# DUKE ENERGY OHIO - LIQUID — Notice of Amendment - **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:** Not available - **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. Official case documents: 320075016M_Closure Letter_08052011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Closure%20Letter_08052011.pdf 320075016M_Closure Letter_08052011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Closure%20Letter_08052011_text.pdf 320075016M_Notice Of Amendment_03262007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Notice%20Of%20Amendment_03262007.pdf 320075016M_Operator Response_07242007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075016M/320075016M_Operator%20Response_07242007.pdf 320075016M_Closure Letter_08052011_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 5, 2011 Mr. Jim Mehring Vice President Gas Operations Duke Energy Ohio, Inc. 139 East Fourth Street Mail Drop EX403 Cincinnati, Ohio 45202 CPF 3-2007-5016M Dear Mr. Jim Mehring: On October 30, 2006, through November 3, 2006, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Kentucky Public Service Commission, pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection of Duke Energy Corporation procedures in Cincinnati, Ohio. As a result of the inspection, Duke Energy Corporation was issued a Notice of Amendment on March 26, 2007, which proposed amendment of your procedures. Duke Energy Corporation submitted its amended procedures on July 24, 2007. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, David Barrett Director, Central Region Pipeline and Hazardous Materials Safety Administration 320075016M_Notice Of Amendment_03262007.pdf - t - , \- U.S. Deoortment of Tronsoortotion Pipellne ond Hozordous l oterlol3 Ac|minlstrqlion ilAR 2 B 2007 901 Locusl Street, Suite 462 Kansas City, MO 64106-2641 Sot6ly NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REOUESTED March26,2007 Ms. Patty Walker Group Vice President Ohio and Kentucky Gas Operations Duke Energy Corporation 139 East Fourth Street Cincinnati, Ohio 45202 cPF 3-2007-5016M Dear Ms. Walker: On October 30, 2006 through November 3,2006, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) Central Region and the Kentucky Public Service Commission pursuant to Chapter 601 of 49 United States Code inspected the procedures of your operator qualification (OQ) progam in Cincinnati, OH. On the basis of the inspection, PHMSA has identified the apparent inadequacy found within Duke Energy's plans or procedures, as described below: 1. $ 195.505 Qualification program. Each operator shall have and follow a written qualification program. The program shall include provisions to: (a) Identify covered tasks; (d) Evaluate an individual ifthe operator has reason to believe that the individualts performance of a covered task contributed to an accident as defined in Part 195; (e) Evaluate an individual ifthe operator has reason to believe that the individual is no longer qualified to perform a covered task; A. B. Duke Energy's Propane Pipeline OQ Program did not identifu all covered tasks, The program does not list locating pipe with an electronic pipe locator and installation of lhe markers as covered tasks. A review of tasks performed on the pipeline is recommended to identify additional tasks. Duke Energy's Propane Pipeline OQ Program did not specify that records of iaspection will indicate who completed the covered task. Not knowing who completed a covered task could make a determination of whether an individual's performance of a covered task confributed to an accident difficult. Additionally, without name specific inspection records it could be difficult to evaluate if an individual is no longer qualified to perform a covered task. Response to this Notice This Notice is provided pursuant to 49 U.S.C. $ 60108(a) and 49 C.F.R. $ 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subj ect 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 treaftnent redacted and an explanation ofwhy you believe the redacted information qualifies for confidential treatrnent under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to frnd facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opporturuty for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. $ 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 90 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will bs closed. In correspondence conceming this matter, please refer to CPF 3-2007-50f 6M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerelv. J.*-.. 0.N-;E---" Ivan A. Huntoon Director, Central Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings Response Options for Pipeline Operators in Compliance Proceedings The requirements of 49 c.F.R. Part 190, subpart B (gg 190.201-190.237) govern response to Notices issued by a Regional Director, Pipeline and Hazardous Materials Safely Administration (PHMSA). Be advised that all material submitted by a respondent in response to an enforcernent action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatrnent 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 ofwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). Procedures for Resrrondine to a NOTICE OF PROBABLE VIOLATION: Within 30 days of receip of a Notice of Probable Violation, the respondent shall respond to the Regional Director who issued the Notice in the following way; When the Notice contains a proposed CIVIL PENALTY* - l. Pay the proposed civil penalty and advise the Regional Director of the payment. This authorizes PHMSA to make f,rndings and to close the case with prejudice to the respondent. Payment terms are outlined below; Submit written explanations, information, or other materials in response to the allegations and/or seek elimination or mitigation of the proposed civil penalty. Refer to 49 C.F.R. $ 190.225 for assessment considerations, which include the respondent's ability to pay and the effect on the respondent's ability to stay in business, upon which civil penalties are based; or 3. Request a hearing as described below to contest the allegations and/or proposed assessment ofa civil penalty. Whenthe Notice contains aproposed COMPLIANCE ORDER* -- l. Notiff the Regional Director that you intend to take the steps in the proposed compliance order; Submit written explanations, information, or other materials in answer to the allegations in the Notice and object to or seek clarification ofthe proposed compliance order items in whole or in part; or J . Request a hearing as described below to contest the allegations and/or proposed compliance order items; I of5 II. c. When the Notice contains a WARNING ITEM -- No written response is required. The respondent is wamed that if it does not take appropriate action to correct these items, enforcement action will be taken ifa subsequent inspection reveals a violation. * Failure of the respondent to respond to the Notice within 30 days of receipt constitutes a waiver of the right to contest the allegations in the Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in the Notice without further notice to the respondent and to issue a Final Order. Procedures forRespondins to a NOTICE OF AMENDMENT*-- Within 30 days of receipt of aNotice of Amendment, the respondent shall respond to the Regional Director who issued the Notice in the following way: a. Notify the Regional.Director of your plans to address the inadequacies identified in the Noticet Submit written explanations, information, or other materials in answer to the allegations in the Notice and/or object to or seek clarification ofthe proposed amendment items in whole or in part; or Request a hearing as described below to contest the allegations in the Notice. * Failure of the respondent to respond to the Notice within 30 days of receipt constitutes a waiver of the right to contest the allegations in the Notice and authorizes the Associate Adminisffator for Pipeline Safety to find facts as alleged in the Notice without further notice to the respondent and to issue a Final Order. Procedure for Requestinq a Hearing A request for a hearing must be in writing and accompanied by a statement of the issues that the respondent intends to raise at the hearing. The issues may relate to the allegations, new information, or to the proposed compliance order or proposed civil penalty amount. Refer to 49 C.F.R, $ 190.225 for assessment considerations upon which civil penalties are based. A respondent's failure to specify an issue may result in waiver of the right to raise that issue at the hearing. The respondent's request must also indicate whether or not respondent will be represented by counsel at the hearing. Failure to request a hearing in writing within 30 days of receipt of a Notice waives the right to a hearing. In addition, ifthe amount ofthe proposed civil penalty or the proposed corrective action is less than $10,000, the hearing will be held by telephone, unless the respondent submits a written request for an in-person hearing. Complete hearing procedures can be found at 49 C.F.R. $ 1 90.21 I . 2of5 IV. V. VI. Extensions of Time An extension of time to prepare an appropriate response to a Notice may be granted, at the agency's discretioq following submittal of a written request to the Regional Director. The request must indicate the amount of time needed and the reasons for the extension. The request must be submitted within 30 days of receipt of the Notice.' Freedom of Information Act Any material prepared by PHMSA, including the violation report, the Notice, and any order issued in this case, and any material provided to PHMSA by the respondent, may be considered public information and subject to disclosure under the Freedom of Information Act (FOIA). If the information you provide is security sensitive, privileged, confidential or may cause your company competitive disadvantages, please clearly identi$ the material and provide justification why the documents, or portions of a document, should not be released under FOIA. If we receive a request for your material, we will notiff you if PHMSA, after reviewing the materials and your provided justification, determines that withholding the materials does not meet any exemption provided under the FOIA. You may appeal the agency's decision to release material under the FOIA at that time. Your appeal will stay the release of those materials until a final decision is made. Small Business Reeulatorv Enforcement Fairness Act Information The Small Business and Agricultural Regulatory Enforcement Ombudsman and l0 Regional Faimess Boards were established to receive comments from small businesses about federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the enforcement actions of the Pipeline and Hazardous Materials Safety Administration, call I-888-REG-FAIR (1-888-734-3247) or go to http ://www. sba. gov/ombudsman/dsp_faq. html. 3 of 5 VII. PAYMENTINSTRUCTIONS Civil Penulty Payments of Less Than $10,000 Payment ofa civil penalty ofless than $10,000 proposed or assessed, under Subpart B ofPart 190 of the Pipeline Safety Regulations can be made by certified check, money order or wire transfer. Payment by certified check or money order (containing the CPF Number for this case) should be made payable to the "Department of Transportation" and should be sent to: Federal Aviation Administration Mike Monroney Aeronautical Center Financial Operations Division (AMZ-300) P.O. Box 25082 Oklahoma City, OK 73125-4915 Wire transfer payments of less than $10,000 may be made through the Federal Reserve Communications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are provided below. Questions conceming wire transfer should be directed to the Financial Operations Division at (405) 954-8893, or at the above address. Civil Penally Payments of $10,000 or more Payment of a civil penalty of $ 10,000 or more proposed or assessed under Subpart B of Part I 90 of the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. $ 89.21 (bX3)), through the Federal Reserve Communications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are provided below. Questions soncerning wire transfers should be directed to the Financial Operations Division at (405) 954-8893, or at the above address. INSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS (1) RECETVER ABANO. 021030004 (2) TYPE/SUB-TYPE (Provided by sending bank) (3) SENpTNG BANK ABANO. (Provided by sending bank) (4) SENpTNG BANK REF NO, (Provided by sending bank) (s)AMOTJNT (6) SENDING BANKNAME (Provided by sending bank) (7) RECEIVERNAME TREAS NYC (8) PROpUCT COpE (Normally CTR, or as provided by sending bank) (9) BENEFICIAL (BNH : AGENCY LOCATION CODE BNF: /ALC-69-14-0001 (10) REASONS FOR PAYMENT Example: PHMSA - CPF # / Ticket Number/Pipeline Assessment number 4 of5 INSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the information for blocks (l), (5), (7), (9), and (10). The hformation provided in Blocks (l), (7), and (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous Materials Safety Administration, Departrnent of Transportation. Block#1 - RECEIVER ABA NO, - '021030004". Ensure the sending bank enters this 9-digit identification number; it represents the routing symbol for the U,S. Treasury at the Federal Reserve Bank in New York. Block #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the transfer amount is punctuated with commas and a decimal point. EXAMPLE: $10.000.00 Block#7 - RECEIVERNAME - "TREAS NYC". Ensure the sending bank enters this abbreviation. It must be used for all wire transfers to the Treasury Department. Block#9 - BENEFICIAL - AGENCY LOCATION CODE - "BNF=/ALC-69-14-0001". Ensure the sending bank enters this information. This is the Agency Location Code for the Pipeline and Hazardous Materials Safety Administration, Department of Transportation. Block #10 - REASON FOR PAYMENT - "AC-payment for PHMSA Case # / To ensure your wire hansfer is credited properly, enter the case number/ticket number or Pipeline Assessment numbeq and country," NOTE: A wire transfer must comply with the format and instructions or the Department cannot accept the wire transfer. You as the sender can assist this process by notifying the Financial Operations Division (405) 954-8893 at the time you send the wire transfer. Februarv 2007 5 of 5 - **truncated:** false - **body characters:** 16600