20060817Notice.pdf

IDAPA 31- IDAHO PUBLIC UTILITIES COMMISSION
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES FOR
UTILITIES REGULATED BY THE
IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-1101-0601
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. This action
is authorized pursuant to Section 61-515 , Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 18 , 2006. The hearing site will be accessible to persons with
disabilities. Requests for accommodation must be made not later than five (5) days prior to the
hearing, to the Commission s address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The Commission s Safety and Accident Reporting Rules currently adopt by reference several
national safety codes and federal safety regulations. In particular, Rule 101 currently adopts by
reference the 2002 Edition of the National Electrical Safety Code (NESC) published by the
Institute of Electrical and Electronics Engineers. The Commission is proposing to amend Rule
101 by adopting the 2007 Edition of the NESC. The major revisions included in the 2007
Edition are: steel pole grounding; moving line sag calculations to Section 23; phasing out the
alternative method for calculating load factors and strength factors; requiring the same uniform
radial separation (twelve (12) inches) for supply and communication cables from all lines that
transport flammable materials; requiring phase-to-phase cover-up when guarding against phase-
to-phase contact; and including minimum approach distance tables.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , negotiated rulemaking
was not conducted because this proposed rule adopts an updated national safety code necessary
for the safety of utility employees and the public during the installation, operation, or
maintenance of electric supply and communication lines and associated equipment.
ASSIST ANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Donald L. Howell , II , Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
October 25 , 2006. Persons desiring to comment are encouraged to submit written comments at
their earlier convenience rather than wait until the comment deadline.
DATED this /11 day of August 2006.
~lo~
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5983
IDAPA 31
TITLE
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULA TED
BY IDAHO PUBLIC UTILITIES COMMISSION
101.NATIONAL ELECTRICAL SAFETY CODE (NESC) (RULE 101).
The Commission adopts by reference the American National Standards Institute (ANSIl C2-
200:;?;1 National Electrical Safety Code (NESC), 200:;?;1 Edition. The National Electric Safety
Code, 200:;?;1 Edition, is published by the Institute of Electrical and Electronics Engineers, Inc.
and is available from the Institute of Electrical and Electronics Engineers, Inc., 3 Park Avenue
New York, NY 10016-5997 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. (5 3 03)(
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 31-1101-0601
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.
IDAPA, Title, and Chapter Number and Chapter Name:
31.11.01 - Safety and Accident Reporting Rules
Agency: Idaho Public Utilities Commission
Agency Contact and Phone Number:Don Howell- 334-0312
Legal Authority for rulemaking - Idaho Code Section(s):61-515
This rulemaking is a: (Check at least one; it may be necessary to check more than one.
Negotiated Rulemaking Proposed Rulemaking Temporary/Proposed Rulemaking
Temporary Rulemaking Effective Date of Temporary Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
Protection of the public health, safety, or welfare;
Compliance with deadlines in amendments to governing law or federal programs;
Conferring a benefit.
Pending Rule Date Pending Rule Will Become Effective:
Amendment to Temporary Rule Rescission of Temporary Rule
Correction to Pending Rule Vacation of Rule making-
Does any portion of this rulemaking impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
No.
Does this rulemaking have a negative fiscal impact on the state general fund greater than ten
thousand dollars ($10 000) during the fiscal year?
If yes, include a descriptive summary of the fiscal impact involved.
No.
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
No.
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
Yes. National Electrical Safety Code
HAVE YOU...
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
3. Provided nine hard copies of the Notice of Rulemaking and the text ofthe rule changes to the
Legislative Services Office? Provided one hard copy if Temporary only?
HA VE YOU INCLUDED. . .
1. An approved Proposed/Temporary Administrative Rules Form (P ARF)?
2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3. An 8 1/2 by 11 hard copy of the Notice and the complete text of the rule changes?