20070730_2002.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:JULY 25, 2007
SUBJECT:UPDATING THE COMMISSION'SAFETY
REPORTING RULES, CASE NO. 31-1101-0701
AND ACCIDENT
The Commission s Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by
reference several national safety codes and federal safety regulations. In particular, Rules 202
and 203 adopt by incorporation the International Fuel Gas Code and the International
Mechanical Code, respectively. The Commission s current rules adopt the 2003 Editions.
In 2006 the International Code Council issued updates to the International Fuel Gas
Code and the International Mechanical Code. Staff is recommending that the Commission
update its Rules 202 and 203 by adoption of the 2006 Editions. Changes to the 2003 Fuel Gas
Code include: prohibited locations for appliances (Section 303.3); vent piping (Section 403.3);
a requirement to check for leaks before operating piping system (Section 406.6.4); connecting
gas supply to appliances in manufactured homes (Section 411); and standards for single-wall
metal pipe (Section 503.10.14).
Changes to the 2003 Edition of the Mechanical Code include new standards
regarding the location of exhaust outlets in Section 501.1. The Staff is also recommending
several housekeeping corrections to the rules (mailing addresses, telephone numbers, e-mail
addresses, and citations to other authorities).
In addition to updated safety codes, the Staff is recommending that the Commission
adopt a new reporting requirement regarding natural gas pipelines. In response to pipeline
outages caused by Hurricanes Katrina and Rita, the Federal Energy Regulatory Commission
(FERC) adopted new safety rules regarding the reporting of major service interruptions and
damage to natural gas pipelines. The FERC safety reporting rules are found in 18 C.F .R. ~
DECISION MEMORANDUM
260.9. These safety regulations require that pipeline corporations report serious damage and
interruptions to the FERC and to state commissions. Accordingly, Staff is recommending
changes to Accident Reporting Rules 301.03 and 302.04.
Staff recommends that the Commission update the Safety Rules as described above
and as set out in the attached proposed changes.
COMMISSION DECISION:
Should Rules 201 , 202, 203 , 301 and 302 of the Commission s Safety and Accident
Reporting Rules be updated by the adoption of the current codes and CFRs?Does the
Commission wish to adopt the new FERC accident reporting rule for natural gas pipelines?
Does the Commission also wish to make the housekeeping changes to Rules 5 and 8?
Don Howell
blsfN:31-IIOI-O701 Decision Memo
DECISION MEMORANDUM
IDAPA 31
TITLE
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
005.DEFINITIONS (RULE 5).
01. Utilities. The terms "electrical corporation
" "
gas corporation
" "
pipeline
corporation
" "
telephone corporation " and "water corporation" have the meanings given to them
by statute in Chapter 1 , Title 61 , Idaho Code, orders of the Idaho Public Utilities Commission
and decisions of the Supreme Court of Idaho construing these statutes.(7 1 93)(
02.Serious Dama2e. "Serious damage" means damage to natural gas facilities caused
by a natural disaster or terrorism that results in a loss of or reduction in pipeline throughput or
storage deliverability.
03.Serious Interruption of Service. "Serious interruption of service" means
interruptions of natural gas pipeline service to communities, major governmental installations,
and large industrial plants outside of communities or any other interruption that is significant in
the judgment of the natural gas pipeline. Interruptions of less than three (3) hours or planned
maintenance outages need not be reported.
(BREAK IN CONTINUITY OF SECTIONS)
008.INCORPORATION BY REFERENCE - CODE OF FEDERAL REGULATIONS
(RULE 8).
Rules 101 201 202, aBEl203, and 302 incorporate by reference various national safety codes and
federal gas pipeline safety regulations. Each applicable rule identifies the issuing entity for each
code or regulation and indicates where the incorporated materials may be obtained. Incorporated
materials are also available for inspection and copying at the offices of the Idaho Public Utilities
Commission and the Idaho State Law Library. (3 30 01)(
(BREAK IN CONTINUITY OF SECTIONS)
201. FEDERAL NATURAL GAS SAFETY REGULATIONS - 49 c.F.R. P;\RT8 191,
192,193,195 ND 199 (RULE 201).
The Commission adopts incorporates by reference Part 260.9, Title 18 (April L 2007) and Parts
191 , 192, 193 , 195, and 199, Title 49, the Code of Federal Regulations (October 1 , 200~1),
except that federal accident reporting requirements contained in the rules adopted by reference in
Rule 201 are replaced for state reporting purposes by orders of the Commission or rules of the
Commission. These regulations are found in the Code of Federal Regulations, available from the
S. Government Printing Office, Superintendent of Documents, Attn: New Orders, PO Box
371954, Pittsburgh, P A 15250-7954. The incorporated CFR Parts are also available in electronic
format at \v"'\"vV.access.gpo.gov/nara www.gpoaccess.gov/nara. All gas and pipeline corporations
subject to the Commission s jurisdiction are required to abide by applicable provisions of these
federal regulations adopted by reference.(1 11 06)(
202.INTERN A TIONAL FUEL GAS CODE (IFGA) (RULE 202).
01. deptioR Incorporation by Reference. The Commission adopts incorporates
reference the International Fuel Gas Code 200;Q Edition and the errata dated "~pril 23 , 2003.
The International Fuel Gas Code is published by the International Code Council 5203 Leesburg
Pike, Suite 600, Falls Church, VA 22011 300 New Jersey Avenue, NW, 6th Floor, Washington
C. 20001-2070. The Code is available from the Code Council and may be ordered online at
www.iccsafe.org. Telephone orders may be placed by calling toll-free 800-281 1106786-4452
(3 20 01)(
02. Utility Compliance. All gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the International Fuel Gas Code
and to connect for service and light only those installations that: (3-20-04)a. Have been inspected and approved by authorized agencies; or (4-98)
When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the International Fuel Gas Code as a condition of receiving service or
continuing to receive service.(3-20-04)
203.INTERNATIONAL MECHANICAL CODE (IMC) (RULE 203).
01. doptioR Incorporation by Reference. The Commission adopts incorporates
reference those portions of the 200J-Q International Mechanical Code explicitly referring to gas
or gas-burning appliances. The International Mechanical Code is published by the International
Code Council 5203 Leesburg Pike, Suite 600, Falls Church, V/'. 22011 300 New Jersey Avenue,
NW, 6th Floor, Washington D.C. 20001-2070 and may be ordered by calling toll-free 800-2-84-
44% 786-4452 or online at www.iccsafe.org (3 20 01)(
02. Utility Compliance. Gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the International Mechanical Code
and to connect for service and light only those installations that: (3-20-04)
a. Have been inspected and approved by authorized agencies; or (4-98)
b. When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the International Mechanical Code as a condition of receiving service or
continuing to receive service.(3-20-04)
(BREAK IN CONTINUITY OF SECTIONS)
RULES 300 THROUGH 400 -- REPORTING OF ACCIDENTS
AND SERVICE INTERRUPTIONS
301. IMMEDIATE REPORTING OF F AT ALITIES: AND CERTAIN ACCIDENTS
AND MAJOR NATURAL GAS INTERRUPTIONS (RULE 301).
01. Fatality and Accident Reporting RequiTed Whenever any employee of an
electrical corporation, gas corporation, pipeline corporation, telephone corporation, or water
corporation or any member of the public dies or requires in-patient hospitalization as a result of
contact with or proximity to utility operating property, the utility must notify the Commission by
telephone of the fatality or hospitalization no later than the first business day following discovery
of the fatality or reporting of the hospitalization, except as provided in Subsection
31.11.01.301.02. Reports should be made to the Commission Secretary at [phone].
(1 1 98)(
02. Operating Property - Automobile Accident Exception. As used in this rule
operating property means electric plant as defined in Section 61-118, Idaho Code, gas plant as
defined in Section 61-116, Idaho Code, pipelines as defined in Section 61-114, Idaho Code
telephone line as defined in Section 61-120, Idaho Code, or water systems as defined in Section
61-124, Idaho Code. This rule does not apply to fatalities arising out of automobile accidents
even if the automobile later comes into contact with utility plant. Office buildings or portions of
office buildings not associated with the physical delivery of utility services or commodities are
not considered operating property. (4-98)
03. Major Service Interruptions or Dama2e to Natural Gas Pipelines. The
Commission incorporates by reference Section 260.9, Title 18, the Code of Federal Regulations
(April L 2007). Every natural gas corporation must report serious damage to natural gas
facilities and serious interruptions of service to the Commission. Natural gas corporations
should also report other serious damage not caused by natural disaster or terrorism if such
damages create the potential for serious delivery problems on its own system or the pipeline grid.
302.WRITTEN REPORTING ACCIDENTS AND NATURAL GAS
INTERRUPTIONS (RULE 302).
01. Reporting Required. In addition to any telephone reporting required under Rule
301 , a written report shall be submitted for:ef a. e;Every accident involving an employee of the utility or member of the public that
results in a fatality or in-patient hospitalization; 6f
ny other accident the utility finds significant: or
Serious damage or service interruption of natural gas pipelines.
02.Submittin2 the Written Report. All written reports must be submitted to the
Commission within twenty-one (21) days after the fatality or injury is discovered. Reports
regarding serious damage or service interruption shall be submitted at the earliest feasible time.
Reports should be mailed to:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE ID 83720-0074
(7 1 93)(
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE ID 83702-5983
Copies of such reports may also be provided by facsimile at [phone] or by electronic mail
to secretary~puc.state.id.. (5-03)
O~~. Contents of Written Accident Report. There is no standard form for written
reports prescribed by this rule. Gas companies may file copies of reports submitted to federal
regulators under 49 C.R. Part 191. All reports submitted must contain the following
information:
etc.
(7 1 93)(
Name ofperson(s) involved in the accident; (7-93)
Status of persons involved in the accident (e., employees, children, contractors
(7-93)
Time of day, day of the week and month, and location of the accident or discovery
of the accident; aHd (5 3 03)(
Description of the accident and events leading up to the accident
-:-;
and
(7 1 93)(
The company name, contact person, e-mail address and direct telephone number.
04.Contents of Written Report Involvin2 Dama2e or Interruption to Natural Gas
Facilities. All written reports shall provide the following information:
!!:
The location and cause of the service interruption or damage to natural gas pipeline
or storage facilities;
The natural of the serious damage to pipeline or storage facility;
The specific identification and location of any facilities damaged
The time the service interruption or damage to facilities occurred;
!:.
The customers affected by the interruption of service or damage to facilities;
A brief description of emergency actions taken to maintain service;
An estimate of the time (if available) when pipeline throughput or storage
deliverables are expected to be restored; and
h. The company name, contact person, e-mail address and direct telephone number.