{"operation":"document","citation":"CPF 52022013WL","title":"FLORIDA POWER & LIGHT CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-06-03","effective_on":null,"summary":"CLOSED warning letter citing 192.631(e)(5), 192.631(f)(2), 192.631(h)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022013wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022013wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022013wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022013WL","body":"Warning Letter involving FLORIDA POWER & LIGHT CO. PHMSA's enforcement data identifies the cited regulations as 192.631(e)(5),  192.631(f)(2),  192.631(h)(6). The case was opened on 2022-06-03 and is reported as closed as of 2022-06-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022013WL_Warning Letter_06032022_(21-210179).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022013WL/52022013WL_Warning%20Letter_06032022_(21-210179).pdf\n\n52022013WL_Warning Letter_06032022_(21-210179)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022013WL/52022013WL_Warning%20Letter_06032022_(21-210179)_text.pdf\n\n52022013WL_Warning Letter_06032022_(21-210179)_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 3, 2022\nMr. Danny Schedule\nSenior Director\nMidstream Operations\nFlorida Power & Light Company\n601 Travis Street, Suite 1900\nHouston, Texas 77002\nCPF 5-2022-013-WL\nDear Mr. Schedule:\nFrom June 7 through June 11, 2021, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your control room operations in Houston, Texas.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.631 Control room management.\n(a) …\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator's plan must include provisions to:\n(1) …\n(5) Monitor the content and volume of general activity being directed to and required\nof each controller at least once each calendar year, but at intervals not to\n\n\n\nexceed 15 months, that will assure controllers have sufficient time to analyze and\nreact to incoming alarms;\nFlorida Power & Light failed to monitor the content and volume of general activity being\ndirected to and required of each controller at least once each calendar year, but at intervals not to\nexceed 15 months, that will assure controllers have sufficient time to analyze and react to\nincoming alarms.\nDuring the inspection, Florida Power & Light failed to provide records to demonstrate that it\nperformed the requisite monitoring during 2017.1\n2. § 192.631 Control room management.\n(a) …\n(f) Change management. Each operator must assure that changes that could affect\ncontrol room operations are coordinated with the control room personnel by\nperforming each of the following:\n(1) …\n(2) Require its field personnel to contact the control room when emergency\nconditions exist and when making field changes that affect control room operations;\nFlorida Power & Light failed to assure that changes that could affect control room operations are\ncoordinated with the control room by failing to require its field personnel contact the control\nroom when making field changes that affect control room operations.\nDuring the inspection, PHMSA reviewed valve inspection records for 2019 that failed to confirm\ncontrol room personnel were contacted prior to the inspections.2\nSpecifically, valves inspection records for the following inspections failed to demonstrate the\ncontrol room was contacted:\n• Beechnut CG Pipeline System inspected on June 24, 2019 - eight (8) valves.\n• Eldridge CG Pipeline System inspected on June 24, 2019 – six (6) valves.\n• Highway 3 City Gate inspected on June 25, 2019 – four (4) valves.\n• Sugarland Junction City Gate inspected on June 24, 2019 – seven (7) valves.\n3. § 192.631 Control room management.\n(a) …\n1 See 192.631(j)(1) (requiring operators to maintain for review during inspections records that demonstrate\ncompliance with the requirements in § 192.631).\n2 Valve inspections involve field changes that affect control room operations.\n\n\n\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator's program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements:\n(1) …\n(6) Control room team training and exercises that include both controllers and other\nindividuals, defined by the operator, who would reasonably be expected to\noperationally collaborate with controllers (control room personnel) during normal,\nabnormal or emergency situations. Operators must comply with the team training\nrequirements under this paragraph by no later than January 23, 2018.\nFlorida Power & Light failed to properly conduct team training and exercises that include both\ncontrollers and other individuals, defined by the operator, who would reasonably be expected to\noperationally collaborate with controllers (control room personnel) during normal, abnormal, or\nemergency situations.\nDuring the inspection, PHMSA reviewed the following records and identified the following\ndeficiencies:\n• 2018 team training failed to include other individuals outside of control room personnel.\nFurthermore, the records failed to indicate what topic(s) were covered or what the\ntraining objective included; and\n• 2019 - No records of team training could be provided.3\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a\nrelated series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\n3 Id.\n\n\n\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nFlorida Power & Light being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2022-013-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#21-210179)","truncated":false,"body_characters":7973}