HomeMy WebLinkAbout20050419Notice of Negotiated Rulemaking.pdfIDAP A 31 - PUBLIC UTILITIES COMMISSION
31.61.01 - RULES FOR THE MEASUREMENT OF
STRAY CURRENT OR VOLTAGE
(THE STRAY VOLTAGE RULES)
DOCKET NO. 31-6101-0501
NOTICE OF INTENT TO PROMULGATE RULES
NEGOTIATED RULEMAKING
AUTHORITY: In compliance with Sections 67-5220(1) and 67-5220(2), Idaho Code, notice is
hereby given that the COIYllnission intends to promulgate rules and to initiate infoffilal
rulemaking procedures. This negotiated rulernaking action is authorized pursuant to Sections 61-
803, Idaho Code.
WORKSHOP SCHEDULE: The Commission s Staff will conduct a public workshop for the
purpose of discussing draft rules that address the uniform procedures and protocols to be used for
the measurement of stray current or voltage in proximity to dairy cows. The public workshop
will convene on June 7 2005 at 9:30 a.m. MST in the Commission s Hearing Room, 472 West
Vashington Street, Boise, Idaho. Persons needing the assistance of a sign language interpreter
or other assistance must contact the Commission Secretary no later than May 31 , 2005 as set out
at the end of this notice.
METHOD OF PARTICIPATION: Persons wishing to participate in the informal negotiated
rulemaking must do the following:
All interested persons may participate in the negotiated rulemaking workshop. The purpose of
the informal workshop is to facilitate negotiated rulemaking in which all interested persons seek
consensus on the content of temporary and proposed rules. Section 61-803, Idaho Code, requires
that the Commission promulgate temporary rules and proposed rules no later than September 28
2005. Persons interested in participating in the negotiated rulemaking workshop may obtain a
copy of the draft rules by writing, calling or e-mailing the Commission Secretary after May 24
2005. The Commission Secretary s contact information is contained at the end of this notice.
DESCRIPTIVE SUMMARY: The following is a statement in nontechnical language of the
substance and purpose of the intended negotiated rulemaking and the principle issues involved:
In March 2005, the Idaho Legislature passed and the Governor signed the Stay Current and
Voltage Remediation Act. 2005 Idaho Sess. Laws, Chpt. 189. The purpose of the Act is to
provide for the safe and efficient availability of electricity by electric public utilities while at the
same time address complaints regarding the effects of stray current or voltage on dairy cows.
The Act is effective March 28 2005.
Stray voltage" is a natural phenomenon that can be found at low levels in areas where electricity
is grounded. All electrical systems - including a dairy producer s on-farm system and a utility
distribution system - must be grounded to the earth as required by various safety codes to ensure
continuous safety and reliability. Inevitability, some current flows through the earth at each
point where the electrical system is grounded and a small voltage develops. When a portion of
this voltage is measured between two objects that may be simultaneously contacted by a dairy
cow, it is frequently called "stray voltage.Stray voltage is not electrocution and is not direct
current, ground currents, electromagnetic fields (EMFs), or earth currents.
The Commission rules will include comprehensive testing procedures and forms for
investigators to use when gathering voltage data. These forms will require the use of a number
of tests and the collection of a wide variety of data. The ultimate goal is to obtain accurate
measurements of the voltage level a dairy cow may be subject to in its normal environment and
identify the possible sources of the stray voltage so that remedial actions, if necessary, can be
taken.
Section 61-803 , Idaho Code, requires that the Commission promulgate temporary and proposed
rules establishing uniform procedures and protocols for the measurement of stray current or
voltage. This statute further provides that the Commission s rules shall be applicable to dairy
producers, public utilities, and all persons or entities "involved in any way in the measurement or
remediation of stray current or voltage in this state." Any measurement of stray current or
voltage not made in compliance with Commission rules shall be inadmissible before the
Commission or in any civil action in an Idaho court of law.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS, OBTAINING COPIES: For assistance on technical questions concerning this
negotiated rulemaking contact Kira Dale Pfisterer, Deputy Attorney General, at (208) 334-0314.
A copy of the draft rules to be discussed during the negotiated workshop may be obtained from
the Commission Secretary after May 24, 2005. The deadline for submitting written comments
regarding the proposed rules will be scheduled later.
DATED at Boise, Idaho this day of April 2005.
J ea . Jewell, C mission Secretary
Ida 0 Public Utilities Commission
PO Box 83720
Boise, ill 83720-0074
Telephone: (208) 334-0338
Facsimile: (208) 334-3762
E-mail: secretary(illpuc.idaho.gov
Street address for express delivery:
472 W. Washington
Boise, Idaho 83702-5983