20090824LSO Memo.pdf

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Jeff Youtz
Director
Legislative Services Offce
Idaho State Legislatue
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Germane Subcommittees for Administrative Rules Review of the Senaté:1id 0..:;House of Representatives State Affairs Committees
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FROM:Research and Legislation Staf, Nugent \''~ tJ R UL-C -0 e¡ -0 I
DATE:August 21, 2009
SUBJECT: Three Sets of Proposed Rules ofthe Public Utilities Commission:
IDAPA 31.1 1.01 - Safety & Accident Reporting Rules for Utilties Regulated by the
Idaho Public Utilties Commission (Docket #31.1101-0901);
3 1 .21.01 - Customer Relations Rules for Gas, Electric & Water Public
Utilities Reguated by the Idaho Public Utilities Commission (The
Utility Customer Relations Rules) (Docket #31-2101-0901);
31.21.02 - Information to Customers of Gas, Electric & Water Public
Utilities (Docket #31-2102-0901) (Chapter Repeal).
The Public Utilities Commission is proposing to promulgate three sets of proposed rules. One set
deals with safety and accident reporting rules for utilities regulated by the Commission, one with
customer relations rules for gas, electrc and water public utilties regulated by the commission
and one with information to customers of gas, electric and water public utilties.
The accident reporting rules incorporate 2009 changes to the International Fuel Gas Code and the
International Fuel Gas Code. The Commission is also proposing to adopt 2009 Federal
Regulations dealing with pipeline safety. The Commission is also proposing to amend its
rules relating to reporting accidents. The proposed changes would require utilties to submit
written accident reports within twenty-one (21) days from when they sustain damage to their
facilties in excess of $200,000 or when a member of the public incurs propert damages in
excess of $200,000 as a result of contact with utilty operating propert. Damage resulting from
motor vehicle accidents is exempt from the damage reporting rule.
The customer relations rules proposed to relocate three rules to a different portion of the
administrative code. These rules also posed to require that water utilities with more than five
Mike Nugent, Manager
Research & Legislation
Cathy Holland-Smith, Manager
Budget & Policy Analysis
Don H. Berg, Manager
Legislative Audits
Glenn Harris, Manager
Information Technology
Statehouse, P.O. Box 83720
Boise, Idaho 83720-0054
Tel: [phone]
ww.legislature.idaho.gov
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thousand customers provide consumption data on each customer's bil comparng actual
consumption in the curent biling period with the corresponding biling period in the previous
year. The PUC is also proposing to repeal a block of rules relating to information to customers
of gas, electric and water public utilities after three of the rules are transferred elsewhere.
The third set of rules proposes to repeal the same set of rules "After transfer of the rules is
complete" that the second set of proposed rules accomplishes. This set of rules appears to be
duplicative with the last provision of rue 2 and appears to do virtally the same thing. It seems
like we should be receiving one or the other, but not both.
It appears the proposed rules have been promulgated withn the scope of statutory authority
granted to the public utilties commission.
cc: Idaho Public Utilities Commission
Jean D. Jewell ~
Donald 1. Howell, II