I202413 NOPV

Idaho Public Utilities Commission Brad Little,Governor
P.O. Box 83720,Boise,ID 83720.0074 Eric Anderson,President
John R.Hammond,Jr,Commissioner
Edward Lodge,Commissioner
September 10, 2024 Report#I202413
Pat Darras—Vice President of Engineering& Operations Services
Intermountain Gas Company
400 N 41h St.
Bismarck, ND 58501
Dear Mr. Pat Darras:
On September 5, 2024, the Idaho Public Utilities Commission ("Commission"), Pipeline Safety
Division("Staff'), conducted a construction inspection in Meridian, Idaho on service line number
413-51534 of Intermountain Gas Company ("IGC") pursuant to Chapter 601 of Title 49, United
States Code.
Staff observed that some of the Idaho natural gas system(s) owned and operated by IGC
("Company") was out of compliance on item(s). This results in probable violations of the pipeline
safety regulations Title 49, Code of Federal Regulations, Part 192. The probable violations are as
follows:
PROBABLE VIOLATIONS)
1. 49 CFR §192.605 Procedural manual for operations, maintenance, and
emergencies.
(a)GeneraL Each operator shall prepare and follow for each pipeline, a manual of
written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include procedures
for handling abnormal operations. This manual must be reviewed and updated by the
operator at intervals not exceeding 15 months,but at least once each calendar year.This
manual must be prepared before operations of a pipeline system commence.
Appropriate parts of the manual must be kept at locations where operations and
maintenance activities are conducted.
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2. OPS 611 Line Locating and Markin
2 LOCATING AND MARKING
2.1 Underground facilities within the area of proposed excavation shall be located
within reasonable accuracy per the requirements of state dig law.
2.5 Facilities shall be clearly marked using one of the following methods, taking
into consideration site conditions and weather:
2.5.1 Paint
2.5.2 Stakes/Flags/Whisker Nail - Where paint is not sufficient, line
marking shall be in the form of stakes, flags, or whisker nail.
2.5.3 Offset Marks - If marks cannot be placed directly above the facility,
the locator may use offset marks and indicate the direction and
dimension of the actual facility location at the offset location.
3. Idaho Statute: 55-2205 (2)
(2) Upon receipt of the notice provided for in this section, the underground facility
owner or the owner's agent shall locate and mark its locatable underground facilities
with reasonable accuracy, as defined in section 55-2202, Idaho Code, by surface-
marking the location of the facilities. If there are identified but unlocatable underground
facilities, the owner of such facilities or the owner's agent shall locate and mark the
underground facilities in accordance with the best information available to the owner
of the underground facilities. The owner of the underground facility or the owner's
agent providing the information shall respond no later than two (2) business days after
the receipt of the notice or before the excavation time set forth in the excavator's notice,
at the option of the underground facility owner, unless otherwise agreed in writing by
the parties. Excavators shall not excavate until all known facilities have been marked.
Once marked by the owner of the underground facility, or the owner's agent, the
excavator is responsible for maintaining the markings. Unless otherwise agreed in
writing by the parties, maintained markings shall be valid for purposes of the notified
excavation for a period of no longer than four(4) consecutive weeks following the date
of notification as long as it is reasonably apparent that site conditions have not changed
so substantially as to invalidate the markings. If excavation has not commenced within
three (3) weeks from the original notice to underground facility owners through the
one-number notification service,the excavator shall reinitiate notice in accordance with
this section.
4. Idaho Statute: 55-2205 (5)
(5) If the excavator, while performing the excavation, discovers underground facilities
(whether active or abandoned)that are not identified or were not located in accordance
with subsection (2) of this section, the excavator shall cease excavating in the vicinity
of the facility and immediately notify the owner or operator of such facilities, or the
one-number notification service. The excavator shall have the right to receive
compensation from the underground facility owner for standby cost(based on standby
rates made publicly available) incurred as a result of waiting for the underground
facility owner or the owner's agent to arrive at the work site to identify the unidentified
facilities and provided that if the underground facility owner or the owner's agent
supplies the locate information required under subsection (2) of this section within
eight(8)hours of the time that the excavator notifies the underground facility owner of
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facilities not previously located, the excavator's compensation for delay of the
excavation project shall be limited to actual costs or two thousand dollars ($2,000),
whichever is less.
5. Idaho Statute: 55-2207 (2)
(2) An excavator shall use reasonable care to avoid damaging underground
facilities. An excavator shall:
(a) Determine by hand digging, in the area twenty-four(24) inches or less from
the facilities, the precise actual location of underground facilities that have been
marked;
Finding(s)•
An IPUC inspector observed a Das-Co crew hand digging a trench in the immediate vicinity of
live power. The crew had a valid dig ticket,however no visible markings or flags were in the area.
While attempting to locate the gas service,the crew damaged a communication conduit(unknown
if the communication conduit was live).
Per Idaho Statute 55-2205 (2), 55-2205 (5), 55-2207 (2), and MDU OPS 611 Section 2.1 and 2.5;
all underground facilities shall be located and marked prior to commencing excavation.
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REQUESTED ACTIONS
A reply to this correspondence is required no later than 45 days from the date of this letter. Please
submit a written reply providing a statement of all relevant facts including a complete description
of the corrective action(s) taken with respect to the above referenced probable violations, and all
actions to be taken to prevent future failures in these areas of concern. This written reply must be
signed by a Company official with authority to bind the Company.
Please send all documents to our office at 11331 W. Chinden Blvd, Boise, Idaho 83714-1021. Be
advised that all material you submit in response to this enforcement action may be a public record
and subject to disclosure under Idaho's Public Records Law. See Idaho Code §§74-101 et seq.
If you wish to dispute any of the above referenced potential violations,you have the right to appear
before the Pipeline Safety Division in an informal conference before October 25, 2024, at the
above address. You have the right to present relevant documents and evidence to the Pipeline
Safety Division at that conference. The Pipeline Safety Division will make available to you any
evidence which indicates that you may have violated the law, and you will have the opportunity to
rebut this evidence. See Commission Orders 35095 and 35334, which can be found at
https://puc.idaho.gov/. If you intend to request an informal conference,please contact the Pipeline
Safety Division no later than October 10, 2024.
If you wish to dispute any of the allegations in this Notice,but do not want an informal conference,
you may send the Pipeline Safety Division a written reply to this Notice. This written reply must
be filed with the Commission on or before October 25, 2024, and must be signed by a Company
official with authority to bind the Company. The reply must include a complete statement of all
relevant facts, and all documentation, evidence, and argument the Company submits to refute any
of the above referenced probable violations.
These violations may be subject to any Commission enforcement action as allowed under Idaho
law including, but not limited to, potential civil penalties of up to two hundred thousand dollars
($200,000). See Idaho Code §61-712A.
If you have any questions concerning this Notice,please contact me at(208) 334-0333. All written
responses should be addressed to me at the above address, or you may fax your response to (208)
334-3762.
We appreciate your attention to this matter and your effort to promote pipeline safety.
Sincerely,
l�
Jeff Brooks
Pipeline Safety, Program Manager
Idaho Public Utilities Commission
11331 W.Chinden Blvd.Ste 201-A Boise ID 83714
Telephone:[phone] Facsimile:[phone]
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