{"operation":"document","citation":"CPF 52023014NOA","title":"FLORIDA POWER & LIGHT CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-01-09","effective_on":null,"summary":"CLOSED notice of amendment citing 192.631(f)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023014noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023014noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023014noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023014NOA","body":"Notice of Amendment involving FLORIDA POWER & LIGHT CO. PHMSA's enforcement data identifies the cited regulation as 192.631(f)(2). The case was opened on 2023-01-09 and is reported as closed as of 2023-01-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023014NOA_Closure Letter_01192023_(21-210179).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023014NOA/52023014NOA_Closure%20Letter_01192023_(21-210179).pdf\n\n52023014NOA_Closure Letter_01192023_(21-210179)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023014NOA/52023014NOA_Closure%20Letter_01192023_(21-210179)_text.pdf\n\n52023014NOA_Notice of Amendment_01092023_(21-210179).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023014NOA/52023014NOA_Notice%20of%20Amendment_01092023_(21-210179).pdf\n\n52023014NOA_Notice of Amendment_01092023_(21-210179)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023014NOA/52023014NOA_Notice%20of%20Amendment_01092023_(21-210179)_text.pdf\n\n52023014NOA_Operator Response to Notice_01172023_(21-210179).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023014NOA/52023014NOA_Operator%20Response%20to%20Notice_01172023_(21-210179).pdf\n\n52023014NOA_Closure Letter_01192023_(21-210179)_text.pdf\n\nVIA E-MAIL TO MR. DANNY SCHEDULE\nJanuary 19, 2023\nMr. Danny Schedule\nSenior Director\nMidstream Operations\nFlorida Power & Light Company\n601 Travis Street, Suite 1900\nHouston, Texas 77002\nCPF 5-2023-014-NOA\nClosure Letter\nDear Mr. Schedule:\nFrom June 7 through June 11, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nFlorida Power & Light’s procedures for control room operations in Houston, Texas.\nAs a result of the inspection, Florida Power & Light was issued a Notice of Amendment on January\n9, 2023, which proposed amendment of your procedures. Florida Power & Light submitted amended\nprocedures on January 17, 2023.\nMy staff has reviewed 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. Thank you for\nyour cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#21-210179)\n\n52023014NOA_Notice of Amendment_01092023_(21-210179)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. DANNY SCHEDULE\nJanuary 9, 2023\nMr. Danny Schedule\nSenior Director\nMidstream Operations\nFlorida Power & Light Company\n601 Travis Street, Suite 1900\nHouston, Texas 77002\nCPF 5-2023-014-NOA\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 Florida Power & Light’s procedures for control room operations in Houston, Texas.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within Florida\nPower & Light’s plans or procedures, as described below:\n1. §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;\n\n\n\nFlorida Power & Light’s written procedures are inadequate to assure the safe operation of a\npipeline facility.\nFlorida Power & Light’s revised procedure, M-15 Mainline Valves Inspection and Testing,\nDocument Number 2005220615, Revision 1, submitted to PHMSA after the inspection on\nOctober 28, 2021, fails to require that field personnel contact the control room when making\nfield changes that affect control room operations pursuant to the requirements set forth in §\n192.631(f)(2). Instead, under Section 5.0 – Instructions, and below subsection 5.1.4, the NOTE\nbox states, in relevant part, “… The person performing this function should contact Gas Control\nRoom before operating the valve and after the function is completed.” As this is a requirement\npursuant to §192.631(f)(2), the procedure must require this action. Accordingly, the “should”\nshould be changed to “must.” Furthermore, the information in the NOTE box regarding\ncontacting the control room should be more predominant in the procedure to ensure the reader\nrecognizes the need to contact the control room prior to beginning the inspection.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Florida Power & Light maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\n\n\n\nplease refer to CPF 5-2023-014-NOA and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#21-210179)","truncated":false,"body_characters":7274}