20020722_215.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
JEAN JEWELL
RON LAW
TONY A CLARK
DON HOWELL
DAVE SCHUNKE
RANDY LOBB
BEV BARKER
GENE FADNESS
WORKING FILE
WELDON STUTZMAN
JULY 18, 2002
UPDATING COMMISSION SAFETY AND ACCIDENT REPORTING
RULES TO ADOPT BY REFERENCE LATEST SAFETY CODES AND
REGULATIONS-IDAPA 31-1101-0201.
The Commission Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by
reference several national safety codes and federal gas pipeline safety regulations. Rule 101
adopts the National Electrical Safety Code (NESC) by reference, and the Commission s current
rule adopts the 1997 edition. The newest edition of the NESC was issued in 2002, and includes
clarification for situations between utility workers and their contractors, installations on
industrial complexes, and modifications or additions to definitions for communication lines, fiber
optic cable, supply, readily climbable supporting structures and other terms. Rule 101 should be
updated to adopt by reference the 2002 edition of the NESc.
Rule 201 adopts by reference federal regulations found at 49 c.F., in particular
Parts 191 , 192, 193 , 195 and 199. Rule 201 currently adopts by reference those parts of Title 49
that were effective October 1 , 2000. These parts of Title 49 relate to gas and pipeline
corporations and gas pipeline safety regulations. Staff recommends that Rule 201 be updated to
adopt by reference the version of Parts 191 , 192, 193, 195 and 199 of Title 49 of the Code of
Federal Regulations, effective as of October 1 , 2002.
DECISION MEMORANDUM
Commission Decision
Should Rule 101 and Rule 201 of the Commission s Safety and Accident Reporting
Rules be updated to adopt by reference the current edition of the National Electric Safety Code
and the parts of Title 49 c.F.R. that have changed since October 1 , 2000?
Weldon Stutzman
vldlM:31-IIOI-O201 DecMemo
DECISION MEMORANDUM
101. NATIONAL ELECTRICAL SAFETY CODE (NESC) (Rule 101).
The Commission adopts by reference the ANSI C2-+99-1 2002 National Electrical Safety
Code (NESC), +99-1 2002 Edition and the errata dated September 3 , 1996 . The National
Electric Safety Code, +99-1 2002 Edition, is published by the Institute of Electrical and
Electronics Engineers, Inc., and is available from the Institute of Electrical and
Electronics Engineers, Inc.345 E. 47th Street 3 Park Avenue, New York, NY 100116-
5997 and may be ordered by calling 1-800-678-IEEE. All electrical and telephone
corporations subject to the Commission s jurisdiction are required to abide by applicable
provisions of the NESc. (4 1 98)(
(BREAK IN CONTINUITY OF SECTIONS)
201. FEDERAL REGULATIONS--49 c.F.R. PARTS 191, 192, 193, 195 AND 199
(Rule 201).
The Commission adopts by reference Parts 191, 192, 193 , 195 , and 199, Title 49, the
Code of Federal Regulations (October 1 20002) and Volume 65 Federal Register 54 440
(September 8, 2000), 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, U.S. Government Printing Office
Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA
15250- 7954. The incorporated CFR Parts are also available in electronic format at
www.access.gpo.gov/nara. All gas and pipeline corporations subject to the Commission
jurisdiction are required to abide by applicable provisions of these federal regulations
adopted by reference. (3 30 01)(