{"operation":"document","citation":"CPF 320075019","title":"DUKE ENERGY OHIO - LIQUID — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-05-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.410(a)(ii), 195.440.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075019","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075019","body":"Notice of Probable Violation involving DUKE ENERGY OHIO - LIQUID. PHMSA's enforcement data identifies the cited regulations as 195.410(a)(ii),  195.440. The case was opened on 2007-05-21 and is reported as closed as of 2010-01-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075019_Closure Letter_01122010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075019/320075019_Closure%20Letter_01122010.pdf\n\n320075019_Final Order_02272008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075019/320075019_Final%20Order_02272008.pdf\n\n320075019_final order_02272008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075019/320075019_final%20order_02272008_text.pdf\n\n320075019_NOPV PCO_05212007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075019/320075019_NOPV%20PCO_05212007.pdf\n\n320075019_nopv pco_05212007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075019/320075019_nopv%20pco_05212007_text.pdf\n\n320075019_operator response to notice_06252007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075019/320075019_operator%20response%20to%20notice_06252007.pdf\n\n320075019_final order_02272008_text.pdf\n\nO\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nFEEI 2 2 BII8\nMs. Patty Walker\nSenior Vice President\nOhio and Kentucky Gas Operations\nDuke Energy Corporation\n139 East Fourth Street\nCincinnati, OH 45202\nRe: CPF No. 3-2007-5019\nDear Ms. Walker:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions to be taken to comply with the pipeline safety regulations. When\nthe terms of the compliance order are completed, as determined by the Director, Central Region,\nPHMSA this enforcement action will be closed. Your receipt of this Final Order constitutes\nservice of that document under 49 C. F R, ) 190. 5.\nThank you for your cooperation in this matter.\nSincerely,\n('+\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ivan Huntoon, Director\nCentral Region, PHMSA\nCERTIFIED NIAJL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nDuke Energy Corporation,\nRespondent\nCPF No. 3-2007-5019\nFINAL ORDER\nOn October 30 through November 3, 2006, pursuant to 49 U. S. C. ) 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\nand the Kentucky Public Service Commission conducted an on-site pipeline safety inspection of\nRespondent's 6-inch propane pipeline facilities near Monroe, Ohio. As a result of the inspection,\nthe Director, Central Region, PHMSA, issued to Respondent, by letter dated May 21, 2007, a\nNotice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49\nC. F. R. $ 190. 207, the Notice proposed finding that Respondent had committed violations of 49\nC. F. R. Part 195 and proposed ordering Respondent to take certain measures to correct the\nalleged violations.\nRespondent responded to the Notice by letter dated June 25, 2007 (Response). Respondent did\nnot contest the allegations of violation and expressed its intent to take the steps outlined in the\nproposed compliance order. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated 49\nC. F. R. Part 195, as follows:\nItem I: The Notice alleged that Respondent violated 49 C. F. R. ) 195. 410(a), which states:\ng 195. 410 Line markers.\n(a) Except as provided in paragraph ('o) of this section, each operator shall place and\nmaintain line markers over each buried pipeline in accordance with the following:\n\n\n\n(1) Markers must be located at each public road crossing, at each railroad crossing,\nand in sufficient number along the remainder of each buried line so that its location is\naccurately known.\n(2) The marker must state at least the following on a background of sharply\ncontrasting color:\n(i) The word \"Warning, \" \"Caution, \"\nor \"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 in\nletters at least 1 inch (25 millimeters) high with an approximate stroke ofl/4 inch (6. 4\nmillimeters).\n(ii) The name of the operator and a telephone number (including area code) where the\noperator can be reached at all times.\nThe Notice alleged that some of Respondent's line markers displayed incorrect information.\nSpecifically, the Notice alleged that some line markers in Ohio were found displaying the words\n\"Gas Pipeline\" along with the words \"Propane Pipeline\" and that two markers were found to\ndisplay an emergency telephone number that was disconnected. Respondent did not contest the\nallegation in its Response. Accordingly, I find that Respondent violated 49 C. F. R. ) 195. 410(a)\nas more fully described in the Notice.\nItem 2: The Notice alleged that Respondent violated 49 C. F, R. $ 195. 440, which states:\ng 195. 440 Public education.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n$195. 3).\nSpecifically, the Notice alleged that Respondent failed to implement a public education program\nfor years 2003, 2004, and 2005 directed at the public in the vicinity of its propane pipelines in\nOhio. Respondent did not contest the allegation in its Response. Accordingly, I find that\nRespondent violated 49 C. F. R. ) 195. 440 (2005), as more fully described in the Notice.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to the inaccurate line marker violation in\nItem 1 and the public education program violation in Item 2. Under 49 U. S. C. $ 60118(a), each\nperson who engages in the transportation of hazardous liquids or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. Pursuant to the authority of 49 U. S, C. $ 60118(b) and 49 C. F. R. $ 190 217,\nThis regulation was amended m 2005 to mclude additional requirements for pubhc awareness programs (70 FR\n28843) Operators were required to comply with the amended regulation as of June 20, 2006 Because the\nallegations involved the 2003-2005 tune period, the Notice cited the regulation as it existed prior to this amendment,\n\n\n\n3\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations:\n1. In regard to Item 1 of the Notice pertaining to inaccurate line markers, Duke Energy shall\nupdate all line markers to display a current telephone number. Additionally, Duke\nEnergy shall remove the reference to \"Natural Gas\" from the line markers placed over\npropane lines;\n2. In regard to Item 2 of the Notice pertaining to implementation of a public education\nprogram, Duke Energy shall provide an additional notification of the affected public in\nthe vicinity of its propane pipelines in Ohio with relevant propane pipeline information.\nThis additional public notification shall be in addition to implementing the provisions of\nits new public awareness plan which follows the guidance provided in API 1162 in\naccordance with 49 C. F. R. $ 195. 440 (2007), as amended;\n3. Items 1 and 2 above shall be completed within 120 days following receipt of this Order;\nand\n4, Duke Energy shall maintain documentation of the costs associated with fulfilling this\nOrder and submit copies of the documentation to Ivan A. Huntoon, Director, Central\nRegion, Pipeline and Hazardous Materials Safety Administration, 901 Locust Street,\nSuite 462, Kansas City, MO 64106-2641. Costs shall be reported in two categories: (1)\ntotal cost associated with preparation/revision of plans, procedures, studies and analyses;\nand (2) total cost associated with replacements, additions and other changes to pipeline\nfacilities and equipment.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100, 000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order shall be effective upon receipt.\nFEB 2 V 2D08\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued\n\n320075019_Closure Letter_01122010.pdf\n\nU.S. Department\n901 Locust Street, Suite 462\nof Transportation\nKansas City, MO\n64106-2641\nHazardous Materiais Safery\nPipeline and\nAdministration\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 12, 2010\nMs. Patricia Walker\nSenior Vice President - Ohio & Kentucky Gas Operations\nDuke Energy Corporation\n139 East Fourth St.\nCincinnati, OH 45202\nCPF 3-2007-5019\nDear Ms. Walker:\nOn February 27, 2008, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Duke Energy Corporation a Final Order in the above-referenced case. This Order\nincluded a Compliance Order. Based on our review of the documentation you provided, it has\nbeen determined that you have complied with the terms of this Order.\nmatters involved in this case. Thank you for your cooperation in this matter.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nSincerely,\nAmand Nintron\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10133}