{"operation":"document","citation":"CPF 220166001W","title":"FLORIDA POWER & LIGHT CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-06-16","effective_on":null,"summary":"CLOSED warning letter citing 195.410(a)(2), 195.412(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220166001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220166001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220166001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220166001W","body":"Warning Letter involving FLORIDA POWER & LIGHT CO. PHMSA's enforcement data identifies the cited regulations as 195.410(a)(2),  195.412(b). The case was opened on 2016-06-16 and is reported as closed as of 2016-06-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220166001W_Warning Letter_06162016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220166001W/220166001W_Warning%20Letter_06162016.pdf\n\n220166001W_Warning Letter_06162016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220166001W/220166001W_Warning%20Letter_06162016_text.pdf\n\n220166001W_Warning Letter_06162016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 16, 2016\nMr. Mark Lemasney\nVice President of F & S Operations\nFlorida Power and Light Company\nNextEra Energy, Inc.\n700 Universe Blvd.\nJuno Beach, Florida 33408\nCPF 2-2016-6001W\nDear Mr. Lemasney:\nOn March 21-25, 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Florida\nPower & Light Company’s (FP&L) oil pipeline records and oil pipeline systems in West Palm\nBeach, FL and Port Manatee, FL.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. §195.410 Line markers.\n(a) Each operator shall place and maintain line markers over each buried pipeline in\naccordance with the following:\n…(2) The marker must state at least the following on a background of sharply\ncontrasting color:\n(i) The word “Warning,” “Caution,” or “Danger” followed by the words “Petroleum\n(or the name of the hazardous liquid transported) Pipeline,” or “Carbon Dioxide\nPipeline,” all of which, except for markers in heavily developed urban areas, must be\nin letters at least 1 inch (25 millimeters) high with an approximate stroke of ¼-inch\n(6.4 millimeters).\n(ii)The name of the operator and a telephone number (including area code) where\nthe operator can be reached at all times.\n\n\n\nFP&L failed to meet the regulation because it did not maintain line markers over each\nburied pipeline in accordance with §195.410.\nPHMSA inspectors identified several illegible pipeline markers. Markers were also\nobserved that did not include the correct area code for the required 24 hour telephone\nnumber. Additionally, PHMSA personnel observed pipeline markers which included the\nwording “High Pressure Oil Line,” rather than the word “Pipeline,” as well as markers\nthat did not include the pipeline operator’s name. Example locations include pipeline\nmarkers near Test Station 16 on the 16-inch pipeline, and Test Station 21A on the 30-inch\npipeline. Photographs were obtained at several representative locations.\n2. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n…(b) Except for offshore pipelines, each operator shall, at intervals not exceeding 5\nyears, inspect each crossing under a navigable waterway to determine the condition\nof the crossing.\nFP&L failed to meet the regulation because it did not inspect each crossing under a\nnavigable waterway to determine the condition of the crossing at intervals not exceeding 5\nyears.\nReview of the waterway crossing inspection records for the 18-inch pipeline crossing of\nthe Port St. Lucie waterway indicated that the last two consecutive inspections were\nconducted on January 19, 2011 and February 11, 2016, exceeding the required inspection\ninterval by approximately 1 month.\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 items identified in this letter. Failure to do so will result in Florida Power & Light\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 2-2016-6001W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available.\n2\n\n\n\nIf you believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":5128}