220116009W/220116009W_warning%20letter_11172011.pdf\n\n220116009W_warning letter_11172011 _text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 17, 2011\nMr. Jim Mehring\nVice President of Gas Operations\nDuke Energy Kentucky\n139 East Fourth Street\nCincinnati, OH 45202\nCPF 2-2011-6009W\nDear Mr. Mehring:\nOn July 25-29, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\nDuke Energy Kentucky (Duke) liquefied propane gas (LPG) LP03 pipeline for operations and\nmaintenance in Florence, Kentucky.\nAs a result of the inspection, it appears that Duke has committed a probable violation of the\nPipeline Safety Regulations, Title 49, and Code of Federal Regulations. The item inspected\nand the probable violation is as follows:\n1. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n…. (b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nThe Duke LPG pipeline system has three cased pipeline crossings identified as casing\nnumbers 0023, 0039 and 0055. Monitoring of these cased pipeline crossings includes\ntaking casing-to-soil cathodic protection potential readings annually at these locations.\nDuring the inspection Duke could not produce the operator qualification records for the\nAMS employee who performed the monitoring on 11/9/09, 9/2/10, and 9/7/10.\nAfter the inspection, Duke sent a follow-up response to the PHMSA Southern Region on\nAugust 4, 2011, in which Duke confirmed that it could not locate the operator\n\n\n\nqualification records for the AMS employee who took the casing-to-soil readings. He was\nremoved from the job and subsequently qualified on August 2, 2011.\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\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe item identified in this letter. Failure to do so will result in Duke Energy Kentucky being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2011-6009W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2\n\n220116009W_warning letter_11172011.pdf\n\n.S. Departme\nf Transportatio\n233 Peachtree Street Ste. 600\nAtlanta, GA 30303\nPipeline and\nHazardous Materials Safety\nAdministration\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 17, 2011\nMr. Jim Mehring\nVice President of Gas Operations\nDuke Energy Kentucky\n139 East Fourth Street\nCincinnati, OH 45202\nCPF 2-2011-6009W\nDear Mr. Mehring:\nOn July 25-29, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\nDuke Energy Kentucky (Duke) liquefied propane gas (LPG) LP03 pipeline for operations and\nmaintenance in Florence, Kentucky.\nAs a result of the inspection, it appears that Duke has committed a probable violation of the\nPipeline Safety Regulations, Title 49, and Code of Federal Regulations. The item inspected\nand the probable violation is as follows:\n1. $195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n.... (b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nThe Duke LPG pipeline system has three cased pipeline crossings identified as casing\ntaking casing-to-soil cathodic protection potential readings annually at these locations.\nlumbers 0023, 0039 and 0055. Monitoring of these cased pipeline crossings includes\nDuring the inspection Duke could not produce the operator qualification records for the\nAMS employee who performed the monitoring on 11/9/09, 9/2/10, and 9/7/10.\n\n\n\nAfter the inspection, Duke sent a follow-up response to the PHMSA Southern Region on\nAugust 4, 2011, in which Duke confirmed that it could not locate the operator\nqualitication records for the AMS employee who took the casing-to-soil readings. He was\nremoved from the job and subsequently qualified on August 2, 2011.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$ 100,000 tor each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe item identified in this letter. Failure to do so will result in Duke Energy Kentucky being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2011-6009W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of-\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2","truncated":false,"body_characters":6887}