20091022Adoption of Pending Rule.pdf

IDAPA 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 -1;09 -6(
NOTICE OF RULEMAKING - ADOPTION OF PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the Public Utilties Commission and is now
pending review by the 2010 Idaho State Legislatue for final approval. The pending rule
becomes final and effective at the conclusion of the legislative session, unless the rule is
approved, rejected, amended or modified by concurent resolution in accordance with Sections
67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by
concurent resolution, the rule becomes final and effective upon adoption of the concurent
resolution or upon the date specified in the concurrent resolution.
AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the
Public Utilities Commission has adopted a pending rule. The action is authorized pursuant to
Section 61-515, Idaho Code.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for adopting the pending rule and a statement of any change between the text of the proposed
rule and the text of the pending rule with an explanation of the reasons for the change.
The text of the pending rule has been amended in accordance with Section 67-5227,
Idaho Code. Only those sections that have changes that differ from the proposed text are printed
in this Bulletin. The complete text of the proposed rule was published in the September 2, 2009
Idaho Administrative Bulletin, Vol. 09-9, pages 311-15. There were no comments fied in
response to the proposed changes. Upon fuher consideration, the Commission decided not to
impose a new requirement that utilities report property damage in excess of $200,000 in Rules
301.02 and 302.01. Consequently, these two rules were amended to remove the proposed
reporting requirement.
FISCAL IMP ACT: There is no fiscal impact on the state general fud resulting from this
rulemaking.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
concerning this pending rule, contact Donald L. Howell, II, Deputy Attorney General, at (208)
334-0312.
,.
DATED this J.1 day of October 2009.
~.~Je . Jewell ~~
Co mission Secretar
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
301. IMMEDIATE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS
AND MAJOR NATURAL GAS INTERRUPTIONS (RULE 301).
01. Fatality and AeeitieBt 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 Secretar at [phone]. ~
02. Operating Propert -- iAAutømøbile Motor Vehicle Accident Exception. As used
in this rule, operating propert 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 reportin.g rule does not. apply to fatalities and hospitalizations
arising out of automobile motor vehicle accidents, even if the auomobile motor vehicle 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 i 98)L-
03. 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, 200+2). Every natural gas corporation must report serious damage to natural gas
facilties and serious interrptions of service to the Commission. Natural gas corporations should
also report other serious damage not caused by natual 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. Reporting 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)
c. Serious damage or service interrption of natural gas pipelines. (4-2-08)
02. Submitting the Written Report. All written reports mt shall be submitted to the
Commission within twenty-one (21) days after the fatality or iÐ hospitalization 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
PO BOX 83720
BOISE ID 83720-0074
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE ID 83702-59~lS
Copies of such reports may also be provided by facsimile at [phone] or by electronic mail
to seeretar)'~puo.state.id.us secretary§puc.idaho.gov. (5 3 03)L-
03. Contents of Written Accident Report. There is no standard 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 mt 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 and events leading up to the accident; and (4-2-08)
e. 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 interruption or damage to natural gas pipeline
or storage facilities; (4-2-08)
b. The nature of the serious damage to pipeline or storage facilty; (4-2-08)
c. The specific identification and location of any facilities damaged; (4-2-08)
d. The time the service interrption or damage to facilities occured; (4-2-08)
e. The customers affected by the interruption of service or damage to facilities;
(4-2-08)
f. A brief description of emergency actions taen 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-