20041108Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FRO M:DON HOWELL
ATE:NOVEMBER 4, 2004
RE:UPDATING THE COMMISSION'S SAFETY AND ACCIDENT REPORTING
RULE 201, IDAPA DOCKET NO. 31-1101-0401 (CASE NO. RUL-04-
In July 2004, the Commission caused to be published in the Idaho Administrative
Bulletin a Notice that it intended to amend its Safety and Accident Reporting Rule 201 , IDAPA
31.11.01.201. In its Notice, the Commission proposed to adopt the updated edition of the Code
of Federal Regulations (CFR) and specifically the U.S. Office of Pipeline Safety (OPS)
amendments to the federal gas pipeline safety regulations. In December 2003, OPS amended its
safety regulations to require each pipeline operator to develop "integrity management programs
for locations designated as "high consequence areas" where a pipeline leak or rupture could
cause potential harm to the public. 49 C.R. ~ 192.95.
The Commission proposed to adopt these updated gas and pipeline safety regulations
by adopting the 2004 edition of the CFR, dated October 1 , 2004.
The Commission s Notice was published in the Administrative Bulletin on October 6
2004. Public comments were to be submitted to the Commission no later than October 27, 2004.
No public comments were received. In a letter dated August 23 , 2004, the Legislative Services
Office did indicate that the Senate and House Subcommittees for Review of Administrative
Rules did examine the proposed changes. The letter stated that no "meeting will be held, and we
are pleased to report that no objections will be filed (to the proposed rules)." The proposed
amendment to Rule 201 is attached for your consideration.
DECISION MEMORANDUM
COMMISSION DECISION
Does the Commission wish to adopt the proposed rule as a pending rule?
Does the Commission wish to issue a Notice of Pending Rule to be published in the
Administrative Bulletin on January 5, 2005?
Don Howell
Vld/M:31-1101-0401 dh dm
DECISION MEMORANDUM
IDAPA 31 TITLE 11 CHAPTER 01
31.11.01- SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED BY THE
IDAHO PUBLIC UTILITIES COMMISSION
RULES 201 THROUGH 300 - TRANSPORTATION OF NATURAL
GAS BY PIPELINES -- LIQUIFIED NATURAL GAS FACILITIES --
TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE-
NATIONAL INTERNATIONAL FUEL GAS CODE -
UNIFORlVI 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 , 200~11, 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 subject to the Commission s jurisdiction are required to abide
by applicable provisions of these federal regulations adopted by reference.(5 3 03)(