{"operation":"document","citation":"CPF 220126013W","title":"DUKE ENERGY KENTUCKY - LIQUID — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-07-12","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126013w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126013w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126013w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126013W","body":"Warning Letter involving DUKE ENERGY KENTUCKY - LIQUID. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2012-07-12 and is reported as closed as of 2012-07-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126013W_warning letter_07122012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126013W/220126013W_warning%20letter_07122012.pdf\n\n220126013W_warning letter_07122012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126013W/220126013W_warning%20letter_07122012_text.pdf\n\n220126013W_warning letter_07122012_text.pdf\n\nWARNING LETTER\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 2-2012-6013W\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 Public Awareness Program (PAP)\nin Kenton County, Kentucky, as it pertains to Duke Energy Kentucky (Duke).\nAs a result of the inspection, it appears that Duke has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and\nthe probable violation is:\n1. §195.440 Public awareness.\n… (c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and not\nnecessary for safety.\nAPI RP 1162, Paragraph 6.3.1, The Affected Public, requires a pipeline operator to\nconsider extending the coverage area for the affected public for highly volatile liquid\n(HVL) pipelines in high population areas beyond the 1/8th mile minimum distance on each\nside of the pipeline. The Duke Energy Kentucky pipeline transports liquefied propane; an\nHVL. While Duke’s PAP Section 9.2 mimics the API RP 1162 supplemental requirement\nto extend the coverage area for the affected public for HVL pipelines beyond the 1/8th\nmile minimum distance on each side of the pipeline, nowhere in the PAP did Duke\nexplain how they made such a consideration or how they justified such an extension was\nnot practical or not necessary for safety. Duke simply used a 700 ft. coverage area (see\nDuke PAP Section 5.1) on each side of the pipeline (essentially 1/8th of a mile), regardless\n\n\n\nof whether or not it transports HVLs, with no explanation whatsoever to justify this\ncoverage area.\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 2-2012-6013W. 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","truncated":false,"body_characters":4096}