{"operation":"document","citation":"CPF 220126012M","title":"DUKE ENERGY KENTUCKY - LIQUID — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-07-12","effective_on":null,"summary":"CLOSED notice of amendment citing 195.452(j)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126012M","body":"Notice of Amendment involving DUKE ENERGY KENTUCKY - LIQUID. PHMSA's enforcement data identifies the cited regulation as 195.452(j)(5). The case was opened on 2012-07-12 and is reported as closed as of 2012-08-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126012M_closure letter_08132012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126012M/220126012M_closure%20letter_08132012.pdf\n\n220126012M_closure letter_08132012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126012M/220126012M_closure%20letter_08132012_text.pdf\n\n220126012M_notice of amendment_07122012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126012M/220126012M_notice%20of%20amendment_07122012.pdf\n\n220126012M_notice of amendment_07122012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126012M/220126012M_notice%20of%20amendment_07122012_text.pdf\n\n220126012M_Operator response_08032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126012M/220126012M_Operator%20response_08032012.pdf\n\n220126012M_notice of amendment_07122012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 12, 2012\nMr. James E. Mehring\nVice President OH/KY Gas Operations\nDuke Energy Kentucky\n139 East Fourth Street, Room EX403\nCincinnati, OH 45202\nCPF 2-2012-6012M\nDear Mr. Mehring:\nOn April 16-20, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter\n601 of 49 United States Code, inspected the Duke Energy Kentucky (Duke) Hazardous\nLiquid Pipeline Integrity Management Program (IMP) in Kenton County, Kentucky.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nDuke’s IMP written procedures, as described below:\n1. §195.452 Pipeline integrity management in high consequence areas.\n… (j) What is a continual process of evaluation and assessment to maintain a\npipeline’s integrity?\n… (5) Assessment methods. An operator must assess the integrity of the line pipe by\nany of the following methods. The methods an operator selects to assess low\nfrequency electric resistance welded or lap welded pipe susceptible to longitudinal\nseam failure must be capable of assessing seam failure must be capable of assessing\nseam integrity and of detecting corrosion and deformation anomalies.\n… (iii) External corrosion direct assessment in accordance with §195.588.\nDuke’s IMP Section 6.3, Implementation of Annual Assessment Plan, was inadequate\nbecause it did not identify the specific IMP procedure Duke used to assess its pipeline.\nDuke used its IMP Procedure GD70.06-014, External Corrosion Direct Assessment Plan,\nto assess its pipeline; yet, Section 6.3, Implementation of Annual Assessment Plan, did not\naddress the use of ECDA to assess the pipeline.\n1\n\n\n\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 30 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.\nIt is requested (not mandated) that Duke Energy Kentucky maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/\nrevision of plans, procedures) and submit the total to Wayne T. Lemoi, Director, Office of\nPipeline Safety, Pipeline and Hazardous Materials Safety Administration Southern Region. In\ncorrespondence concerning this matter, please refer to CPF 2-2012-6012M and, for each\ndocument you submit, please provide 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\n2\n\n220126012M_closure letter_08132012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 13, 2012\nMr. James E Mehring\nVice President OH/KY Gas Operations\nDuke Energy Kentucky\n139 East Fourth Street, Room EX403\nCincinnati, OH 45202\nCPF 2-2012-6012M\nDear Mr. Mehring:\nFrom April 16-20, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter\n601 of 49 United States Code, inspected the Duke Energy Kentucky (Duke) Hazardous\nLiquid Pipeline Integrity Management Program (IMP) in Kenton County, Kentucky. As a\nresult of the inspection, PHMSA issued a Notice of Amendment (NOA) on July 12, 2012.\nThe PHMSA Southern Region received Duke’s response to the NOA on August 7, 2012. We\nhave reviewed your response, and find Duke’s response adequate. This letter is to inform you\nthat Duke 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 (CPF 2-2012-6012M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nabove described Duke IMP meets the requirements of the federal pipeline safety regulations\nor that the Duke IMP is approved. The pipeline system and Duke’s IMP remain subject to\ninspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":6753}