20020520Order No 29030.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE PETITION FILED BY INTERMOUNTAIN GAS COMPANY FOR AN EXEMPTION FROM THE COMMISSION’S GAS SERVICE RULE 102, IDAPA 31.31.01.102. )
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CASE NO. INT-G-02-1

ORDER NO. 29030

On January 11, 2002, Intermountain Gas Company filed a Petition with the Commission seeking an exemption from the Commission’s Gas Service Rule 102, IDAPA 31.31.01.102. In particular, Rule 102 requires all natural gas utilities to inspect a customer’s installation of a gas appliance before connecting the gas meter. The Company requested that in those instances where the customer’s installation has been inspected and approved by an authorized inspection agency (state/city/county), that the Company be allowed to forego the “redundant” inspection. In its Petition, the Company asserted that eliminating the redundant inspection would reduce costs and improve customer service by eliminating the requirement for dual inspections in those instances when a governmental agency conducts inspections regarding the installation of gas appliances. On March 27, 2002, the Commission issued Order No. 28982 granting Intermountain Gas the requested exemption.
On April 17, 2002, the Cities of Boise, Nampa and Pocatello all timely petitioned for reconsideration. In particular, Boise City’s Petition noted that many cities “including Boise City [plan] to adopt the International Mechanical Code after state legislation goes into effect in July.” Boise observed that this may “cause problems and conflicts in the future because [cities] will be inspecting to a different code standard” than Intermountain Gas. Pursuant to Commission safety rules, natural gas utilities must comply with safety standards set out in the Uniform Mechanical Code. IDAPA 31.11.01.203. House Bill 586 effective July 1, 2002, provides that the Idaho Division of Building Safety and cities that issue building permits must adopt the International Mechanical Code. HB 586 (codified at Idaho Code §§ 39-4109 and 39-4116).
After discussions with Intermountain Gas, the Cities subsequently withdrew their Petitions for Reconsideration. In particular, the City of Nampa noted in its withdrawal that Intermountain Gas has committed to work with Idaho cities to promote the adoption of a single mechanical code within the State. Withdrawal at 1.
Pursuant to the Commission’s Procedural Rule 68, the withdrawal of a pleading is effective 14 days after filing the notice of withdrawal. Once a party has withdrawn its petition for reconsideration, the matter is moot. IDAPA 31.01.01.068.
FINDINGS
Because the Cities have withdrawn their Petitions for Reconsideration, we find there is no reason to reconsider our prior Order No. 28982. We find that the Cities’ notice to withdraw their petitions is effective 14 days after filing. IDAPA 31.01.01.068.
Although there is no reason for us to reconsider our prior Order, we recognize that adoption of House Bill 586 may result in cities adopting the International Mechanical Code. Given Boise City’s statement that many local jurisdictions intend to adopt the International Mechanical Code, we urge the Staff and our gas utilities to monitor local efforts to adopt new safety codes.
O R D E R
IT IS HEREBY ORDERED that the Petitions for Reconsideration filed in this case are withdrawn. Consequently, no further action is necessary.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of May 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

bls/O:INTG0201_dh3

The International Mechanical Code and the Uniform Mechanical Code are both issued by the International Conference of Building Officials (ICBO). The ICBO has recently joined with other code promulgating entities to form the International Code Council (ICC).

ORDER NO. 29030 1

Office of the Secretary
Service Date
May 20, 2002