{"operation":"document","citation":"CPF 220150005W","title":"FLORIDA PUBLIC UTILITIES CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-07-30","effective_on":null,"summary":"CLOSED warning letter citing 192.11(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220150005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220150005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220150005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220150005W","body":"Warning Letter involving FLORIDA PUBLIC UTILITIES CO. PHMSA's enforcement data identifies the cited regulation as 192.11(a). The case was opened on 2015-07-30 and is reported as closed as of 2015-07-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220150005W_warning letter_07302015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220150005W/220150005W_warning%20letter_07302015.pdf\n\n220150005W_warning letter_07302015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220150005W/220150005W_warning%20letter_07302015_text.pdf\n\n220150005W_warning letter_07302015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 30, 2015\nMr. Jeffrey Householder\nPresident\nFlorida Public Utilities Company\n1015 6th St. NW\nWinter Haven, FL 33881\nCPF 2-2015-0005W\nDear Mr. Householder:\nFrom June 8-11, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety (OPS) inspected the\nFlorida Public Utilities Company (FPUC) liquefied petroleum gas (LPG) pipeline procedures\nand records in its DeBary, Florida office and pipeline facilities located in Orange, Seminole,\nand Volusia counties, Florida, pursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it appears that FPUC has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and\nthe probable violation is as follows:\n1. § 192.11 Petroleum gas systems.\n(a) Each plant that supplies petroleum gas by pipeline to a natural gas distribution\nsystem must meet the requirements of this part and NFPA 58 and 59 (incorporated\nby reference, see §192.7).\nFPUC did not meet the requirements for container relief device testing in NFPA\n59 (2004) 1, Section 10.1.4, which states that \"Relief devices, other than hydrostatic relief\nvalves, shall be tested for proper operation at intervals not exceeding 5 years.\"\n1 NFPA 59 (2004) is applicable to installations with aggregate water capacity greater than 4,000 gallons that\nsupply LP Gas to a gas distribution system of 10 or more customers. Since the 30,000 gallon container at\nVeranda Park supplies LP Gas to a distribution system with 10 or more customers, the container is subject to the\nrequirements of NFPA 59 (2004).\n\n\n\nFPUC did not provide any documentation to demonstrate that it had tested the container relief\ndevices, on the 30,000 gallon container at Veranda Park, for proper operation at intervals not\nexceeding 5 years. The Veranda Park system began operation in 2007 and the next test would\nhave been due in 2012. As of the dates of this inspection, FPUC had not tested the container\nrelief device. FPUC personnel indicated that they were not aware of the NFPA 59\nrequirement.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a 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 Florida Public Utilities\nCompany being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2015-0005W. 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":4356}