{"operation":"document","citation":"CPF 220126014W","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 195.452(l)(ii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126014W","body":"Warning Letter involving DUKE ENERGY KENTUCKY - LIQUID. PHMSA's enforcement data identifies the cited regulation as 195.452(l)(ii). 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\n220126014W_warning letter_07122012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126014W/220126014W_warning%20letter_07122012.pdf\n\n220126014W_warning letter_07122012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126014W/220126014W_warning%20letter_07122012_text.pdf\n\n220126014W_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 2-2012-6014W\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.\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. §195.452 Pipeline integrity management in high consequence areas.\n… (l) What records must be kept?\nAn operator must maintain for review during an inspection:\n…(ii) Documents to support the decisions and analyses, including any modifications,\njustifications, variances, deviations and determinations made, and actions taken, to\nimplement and evaluate each element of the integrity management program listed in\nparagraph (f) of this section.\nDuke did not properly document the decisions, analyses, and actions it took to implement\nand evaluate each element of its IMP. Specifically, Duke failed to adequately document\nthe analyses and decisions in the evaluations of: 1) Duke’s determination that the\nMay 27, 2011, leak discovered on the pipeline would not impact the re-assessment\ninterval; and, 2) its risk analysis to evaluate preventive and mitigative measures.\n\n\n\nOn May 27, 2011, while patrolling the propane pipeline in Kenton County, Kentucky, a\nleak was discovered. Duke excavated and exposed the pipeline and discovered localized\nexternal corrosion just outside of the casing at the Interstate 75 road crossing. Duke\nremediated the leak by installing approximately 400 feet of new 8-inch pipe through the\ncasing.\nDuke’s IMP procedure GD75.01-007 Continuing Evaluation and Assessment, Section 7.3\nAssessment Intervals requires “… new information that could be pertinent to the integrity\nof the pipelines will be evaluated within 90 days to determine if an unscheduled integrity\nre-assessment or re-evaluation is needed.” Notwithstanding that requirement, Duke failed\nto document its evaluation of the leak’s impact on the re-assessment interval. Moreover,\nDuke did not properly document the decisions, analyses, and actions it took to implement\nand evaluate each element of its integrity management program. Specifically, Duke failed\nto adequately document the use of its risk analysis to evaluate preventive and mitigative\nmeasures to protect high consequence areas (HCAs).\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 2-2012-6014W. 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":4744}