20051101Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:OCTOBER 28, 2005
SUBJECT:UPDATING THE COMMISSION'S GAS PIPELINE SAFETY RULE 201,
DOCKET NO. 31-1101-0501
The Commission s Safety and Accident Reporting Rules adopt by reference several
national safety codes including the federal pipeline safety rules in the Code of Federal Regulations
(CFR). In August 2005 , the Commission determined that Gas Pipeline Safety Rule 201 should be
updated to incorporate changes to the pipeline safety regulations issued by the Pipeline and
Hazardous Materials Safety Administration (PHMSA).
The Commission Notice of Proposed Rulemaking was published in the
Administrative Bulletin on October 5, 2005. In its Notice, the Commission proposed to adopt the
updated edition of the CFR as of October 1 , 2005. The Commission s Notice requested that
interested persons submit comments regarding the rulemaking no later than October 26, 2005.
The Commission received one comment.
In a letter dated September 16, 2005, the Legislative Services Office indicated that the
Senate and House Subcommittees for Review of Administrative Rules had examined the proposed
rule change. The letter stated that no "meeting will be held, and we are pleased to report that no
objections will be filed (to the proposed rule).
COMMISSION DECISION:
Does the Commission wish to adopt its Proposed Rules as Pending Rules? Does the
Commission wish to issue a Notice of Pending Rule to be published in the Administrative Bulletin
on January 4, 2006?
II VYz/"
Don Howell
blsfN:31-11O1-0501 DecMemo dh2
IDAPA 31
TITLE
CHAPTER
31.11.01- SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULA TED
BY IDAHO PUBLIC UTILITIES COMMISSION
201. FEDERAL REGULATIONS -- 49 C.R. PARTS 191, 192, 193, 195 AND 199
(RULE 201).
The Commission adopts by reference Parts 191 , 192, 193 , 195 , and 199, Title 49, the Code of
Federal Regulations (October 1 , 20045), 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, P A 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. t4 6 05)(
. )