20171023_Brandon1.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
DATE:OCTOBER 18,2017
SUBJECT:UPDATING THE COMMISSION'S UTILITY SAFETY AND ACCIDENT
REPORTING RULES;IDAPA DOCKET NO.31-1101-1701
On October 4,2017,the Commission caused to be published in the Idaho
Administrative Bulletin a Notice of Proposed Rulemaking for the purpose of updating its Utility
Safety and Accident Reporting Rules (IDAPA 31.11.01).The Commission proposed to update
its Safety Rules by incorporating the most recent editions to the national safety codes applicable
to electric and natural gas utilities,and adopting federal safety regulations applicable to natural
gas and pipeline utilities.In its rulemaking,the Commission proposed to adopt the 2017 updates
of Part 260.9,Title 18;and Parts 191,192,193,195,and 199,Title 49,the Code of Federal
Regulations.The Notice is attached for your review.
The Notice required that interested persons file written comments no later than
October 18,2017.The Commission received no writtencomments.The Commission did receive
a letter from the Legislative Services Office indicating that it considered the proposed
rulemaking within the Commission's authority.Staff has recommended that the Commission
adopt its proposed rules as a pending rule and submit it for legislative review in 2018.
COMMISSION DECISION
Does the Commission wish to adopt the proposed rule as its pending rule?Does the
Commission wish to publish its Notice of Pending Rule in the December 6,2017,edition of the
Administrative Bulletin and submit the pendin at review in 2018?
Deputy AttorneyGeneral
DECISIONMEMORANDUM 1
I \LegafLMEMOS\RULGl701bk doc
IDAPA 31 -IDAHO PUBLIC UTILITIES COMMISSION
31.11.01 -SAFETY AND ACCIDENT REPORTINGRULES FOR UTILITIESREGULATEDBYTHEIDAHOPUBLICUTILITIESCOMMISSION
DOCKETNO.31-1101-1701
NOTICEOF RULEMAKING-PROPOSED RULE
AUTHORITY:In compliance with Section 67-5221(1),Idaho Code,notice is hereby given that the Idaho PublicUtilitiesCommissionhasinitiatedproposedrulemakingprocedures.This action is authorized pursuant to Section 61-
515,Idaho Code.
PUBLIC HEARING SCHEDULE:Public hearing(s)concerning this rutemaking will be scheduled if requested inwritingbytwenty-five(25)persons,a political subdivision,or an agency,not later than October 18,2017.
The hearing site(s)will be accessible to persons with disabilities.Requests for accommodation must be made notlaterthanfive(5)days priorto the hearing,to the agency address below
DESCRIPTIVE SUMMARY:The following is a nontechnical explanation of the substance and purpose of theproposedrulemaking:
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 editionof18CFRPart260.9.
Since the publication of those editions,there have been several minor updates and revisions to the safety codes,including amendments relating to the technical requirements of materials,installation methods and use,updated
references to technical standards,and other non-substantive editorial corrections.There has also been added rulesrelatingtoexpandeduseofexcessflowvalvesingasdistributionsystems.There are no major revisions to the codesinquestion.
FEE SUMMARY:There are no fees associated with this proposed rulemaking.
FISCAL IMPACT:There is no fiscal impact on the state general fund resulting from this rulemaking.
NEGOTIATED RULEMAKING:Pursuant to Section 67-5220(2),Idaho Code,negotiated rulemaking was not
conducted because this proposed rule adopts updated national safety codes and federal regulations necessary for the
safety of utility employees and the public during the installation,operation,or maintenance of natural gas pipelines,
fuel gas systems and natural gas-fired appliances.
INCORPORATION BY REFERENCE:Pursuant to Section 67-5229(2),Idaho Code,the following is a brief
synopsis of why the materials cited are being incorporated by reference into this rule:
Adoption of the current national safety codes and the CFRs will make these rules consistent with federal safetyregulationsconcerningnaturalgasandpipelineutilities.In addition,incorporation of the two other national safetycodeswillpromotethesafetyofutilityemployees,utility customers,and the public.Finally,incorporation byreferencewillmitigatetheneedtopublishhundredsofpagesofsafetycodes,
ASSISTANCE ON TECHNICAL QUESTIONS,SUBMISSIONOF WRITTEN COMMENTS:For assistance
on technical questions concerning the proposed rule,contact Brandon Karpen,Deputy Attorney General,at (208)
334-0357.
Anyone may submit written comments regarding this proposed rulemaking.All written comments must bedirectedtotheCommissionSecretaryandmustbedeliveredonorbeforeOctober25,2017.Persons desiring to
comment are encouraged to submit written comments at their earliest convenience rather than wait until the commentdeadline.
Idaho AdministrativeBulletin Page 458 October 4,2017-Vol.17-10
IDAHO PUBLIC UTILITIESCOMMISSION Docket No.31-1101-1701Safety&Accident Reporting Rules for Utilities Regulated by IPUC Proposed Rulernaking
DATED this 29th day ofAugust,2017.
Diane M.Hanian,Commission Secretary Street address forexpress delivery:Idaho Public Utilities Commission 472 W.Washington
PO Box 83720 Boise,Idaho 83702-5918
Boise,ID 83720-0074 Phone:[phone] /Fax:[phone]
THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO.31-1101-1701(OnlyThose Sections With Amendments Are Shown.)
201.FEDERALNATURAL GAS SAFETY REGULATIONS(RULE 201).The Commission incorporates by reference Part 260.9,Title 18 (April 1,2014 )and Parts 191,192,193,195,and
199,Title 49,the Code of Federal Regulations (October 1,2014 ),except that federal accident reporting
requirements contained in the rules adopted by reference in Rule 201 are replaced for state reporting purposes byordersoftheCommissionorrulesoftheCommission.These regulations are found in the Code of FederalRegulations,available on the web from the U.S.Government Bookstore,http:bookstore.gpo.gov,and click on
"Code of Federal Regulations,"or by calling toll-free 866-512-1800.The incorporated CFR Parts are also availableinelectronicformatathttps:www.gpo.gov fdsys.All gas and pipeline corporations subject to the Commission'sjurisdictionarerequiredtoabidebyapplicableprovisionsofthesefederalregulationsadoptedbyreference.
Idaho AdministrativeBulletin Page 459 October 4,2017--Vol.17-10