20220708Reply Comments.pdf

DAYN HARDIE
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[phone]
IDAHO BAR NO.9917
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorneyfor the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF COMMISSION )STAFF'S FORMAL COMPLAINT )CASE NO.INT-G-22-01CONCERNINGINTERMOUNTAINGAS)COMPANY'S PRACTICE OF ALLOWING )UNQUALIFIEDOPERATORS TO )REPLY COMMENTS OFPERFORMLIVEMETEREXCHANGES)THE COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission ("Staff"),by and through its Attorney
of record,Dayn Hardie,Deputy Attorney General,submits the followingcomments.
BACKGROUND
On April 23,2021,Jesse Urzua ("Urzua")contacted the Commission expressing concern
that he was an unqualified operator who was performing live residential meter exchanges.
Through investigation and self-reporting by the Company,Commission Staff ("Staff")discovered
that the Company had violated pipeline safety requirements by allowing1,847 work orders to be
issued and performed by unqualified operators.
The Company and Staff (collectively,the "Parties")filed a Joint Stipulated Motion to
Approve Settlement and Stipulation and proposed Settlement ("Settlement")entered between Staff
and the Company.
During February and March 2022,the Parties worked together and engaged in multiple
settlement conferences.During those conferences,the Parties discussed the issues concerning the
REPLY COMMENTS 1 JULY 8,2022
Company's practices of allowing unqualified operators to perform live meter exchanges and
possible solutions to prevent future occurrences.The Parties came to mutuallyagreeable terms on
a solution that ensures these issues do not occur again plus interim measures the Company will
incorporate to ensure compliance.Accordingly,the proposed Settlement was produced.
The Settlement proposed an overarching solution that envelopes and revises the
Company's internal practices.The Settlement involves several action items with the highlight
being the revision of the Company's OPS 800 -Operator Qualification Plan.In addition,the
Company agreed to file quarterly safety audit reports to verify the number of safety incidents in
any quarter.The Parties anticipate this process will help the Commission track the Company's
progress and ensure that its newly implemented procedures are reducing the number of safety
violations.The Company committed to implementing several policies,procedures,and plans
throughits departments to not only notify all personnel of safety requirements,but also to update
the training of required personnel to ensure safety compliance.Relevant issues addressed in the
Settlement are summarized below:
STAFF ANALYSIS
After reviewing the charges against the Company and working with the Company to
develop processes and procedures that will help the Company correct the issues that are the crux
of Staff's Complaint,Staff supports the terms of the proposed Settlement and recommends
Commission approval.The proposed Settlement allows the Company to refine its processes while
addressing the issues that led to unqualified operators operating in the field.Staff and the
Company explored options in confidential settlement negotiations to ensure the issues in Staff's
Complaint would be carefully and satisfactorily addressed through the terms of the proposed
Settlement.
During settlement negotiationsthe Parties explored options to track operator qualifications
and required trainings using software.When the proposed Settlement was filed,no such software
was available on the market.While Staff had hoped such software would be available to help
ensure compliance with the conditions agreed to in the Settlement,Staff is confident the steps
agreed to in the Settlement will allow the Company to correct its previous safety violations without
software.Staff notes that the Settlement outlines several steps that ensure the Company's field
operators are properly trained to complete covered tasks.The Company committed to provide
quarterly audits to guarantee its field technicians and apprentices are qualified to do the work they
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are assigned.The Company will compare completed tasks to necessary qualifications for
technicians and apprentices to verify the covered tasks are done by qualified operators.Any
additional violationwill be subject to penalty under Idaho Code §61-712A.To ensure compliance
and continuous improvement,quarterly audits will be provided to the Commission until software
is available or the Company is released from the terms by either completing two consecutive
quarters with zero violations or being released from its obligations by Commission order pursuant
to the terms of the Settlement.
The Company committed to updating and monitoring several of its procedures for covered
tasks to make sure it is measuring its progress.While the proposed Settlement holds the penalties
in abeyance,it does not eliminate them,or the possibility of new fines being imposed if the
Company does not correct its safety violations.Staff is hopeful that this is a case a of "what gets
measured,gets managed"and the Company will eliminate safety violations using the agreed upon
metrics.While the initial intent of the settlement discussions was to find a technology solution,
this is not yet available.Believing that the Company fully intends to correct its past safety
violations and the terms agreed to in the proposed Settlement will help the Company successfully
do this,Staff recommends the Commission approve the Settlement as filed.
STAFF RECOMMENDATION
Staff believes the Settlement it entered with the Company is in the public interest and
represents a fair,just,and reasonable solution to the to the issues raised in the Complaint by
providing the necessary safeguards to ensure the Company's work is performed by qualified
operators.Staff therefore recommends the Settlement as filed.
Respectfullysubmitted this f day of July 2022.
rdie
Deputy Attorney General
i:umisc/comments/intg22.ldh reply comments
REPLY COMMENTS 3 JULY 8,2022
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 8TH DAY OF JULY 2022,SERVED
THE FOREGOING REPLY COMMENTS OF THE COMMISSION STAFF,IN CASE
NO.INT-G-22-01,BY E-MAILING A COPY THEREOF,TO THE FOLLOWING:
LORI BLATTNER PRESTON N CARTER
DIR -REGULATORY AFFAIRS GIVENS PURSLEY LLPINTERMOUNTAINGASCO601WBANNOCKST
PO BOX 7608 BOISE ID 83702
BOISE ID 83707 E-MAIL:[e-mail]
E-MAIL:[e-mail] [e-mail]
SECRETbY
CERTIFICATE OF SERVICE