{"operation":"document","citation":"CPF 320075016M","title":"DUKE ENERGY OHIO - LIQUID — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-03-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075016m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075016m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075016m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075016M","body":"Notice of Amendment involving DUKE ENERGY OHIO - LIQUID. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2007-03-26 and is reported as closed as of 2011-08-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075016M_Closure Letter_08052011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Closure%20Letter_08052011.pdf\n\n320075016M_Closure Letter_08052011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Closure%20Letter_08052011_text.pdf\n\n320075016M_Notice Of Amendment_03262007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Notice%20Of%20Amendment_03262007.pdf\n\n320075016M_Operator Response_07242007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Operator%20Response_07242007.pdf\n\n320075016M_Closure Letter_08052011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 5, 2011\nMr. Jim Mehring\nVice President Gas Operations\nDuke Energy Ohio, Inc.\n139 East Fourth Street\nMail Drop EX403\nCincinnati, Ohio 45202\nCPF 3-2007-5016M\nDear Mr. Jim Mehring:\nOn October 30, 2006, through November 3, 2006, a representative from the Pipeline and\nHazardous Materials Safety Administration (PHMSA) and the Kentucky Public Service\nCommission, pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Duke Energy Corporation procedures in Cincinnati, Ohio. As\na result of the inspection, Duke Energy Corporation was issued a Notice of Amendment on\nMarch 26, 2007, which proposed amendment of your procedures.\nDuke Energy Corporation submitted its amended procedures on July 24, 2007. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed.\nThank you for your cooperation.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n\n320075016M_Notice Of Amendment_03262007.pdf\n\n- t - ,\n\\-\nU.S. Deoortment\nof Tronsoortotion\nPipellne ond\nHozordous l oterlol3\nAc|minlstrqlion\nilAR 2 B 2007\n901 Locusl Street, Suite 462\nKansas City, MO 64106-2641\nSot6ly\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\nMarch26,2007\nMs. Patty Walker\nGroup Vice President Ohio and Kentucky Gas Operations\nDuke Energy Corporation\n139 East Fourth Street\nCincinnati, Ohio 45202\ncPF 3-2007-5016M\nDear Ms. Walker:\nOn October 30, 2006 through November 3,2006, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) Central Region and the Kentucky\nPublic Service Commission pursuant to Chapter 601 of 49 United States Code inspected the\nprocedures of your operator qualification (OQ) progam in Cincinnati, OH.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nDuke Energy's plans or procedures, as described below:\n1. $ 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(a) Identify covered tasks;\n(d) Evaluate an individual ifthe operator has reason to believe that the\nindividualts performance of a covered task contributed to an accident as\ndefined in Part 195;\n(e) Evaluate an individual ifthe operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n\n\n\nA.\nB.\nDuke Energy's Propane Pipeline OQ Program did not identifu all covered tasks, The\nprogram does not list locating pipe with an electronic pipe locator and installation of\nlhe markers as covered tasks. A review of tasks performed on the pipeline is\nrecommended to identify additional tasks.\nDuke Energy's Propane Pipeline OQ Program did not specify that records of\niaspection will indicate who completed the covered task. Not knowing who\ncompleted a covered task could make a determination of whether an individual's\nperformance of a covered task confributed to an accident difficult. Additionally,\nwithout name specific inspection records it could be difficult to evaluate if an\nindividual is no longer qualified to perform a covered task.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. $ 60108(a) and 49 C.F.R. $ 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subj ect to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe quaLify for\nconfidential treaftnent redacted and an explanation ofwhy you believe the redacted\ninformation qualifies for confidential treatrnent under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfrnd facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opporturuty for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. $ 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 90 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill bs closed.\nIn correspondence conceming this matter, please refer to CPF 3-2007-50f 6M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerelv.\nJ.*-.. 0.N-;E---\"\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n\n\nResponse Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 c.F.R. Part 190, subpart B (gg 190.201-190.237) govern response to\nNotices issued by a Regional Director, Pipeline and Hazardous Materials Safely Administration\n(PHMSA).\nBe advised that all material submitted by a respondent in response to an enforcernent action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatrnent under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation ofwhy you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nProcedures for Resrrondine to a NOTICE OF PROBABLE VIOLATION:\nWithin 30 days of receip of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way;\nWhen the Notice contains a proposed CIVIL PENALTY* -\nl.\nPay the proposed civil penalty and advise the Regional Director of the\npayment. This authorizes PHMSA to make f,rndings and to close the case\nwith prejudice to the respondent. Payment terms are outlined below;\nSubmit written explanations, information, or other materials in response to\nthe allegations and/or seek elimination or mitigation of the proposed civil\npenalty. Refer to 49 C.F.R. $ 190.225 for assessment considerations,\nwhich include the respondent's ability to pay and the effect on the\nrespondent's ability to stay in business, upon which civil penalties are\nbased; or\n3.\nRequest a hearing as described below to contest the allegations and/or\nproposed assessment ofa civil penalty.\nWhenthe Notice contains aproposed COMPLIANCE ORDER* --\nl. Notiff the Regional Director that you intend to take the steps in the\nproposed compliance order;\nSubmit written explanations, information, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification ofthe\nproposed compliance order items in whole or in part; or\nJ .\nRequest a hearing as described below to contest the allegations and/or\nproposed compliance order items;\nI of5\n\n\n\nII.\nc. When the Notice contains a WARNING ITEM --\nNo written response is required. The respondent is wamed that if it does not\ntake appropriate action to correct these items, enforcement action will be\ntaken ifa subsequent inspection reveals a violation.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedures forRespondins to a NOTICE OF AMENDMENT*--\nWithin 30 days of receipt of aNotice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way:\na. Notify the Regional.Director of your plans to address the inadequacies\nidentified in the Noticet\nSubmit written explanations, information, or other materials in answer to the\nallegations in the Notice and/or object to or seek clarification ofthe proposed\namendment items in whole or in part; or\nRequest a hearing as described below to contest the allegations in the Notice.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Adminisffator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedure for Requestinq a Hearing\nA request for a hearing must be in writing and accompanied by a statement of the issues\nthat the respondent intends to raise at the hearing. The issues may relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C.F.R, $ 190.225 for assessment considerations upon which\ncivil penalties are based. A respondent's failure to specify an issue may result in waiver\nof the right to raise that issue at the hearing. The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the hearing. Failure to\nrequest a hearing in writing within 30 days of receipt of a Notice waives the right to a\nhearing. In addition, ifthe amount ofthe proposed civil penalty or the proposed\ncorrective action is less than $10,000, the hearing will be held by telephone, unless the\nrespondent submits a written request for an in-person hearing. Complete hearing\nprocedures can be found at 49 C.F.R. $ 1 90.21 I .\n2of5\n\n\n\nIV.\nV.\nVI.\nExtensions of Time\nAn extension of time to prepare an appropriate response to a Notice may be granted, at\nthe agency's discretioq following submittal of a written request to the Regional Director.\nThe request must indicate the amount of time needed and the reasons for the extension.\nThe request must be submitted within 30 days of receipt of the Notice.'\nFreedom of Information Act\nAny material prepared by PHMSA, including the violation report, the Notice, and any\norder issued in this case, and any material provided to PHMSA by the respondent, may\nbe considered public information and subject to disclosure under the Freedom of\nInformation Act (FOIA). If the information you provide is security sensitive, privileged,\nconfidential or may cause your company competitive disadvantages, please clearly\nidenti$ the material and provide justification why the documents, or portions of a\ndocument, should not be released under FOIA. If we receive a request for your material,\nwe will notiff you if PHMSA, after reviewing the materials and your provided\njustification, determines that withholding the materials does not meet any exemption\nprovided under the FOIA. You may appeal the agency's decision to release material\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nSmall Business Reeulatorv Enforcement Fairness Act Information\nThe Small Business and Agricultural Regulatory Enforcement Ombudsman and l0\nRegional Faimess Boards were established to receive comments from small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small business. If you\nwish to comment on the enforcement actions of the Pipeline and Hazardous Materials\nSafety Administration, call I-888-REG-FAIR (1-888-734-3247) or go to\nhttp ://www. sba. gov/ombudsman/dsp_faq. html.\n3 of 5\n\n\n\nVII. PAYMENTINSTRUCTIONS\nCivil Penulty Payments of Less Than $10,000\nPayment ofa civil penalty ofless than $10,000 proposed or assessed, under Subpart B ofPart\n190 of the Pipeline Safety Regulations can be made by certified check, money order or wire\ntransfer. Payment by certified check or money order (containing the CPF Number for this case)\nshould be made payable to the \"Department of Transportation\" and should be sent to:\nFederal Aviation Administration\nMike Monroney Aeronautical Center\nFinancial Operations Division (AMZ-300) P.O. Box 25082\nOklahoma City, OK 73125-4915\nWire transfer payments of less than $10,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are\nprovided below. Questions conceming wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address.\nCivil Penally Payments of $10,000 or more\nPayment of a civil penalty of $ 10,000 or more proposed or assessed under Subpart B of Part I 90\nof the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. $ 89.21 (bX3)),\nthrough the Federal Reserve Communications System (Fedwire) to the account of the U.S.\nTreasury. Detailed instructions are provided below. Questions soncerning wire transfers should\nbe directed to the Financial Operations Division at (405) 954-8893, or at the above address.\nINSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS\n(1) RECETVER ABANO.\n021030004\n(2) TYPE/SUB-TYPE\n(Provided by sending bank)\n(3) SENpTNG BANK ABANO.\n(Provided by sending bank) (4) SENpTNG BANK REF NO,\n(Provided by sending bank)\n(s)AMOTJNT (6) SENDING BANKNAME\n(Provided by sending bank)\n(7) RECEIVERNAME\nTREAS NYC\n(8) PROpUCT COpE\n(Normally CTR, or as provided by sending\nbank)\n(9) BENEFICIAL (BNH : AGENCY\nLOCATION CODE\nBNF: /ALC-69-14-0001\n(10) REASONS FOR PAYMENT\nExample: PHMSA - CPF # / Ticket\nNumber/Pipeline Assessment number\n4 of5\n\n\n\nINSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (l), (5), (7), (9), and (10). The hformation provided in Blocks (l), (7),\nand (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Departrnent of Transportation.\nBlock#1 - RECEIVER ABA NO, - '021030004\". Ensure the sending bank enters this 9-digit\nidentification number; it represents the routing symbol for the U,S. Treasury at the Federal\nReserve Bank in New York.\nBlock #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the\ntransfer amount is punctuated with commas and a decimal point. EXAMPLE: $10.000.00\nBlock#7 - RECEIVERNAME - \"TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Department.\nBlock#9 - BENEFICIAL - AGENCY LOCATION CODE - \"BNF=/ALC-69-14-0001\". Ensure\nthe sending bank enters this information. This is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Administration, Department of Transportation.\nBlock #10 - REASON FOR PAYMENT - \"AC-payment for PHMSA Case # / To ensure your\nwire hansfer is credited properly, enter the case number/ticket number or Pipeline Assessment numbeq\nand country,\"\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the wire transfer. You as the sender can assist this process by notifying the Financial\nOperations Division (405) 954-8893 at the time you send the wire transfer.\nFebruarv 2007\n5 of 5","truncated":false,"body_characters":16600}