# DUKE ENERGY FLORIDA, LLC D/B/A DUKE ENERGY — Warning Letter

- **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:** Not available
- **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.

Official case documents:

220126015W_warning letter_07182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126015W/220126015W_warning%20letter_07182012.pdf

220126015W_warning letter_07182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126015W/220126015W_warning%20letter_07182012_text.pdf

220126015W_warning letter_07182012_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 18, 2012
Mr. Jeffrey Swartz
Vice President, Power Generation Operations Florida
Progress Energy
Post Office Box 14042
Saint Petersburg, Florida 33733-4042
CPF 2-2012-6015W
Dear Mr. Swartz:
From May 21-23, 2012, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) inspected Progress Energy’s Bartow/Anclote Pipeline Public
Awareness Program in Florida pursuant to Chapter 601 of 49 United States Code.
As a result of the inspection, it appears that Progress Energy has committed a probable
violation of the Pipeline Safety Regulations, in Title 49 of the Code of Federal Regulations.
The item inspected and the probable violation is as follows:
1. §195.440 Public awareness.
… (i) The operator's program documentation and evaluation results must be
available for periodic review by appropriate regulatory agencies;
Progress Energy failed to maintain the documentation required by Section 11.0,
Documentation and Record-Keeping, of its Bartow/Anclote Pipeline Public Awareness
Program. Specifically, Progress Energy did not have (1) copies of its annual mail-outs to
the affected public and excavators in 2009 and 2011, (2) the results of its 2010
Effectiveness of Program Implementation evaluation; and, (3) the results of its annual
Self-Assessment of Implementation evaluations for the five years prior to 2012.
It should be noted that the Bartow/Anclote Pipeline has been purged, is filled with
nitrogen, and has been disconnected from the fuel oil tanks at Bartow.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of
$1,000,000 for any related series of violations. We have reviewed the circumstances and
supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to



correct the item identified in this letter. Failure to do so will result in Progress Energy
being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 2-2012-6015W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),
along with the complete original document you must provide a second copy of the document
with the portions you believe qualify for confidential treatment redacted and an explanation of
why you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Wayne T. Lemoi
Director, Office of Pipeline Safety
PHMSA Southern Region
2
- **truncated:** false
- **body characters:** 3544