20040803Proposed Rule.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED BY THE
IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-1101-0401
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of
the Idaho Public Utilities Commission s proposed rulemaking. The action is authorized pursuant
to Sections 61-515 , Idaho Code.
PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be
scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 20, 2004. 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 set out below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rule:
The Commission s Safety and Accident Reporting Rules currently adopt by reference several
national safety codes. In particular, Rule 201 adopts the federal safety regulations applicable to
natural gas utilities and pipelines. In December 2003, the U.S. Office of Pipeline Safety (OPS)
amended its safety regulations concerning the operation of pipelines. New OPS safety
regulations require pipeline operators to develop integrity management programs (IMPs) for gas
transmission pipelines at locations where a pipeline leak or rupture could cause potential harm to
the public. IMPs are required for those locations commonly referred to as "high consequence
areas." Under the new federal regulations found at 49 C.R. 9 192., pipeline operators must
perform ongoing assessments of pipeline integrity, implement preventative and mitigated
actions, and repair and remediate pipelines (as necessary). The federal regulations improve data
collection, data analysis, and also set a timeline for performing IMPs. Pipeline operators must
periodically assess their IMPs and report semi-annually to the OPS. The Commission proposes
to adopt these amended federal safety regulations.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , negotiated rulemaking
was not conducted because these proposed rules adopt national federal safety regulations dealing
with pipeline safety.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact Ron
Law, Executive Administrator, at [phone]. Anyone may submit written comments
regarding these proposed rules. All written comments concerning the proposed rules must be
delivered to the Commission Secretary at the address identified below or be postmarked on or
before October 27 2004.
DATED at Boise, Idaho this :21 F day of July, 2004.
~ElI
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, ID 83702-5983
IDAPA 31 TITLE 11 CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULA TED BY THE
IDAHO PUBLIC UTILITIES COMMISSION
RULES 201 THROUGH 300 - TRANSPORT TION OF NATURAL
GAS BY PIPELINES -- LIQUIFIED NATURAL GAS FACILITIES --
TRANSPORT A TION OF HAZARDOUS LIQUIDS BY PIPELINE
Nf1TION~L INTERNATIONAL FUEL GAS CODE -
UNIFORlVl INTERNATIONAL MECHANICAL CODE
201.
201).
FEDERAL REGULATIONS--49 C.R. PARTS 191 , 192, 193, 195 AND 199 (RULE
The Commission adopts by reference Parts 191 , 192, 193 , 195 , and 199, Title 49, the Code of
Federal Regulations (October 1 , 200~, except that federal accident reporting requirements
contained in the rules adopted by reference in Rule 201 are replaced for state reporting purposes
by orders of the Commission or rules of the Commission. These regulations are found in the
Code of Federal Regulations available from the U.S. Government Printing Office
Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954.
The incorporated CFR Parts are also available in electronic format at www.access.gpo.gov/nara
All gas and pipeline corporations subj ect to the Commission s jurisdiction are required to abide
by applicable provisions of these federal regulations adopted by reference.(5 3 03)(