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HomeMy WebLinkAbout20240516Notice_of_Petition_Order_No_36181.pdf Office of the Secretary Service Date May 16,2024 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF INTERMOUNTAIN ) CASE NO. INT-G-24-02 GAS COMPANY'S PETITION TO ) TERMINATE THE SETTLEMENT ) NOTICE OF PETITION AGREEMENT IN CASE NO. INT G-22-01 ) NOTICE OF MODIFIED PROCEDURE ORDER NO. 36181 On April 19,2024,Intermountain Gas Company("Company"),petitioned the Commission to (1) fully terminate the settlement entered between it and Commission Staff("Staff'); and (2) acknowledge that the proposed penalties held in abeyance in that Case are waived ("Petition"). The Company requested its Petition be processed by Modified Procedure. We now issue this Notice of Petition and Notice of Modified Procedure establishing public comment and Company reply deadlines. BACKGROUND In early 2022, the Commission received a complaint from a person employed by the Company who claimed he had performed tasks he was unqualified for. Later investigation and self-reporting by the Company uncovered that almost 1,900 work orders were issued and performed by unqualified operators. Staff filed a complaint asking the Commission to issue penalties against the Company for the maximum amount allowed by Idaho Code for the reported safety violations. The Company and Staff reached a settlement to resolve the potential penalties requested by Staff. The settlement contemplated 11 action items the Company must complete to manage the safety concerns raised by Staff, with each item being designed to help the Company increase supervision and control over personnel ("Settlement"). The Settlement also required quarterly audits of the service orders completed by qualified individuals. The Settlement was approved by the Commission on August 5, 2022, in Order No. 35492.1 1 No penalties were imposed by the Commission in Case No.TNT-G-22-01,but the Settlement contemplated abeyance of penalties advocated for by Staff while the terms of the Settlement were operative. NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36181 1 NOTICE OF PETITION YOU ARE HEREBY NOTIFIED that the Company represents it completed each of the action items required under the Settlement and has audited its implementation and provided the corresponding reports to Staff since the Settlement was approved in August 2022. The Company reports that it met the Settlement's requirement to complete at least two consecutive quarters of zero safety violations reported prior to seeking termination of the Settlement. YOU ARE HEREBY NOTIFIED that the Settlement allows for termination in one of three ways: (1) completion of the action items and final approval by the Commission of a completion report or similar document agreed to by the Staff and the Company; (2) upon stipulation of the Staff and the Company approved by the Commission; or(3)upon approval by the Commission of a petition filed by the Company. YOU ARE FURTHER NOTIFIED that the Petition is available for public inspection during regular business hours at the Commission's office. The Petition is also available on the Commission's website at www.puc.idaho.gov. Click on the"GAS"icon, select"Open Cases,"and click on the case number as shown on the front of this document. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 of the Idaho Code, and that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq. NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter, and that it will proceed under Modified Procedure pursuant to the Commission's Rules of Procedure 201-204, IDAPA 31.01.01.201-.204. The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that persons desiring to state a position on this Petition may file a written comment explaining why the person supports or opposes the Petition. Persons who would like a hearing must specifically request a hearing in their written comments and explain why written comments alone are insufficient. Persons interested in filing written comments must do so by June 26, 2024. Comments must be filed through the Commission's website or by NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36181 2 e-mail unless computer access is unavailable. To comment electronically, please access the Commission's website at http://www.puc.idaho.gov/. Click the "Case Comment Form" and complete the form using the case number as it appears on the front of this document. To file by e-mail, persons must e-mail the comments to the Commission Secretary and all parties at the e-mail addresses listed below. Persons submitting a comment by e-mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by e-mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code § 74-101(13), and all information provided by such person is available for public and media inspection. If computer access is unavailable, then comments may be mailed to the Commission and the Parties at the addresses below.Persons submitting a comment by mail must provide their name, address, and the Case Number under which they are commenting. Persons submitting a comment by mail also acknowledge that submitting a comment in an open case constitutes a public record under Idaho Code§74-101(13),and all information provided by such person is available for public and media inspection. For the Idaho Public Utilities For Intermountain Gas: Commission: Commission Secretary Lori Blattner Idaho Public Utilities Commission Intermountain Gas Company P.O. Box 83720 P.O. Box 7608 Boise, ID 83720-0074 Boise, ID 83707 secretary(a�puc.idaho.gov lori.blattnerAint ag s.com Street Address for Express Mail: Preston Carter Givens Pursley LLP 11331 W. Chinden Blvd. 601 W. Bannock St. Building 8, Suite 201-A Boise, ID 83702 Boise, ID 83714 prestoncarter(a�,givenspursle. stephaniew(akgivenspursle. YOU ARE FURTHER NOTIFIED that the Company must file any reply comments by July 3, 2024. YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set, the Commission will consider this matter on its merits and enter its final NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36181 3 order without a formal hearing. If written comments are received within the time limit set, the Commission will consider them and, in its discretion, may set the same for formal hearing. ORDER IT IS HEREBY ORDERED that the Petition be processed by Modified Procedure, Rules 201-204. Persons interested in filing written comments must do so by June 26, 2024, and the Company must file any reply comments by July 3, 2024. IT IS FURTHER ORDERED that parties comply with Order No. 35375, issued April 21, 2022. Generally, all pleadings should be filed with the Commission electronically and will be deemed timely filed when received by the Commission Secretary.See Rule 14.02. Service between parties should continue to be accomplished electronically when possible. However, voluminous discovery-related documents may be filed and served on CD-ROM or a USB flash drive. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 161h day of May 2024. ERIC ANDERSON, PRESIDENT 6�R. MMOND JR., COMMISSIONER DWARD LODG/', CCtPM1_SSIONER ATTEST: 1 jj—)-46� M i arri n Commission Secretary II:\Legal\GAS\INT-G-24-02\orders\INTG2402_ntc app mod_dh.docx NOTICE OF PETITION NOTICE OF MODIFIED PROCEDURE ORDER NO. 36181 4