{"operation":"document","citation":"CPF 220126015W","title":"DUKE ENERGY FLORIDA, LLC D/B/A DUKE ENERGY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-07-18","effective_on":null,"summary":"CLOSED warning letter citing 195.440(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126015w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126015w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126015w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126015W","body":"Warning Letter involving DUKE ENERGY FLORIDA, LLC D/B/A DUKE ENERGY. PHMSA's enforcement data identifies the cited regulation as 195.440(i). The case was opened on 2012-07-18 and is reported as closed as of 2012-07-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126015W_warning letter_07182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126015W/220126015W_warning%20letter_07182012.pdf\n\n220126015W_warning letter_07182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126015W/220126015W_warning%20letter_07182012_text.pdf\n\n220126015W_warning letter_07182012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 18, 2012\nMr. Jeffrey Swartz\nVice President, Power Generation Operations Florida\nProgress Energy\nPost Office Box 14042\nSaint Petersburg, Florida 33733-4042\nCPF 2-2012-6015W\nDear Mr. Swartz:\nFrom May 21-23, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected Progress Energy’s Bartow/Anclote Pipeline Public\nAwareness Program in Florida pursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it appears that Progress Energy has committed a probable\nviolation of the Pipeline Safety Regulations, in Title 49 of the Code of Federal Regulations.\nThe item inspected and the probable violation is as follows:\n1. §195.440 Public awareness.\n… (i) The operator's program documentation and evaluation results must be\navailable for periodic review by appropriate regulatory agencies;\nProgress Energy failed to maintain the documentation required by Section 11.0,\nDocumentation and Record-Keeping, of its Bartow/Anclote Pipeline Public Awareness\nProgram. Specifically, Progress Energy did not have (1) copies of its annual mail-outs to\nthe affected public and excavators in 2009 and 2011, (2) the results of its 2010\nEffectiveness of Program Implementation evaluation; and, (3) the results of its annual\nSelf-Assessment of Implementation evaluations for the five years prior to 2012.\nIt should be noted that the Bartow/Anclote Pipeline has been purged, is filled with\nnitrogen, and has been disconnected from the fuel oil tanks at Bartow.\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\n\n\n\ncorrect the item identified in this letter. Failure to do so will result in Progress Energy\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2012-6015W. 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":3544}