20090721Notice of Rulemaking, Proposed 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. 31-1101-0901 R U L - 6" - () 9 -- I
NOTICE OF RULEMAKNG - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. This action
is authorized pursuant to Section 61-515, Idaho Code.
PUBLIC HEARNG SCHEDULE: Public hearng(s) concernng ths rulemaking wil be
scheduled if requested in wrting by twenty-five (25) persons, a political subdivision, or an
agency, not later than September 16, 2009. 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
hearng, to the Commission's address below.
DESCRIPTIVE SUMMARY: The following is a non-techncal explanation of the substance
and purose of the proposed rulemakng:
The Commission's Safety and Accident Reporting Rules curently adopt by reference several
national safety codes and federal safety regulations. In paricular, Rules 202 and 203 curently
adopt by incorporation the 2006 Editions of the International Fuel Gas Code and the
International Mechanical Code, respectively. The Commission is proposing to update its Rules
202 and 203 by adoption of the 2009 Editions. Revisions in the 2009 International Fuel Gas
Code include: Section 303.6 (gas-fired appliances instaled outdoors); Section 306 (access to gas
appliances); Section 310 (electrical bonding for corrgated stainless steel tubing); Table
402.4(13) (sizing for corrgated stainless steel tubing); Section 404 (prohibited locations for gas
piping); Section 409.5 (appliance shut-off valves); Section 411.13 (maximum length, minimum
size and prohibited locations of appliance connectors); Section 503.7-.8 (venting requirements);
and Sections 623.7 and 627 (clearances for gas-fired cook tops and air conditioners). Revisions
to the 2009 International Mechanical Code include: Sections 303.5 and 304.4 (restrictions on gas
appliance locations); Section 306 (access to gas appliances); Section 403 and Table 403.3
(mechanical ventilation rates); Section 501 (exhaust systems); and Section 504 (gas clothes drer
exhaust requirement).
The Commission is also proposing to amend Rule 201 to adopt certain provisions of the 2009
Code of Federal Regulations (CFRs) dealing with pipeline safety regulations found at 18 C.F.R.
Section 260.9 and 49 C.F.R. Pars 191-193, 195 and 199. Changes from the 2007 CFRs include:
operating certain gas transmission pipelines at higher pressures, 73 Fed.Reg. 62148 (Oct. 17,
2008); design factors and pressure limits for natural gas pipelines made from new Polyamide-II
thermoplastic pipe, 72 Fed.Reg. 79002 (Dec. 24, 2008); and updated administrative procedures
from the Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006, 73
Fed.Reg. 16526 (March 28, 2008).
The Commission is also proposing changes to Rules 301 and 302 that would require utilties to
submit wrtten accident reports within twenty-one (21) days when they sustain damage Jo their
facilities in excess of $200,000 or when a member of the public incurs property damage in
excess of $200,000 as a result of contact with utilty operating property. Damage resulting from
motor vehicle accidents is exempt from the damage reporting rule. Finally, the Commission is
proposing to make several housekeeping corrections to its Safety and Accident Reporting Rules
regarding street addresses, telephone numbers, e-mail addresses, and citations to other
authorities.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impact on the state general fud resulting from this
ruemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
ruemaking was not conducted because this proposed rule adopts updated national safety codes
and federal regulations necessary for the safety of utilty employees and the public during the
installation, operation, or maintenance of natural gas pipelines, fuel gas systems and natural gas-
fired appliances.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
Anyone may submit wrtten comments regarding this proposed rulemaking. All wrtten
comments must be directed to the Commission Secretary and must be delivered on or before
September 23,2009. Persons desiring to comment are encouraged to submit wrtten comments
at their earliest convenience rather than wait until the comment deadline.
trDATED this:1. day of July 2009.
~-LlAJe1 ~
C ission Secreta
Idaho Public Utilties Commission
PO Box 83720
Boise,ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA 31
TITLE 11
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
000. LEGAL AUTHORITY (RULE 0).
These rules adoptff by reference national safety codes and requir~ the reporting of certin
accidents are adopted under the general authority of the Public Utilties Law, Chapters 1 through
7, Title 61, Idaho Code, and under the specific authority of Sections 61-515 and 61-517, IdahoCode. ~
(BREAK IN CONTINUITY OF SECTIONS)
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Notes of telephone reports required by Rule 301 and written reports required by Rule 302 are
public records subject to inspection, examination and copying. Further investigative reports by
the Commission or the Commission Staff are investigatory records exempt from disclosure. See
Sections 9-337(4.2) and 9-340B, Idaho Code. Reports required by these rules and the results of
further investigations by the Commission are by statute prohibited from admission into evidence
in any action for damages based on or arising out of the loss of life or injur to the person or
property. See Section 61-517, Idaho Code. (4 5 OO)L-
005. DEFINITIONS (RULE 5).
01. Utilties. The terms "electrical corporation," "gas corporation," "pipeline
corporation," "telephone corporation," and "water corporation" have the meanings given to them
by statute in Chapter 1, Title 61, Idaho Code,; orders of the Idaho Public Utilties Commission,;
and decisions of the Idaho Supreme Court of Idaho construing these statutes. (4 2 08)L-
02. Serious Damage. Damage to natural gas facilties caused by a natural disaster or
terrorism that results in a loss of or reduction in pipeline throughput or storage deliverabilty.
(4-2-08)
03. Serious Interruption of Service. Interrptions of natural gas pipeline service to
communities, major governental installations, and large industrial plants outside of
communities or any other interrption that is significant in the judgment of the natual gas
pipeline. Interrptions of less than three (3) hours or planed maintenance outages need not bereported. (4-2-08)
(BREAK IN CONTINUITY OF SECTIONS)
201. FEDERAL NATURAL GAS SAFETY REGULATIONS (RULE 201).
The Commission incorporates by reference Part 260.9, Title 18 (April 1, 200+2) and Pars 191,
192, 193, 195, and 199, Title 49, the Code of Federal Regulations (October i, 200+2), except
that federal accident reporting requirements contained in the rules adopted by reference in Rule
201 are replaced for state reporting puroses 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. Governent 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 ww.gpoaccess.gov/nara. All gas and pipeline corporations subject to the
Commission's jursdiction are required to abide by applicable provisions of these federal
regulations adopted by reference. (4 2 08)L-
202. INTERNATIONAL FUEL GAS CODE (IFGA) (RULE 202).
01. Incorporation by Reference. The Commission incorporates by reference the
International Fuel Gas Code, 20062 Edition except for Par 2 of Chapter 1. The International
Fuel Gas Code is published by the International Code Council, 3-,200 New Jersey Avenue, NW,
6th Floor, Washington D.C. 20001-2070. The Code is available from the Code Council and may
be ordered online at ww.iccsafe.org. Telephone orders may be placed by callng toll-free 800-786-4452. (4 2 08)L-
02. Utilty Compliance. All gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the International Fuel Gas Code
and to connect for service and light only those installations that: (3-20-04)
a. Have been inspected and approved by authorized agencies; or (4-1-98)
b. When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the International Fuel Gas Code as a condition of receiving service orcontinuing to receive service. (3-20-04)
203. INTERNATIONAL MECHANICAL CODE (IMC) (RULE 203).
01. Incorporation by Reference. The Commission incorporates by reference those
portions of the 20062 International Mechanical Code explicitly referring to gas or gas-buring
appliances except Par 2 of Chapter 1. The International Mechanical Code is published by the
International Code Council, 3-,200 New Jersey Avenue, NW, 6th Floor, Washington D.C. 20001-
2070 and may be ordered by callng toll-free 800-786-4452 or online at ww.iccsafe.org. ~
02. Utilty Compliance. Gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the International Mechanical Code
and to connect for service and light only those installations that: (3-20-04)
a. Have been inspected and approved by authorized agencies; or (4-1-98)
b. When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the International Mechanical Code as a condition of receiving service or
continuing to receive service. (3-20-04)
(BREAK IN CONTINUITY OF SECTIONS)
301. IMMEDIATE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS
AND MAJOR NATURAL GAS INTERRUPTIONS (RULE 301).
01. Fatality and AeeideBt Hospitalization Reporting. Whenever any employee of an
electrical corporation, gas corporation, pipeline corporation, telephone corporation, or water
corporation or any member of the public dies or requires in-patient hospitalization as a result of
contact with or proximity to utilty operating property, the utilty must notify the Commission by
telephone of the fatality or hospitalization no later than the first business day following discovery
of the fatality or reporting of the hospitalization, except as provided in Subsection
31.11.01.301.02. Reports should be made to the Commission Secretary at [phone]. (4 2 08)L-
02. Property Accident Reporting. Whenever an electrical corporation, gas
corporation, pipeline corporation, telephone corporation, or water corporation or any member of
the public suffers property damage in excess of $200,000 as a result of contact with or proximity
to utilty operating property, the utility shall fie a written report with the Commission, except as
provided in Subsection 31.1 1.01.301.03. Reports shall be made to the Commission Secretary at(208) 334-0338. L-
oi~. Operating Propert -- Automobile Motor Vehicle Accident Exception. As used
in this rule, operating property means electric plant as defined in Section 61-118, Idaho Code,
gas plant as defined in Section 61-116, Idaho Code, pipelines as defined in Section 61-114, Idaho
Code, telephone line as defined in Section 61-120, Idaho Code, or water systems as defined in
Section 61-124, Idaho Code. This reporting rule does not apply to fatalities, hospitalization, and
property damage arsing out of automobile motor vehicle accidents, even if the automobile later
comes into contact with utilty plant. Office buildings or portions of office buildings not
associated with the physical delivery of utilty services or commodities are not considered
operating property. (4 1 98)L-
O~. Major Service Interruptions or Damage to Natural Gas Pipelines. The
Commission incorporates by reference Section 260.9, Title 18, the Code of Federal Regulations
(April 1, 2007). Every natural gas corporation must report serious damage to natual gas facilties
and serious interrptions of service to the Commission. Natual gas corporations should also
report other serious damage not caused by natural disaster or terrorism if such damages create
the potential for serious delivery problems on its own system or the pipeline grid. (4 2 08)L-
302. WRITTEN REPORTING OF ACCIDENTS AND NATURAL GAS
INTERRUPTIONS (RULE 302).
01. Reportng Required. In addition to any telephone reporting required under Rule
301, a written report shall be submitted for: (4-2-08)
a. Every accident involving an employee of the utility or member of the public that
results in a fatality or in-patient hospitalization; (4-2-08)
b. Any other accident the utilty finds significant; or (4-2-08)
£: Propert damage to utility plant or non-utility property in excess of $200,000; or
L-
e.!. Serious damage or service interrption of natural gas pipelines. (4 2 08)L.
02. Submitting the Written Report. All wrtten reports Ðm shall be submitted to the
Commission within twenty-one (21) days after the fatality.1 or injur hospitalization or damage is
discovered. Reports regarding serious damage or service interrption shall be submitted at the
earliest feasible time. Reports should be mailed to: (4 2 08)L-
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
POBOX 83720
BOISE ID 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE ID 83702-59&3~
Copies of such reports may also be provided by facsimile at [phone] or by electronic mail
to secretary~puc.state.id.us secretary(ipuc.idaho.gov. (5 3 03)L-
03. Contents of Written Accident Report. There is no stadard form for written
reports prescribed by this rule. Gas companies may fie copies of reports submitted to federal
regulators under 49 C.F.R. Par 191. All reports submitted Ðm shall contain the followinginformation: (4 2 08)L-
a. Name ofperson(s) involved in the accident; (7-1-93)
b. Status of persons involved in the accident (e.g., employees, children, contractors,
etc.);(7-1-93)
c. Time of day, day of the week and month, and location of the accident or discovery
of the accident; (4-2-08)
d. Description of the accident, the extent of property damage, and events leading up tothe accident; ai (4 2 08)L.
£: The scope of service interrption (if any) and the duration of service interrption;
and L-
ef. The company name, contact person, e-mail address and direct telephone number ofthe reporting offciaL. (4 2 08)L-
04. Contents of Written Report Involving Damage or Interruption to Natural Gas
Facilties. All written reports shall provide the following information: (4-2-08)
a. The location and cause of the service interrption or damage to natural gas pipeline
or storage facilities; (4-2-08)
b. The nature of the serious damage to pipeline or storage facility; (4-2-08)
c. The specific identification and location of any facilties damaged; (4-2-08)
d. The time the service interrption or damage to facilties occured; (4-2-08)
e. The customers affected by the interrption of service or damage to facilties;
(4-2-08)
f. A brief description of emergency actions taken to maintain service; (4-2-08)
g. An estimate of the time (if available) when pipeline throughput or storage
deliverables are expected to be restored; and (4-2-08)
h. The company name, contact person, e-mail address and direct telephone number ofthe reporting officiaL. (4 2 08)L.