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HomeMy WebLinkAbout20170822_Brandon1.pdfDECISION MEMORANDUM 1 DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSIONER ANDERSON COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM: BRANDON KARPEN DEPUTY ATTORNEY GENERAL DATE: AUGUST 18, 2017 SUBJECT: UPDATING THE COMMISSION’S SAFETY AND ACCIDENT REPORTING RULES, DOCKET NO. 31-1101-1701 The Commission’s Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by reference several national safety codes applicable to electric, telephone and natural gas utilities and federal safety regulations applicable to natural gas and pipeline utilities. Currently, Rule 201 adopts the October 2014 edition of 49 Code of Federal Regulations (CFR) Parts 191-193, 195 and 199 addressing the construction and operation of natural gas pipelines, and the April 2014 edition of 18 CFR Part 260.9. Staff recommends that the Commission update Rule 201 by adopting the 2017 editions of the CFRs, revised in April and October 2017, respectively. BACKGROUND The Commission’s Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by reference several national safety codes applicable to electric and natural gas utilities and federal safety regulations applicable to natural gas and pipeline utilities. Currently, Rule 201 adopts the October 2014 edition of 49 Code of Federal Regulations (CFR) Parts 191-193, 195 and 199 addressing the construction and operation of natural gas pipelines, and the April 2014 edition of 18 CFR Part 260.9. There have been several minor revisions to the CFRs, including revisions relating to technical requirements of materials, methods, updates to references to technical standards, and other non-substantive editorial corrections. There has also been added rules relating to expanded DECISION MEMORANDUM 2 use of excess flow valves in gas distribution systems. There are no major revisions to the CFRs in question. The proposed updates have been reviewed by the Office of the Governor, and the PUC’s Division of Financial Management (DFM) staff analyst, and both recommend and endorse the proposal. Final approval by the DFM Administrator is pending a return from leave. STAFF RECOMMENDATION Staff recommends that the Commission update its Safety Rules 201 as described above and set out in the attached proposed amendments. Adoption of the current Safety Codes and the CFRs will make these rules consistent with federal safety regulations concerning natural gas and pipeline utilities. The proposed changes should be forwarded to the Administrative Rules Coordinator for publication in the next Administrative Bulletin, pending final DFM approval. COMMISSION DECISION Should Rules 201 of the Commission’s Safety and Accident Reporting Rules be updated by the adoption of the 2017 editions of pipeline safety CFRs? Does the Commission wish to forward these proposed changes to the Administrative Rules Coordinator for publication in the next Administrative Bulletin upon DFM Administrator approval? N:31-1101-1701_Decision Memo_bk