20090710Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
CO MMISSI 0 NER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE:JUL Y 9, 2009
SUBJECT:UPDATING THE COMMISSION'S SAFETY AND ACCIDENT
REPORTING RULES, DOCKET NO. 31-1101-0901.
The Commission s Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by
reference two national safety codes and federal pipeline safety regulations. Rule 201 adopts the
2007 federal safety regulations for natural gas pipelines promulgated by the u.s. Pipeline and
Hazardous Materials Safety Administration (PHMSA) within the u.S. Department of
Transportation. In addition, Rules 202 and 203 adopt by incorporation the International Fuel Gas
Code and the International Mechanical Code, respectively. Rules 202 and 203 currently adopt
the 2006 Editions to these International Safety Codes. Staff recommends that the Commission
adopt the 2009 updates to the federal safety regulations and the 2009 editions to the International
Safety Codes, and make other changes as outlined in greater detail below.
PROPOSED CHANGES
1. Pipeline Safety Staff recommends that the Commission adopt the 2009
provisions of the Code of Federal Regulations (CFRs) dealing with pipeline safety regulations.
Safety Rule 201 adopts several federal regulations pertaining to the transportation of natural gas
including 18 C.R. ~ 260.9 and 49 c.F.R. Parts 191-193, 195, and 199. Existing Rule 201
adopts the 2007 CFRs. Updates to 49 C.R. Part 192 after 2007 include: requirements for
operating certain gas transmission pipelines at pressures based upon higher operating stress
levels, 73 Fed.Reg. 62148 (Oct. 2008); and design factors and pressure limits for natural gas
pipelines made from new Polyamide-II thermoplastic pipe, 72 Fed.Reg. 79002 (Dec. 24, 2008).
The 2009 provisions also include amendments to the CFRs so that they conform to the
DECISION MEMORANDUM
administrative procedures encompassed in the Pipeline Inspection, Protection, Enforcement, and
Safety (PIPES) Act of2006 , 73 Fed.Reg. 16526 (March 2008).
2. Fuel Gas Code Changes . In 2009, the International Code Council issued updated
editions of the International Fuel Gas Code and the International Mechanical Code. The new
2009 edition updates several provisions of the 2006 Fuel Gas Code including: Section 303.
(gas-fired appliances installed outdoors must be designed for outdoor use); Section 306 (access
to gas appliances); Section 310 (electrical bonding for corrugated stainless steel tubing); Table
402.4(13) (sizing for corrugated 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 503.8 (venting requirements);
Section 614.6 (clothes dryer exhaust ducts); and Sections 623.7 and 627 (clearances for gas-fired
cook tops and air conditioners).
3. Mechanical Code Changes. The new 2009 edition updates several provisions of
the 2006 edition of the International Mechanical Code including: 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 dryer exhaust requirement).
4. Other Recommendations. Staff also recommends that the Commission consider a
change to its Accident Reporting Rules 301 and 302. Currently, these rules only require utilities
to submit accident reports (telephonic and subsequent written reports) for fatalities or in-patient
hospitalization as a result of contact with or in proximity to utility operating property. Rule
301.01. The Staff recommends that the Commission consider requiring that utilities also provide
a written report when an accident results in damage to utility property or to non-utility property
in excess of $200 000 as a result of contact with or in proximity to utility operating property.
Property damage" would not include damage as a result of motor vehicle accidents pursuant to
Rule 301.02.
Staff is also recommending several housekeeping amendments to the rules such as:
correcting web address, street address, citations to other authorities, and clarifications to improve
readability. All the proposed changes are attached for your review.
DECISION MEMORANDUM
COMMISSION DECISION:
1. Does the Commission wish to update its Safety Rule 201 , 202 and 203 by
adoption of the 2009 International Mechanical Code, the International Fuel Gas Code and the
2009 CFRs pertaining to pipeline safety?
2. Does the Commission wish to make the change to its accident reporting rule to
require the reporting of damage to utility plant and non-utility private property in excess of
$200 000?
3. Does the Commission also wish to make the housekeeping changes to Rules 0, 4
301 and 302?
4. Does the Commission wish to issue a Notice of Proposed Rulemaking suitable for
inclusion in the next Administrative Bulletin?
Don Howell
Deputy Attorney General
blslN:31-IIOI-O901 Decision Memo
DECISION MEMORANDUM
IDAPA 31
TITLE
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULA TED
BY IDAHO PUBLIC UTILITIES COMMISSION
000.LEGAL AUTHORITY (RULE 0).
These rules adopting by reference national safety codes and requiring~ the reporting of certain
accidents are adopted under the general authority of the Public Utilities Law, Chapters 1 through
, Title 61 , Idaho Code, and under the specific authority of Sections 61-515 and 61-517, Idaho
Code.
(1 1 98)L-J
(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 337(4Q) 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 injury to the person or
property. See Section 61-517, Idaho Code.(1 5 OO)L-J
005.DEFINITIONS (RULE 5).
01. Utilities. 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 Utilities Commission,~
and decisions ofthe Idaho Supreme Court ofldaho construing these statutes. (1 2 08)L-J
02. Serious Damage. Damage to natural gas facilities caused by a natural disaster or
terrorism that results in a loss of or reduction in pipeline throughput or storage deliverability.
(4-08)
03. Serious Interruption of Service. Interruptions of natural gas pipeline service to
communities, major governmental installations, and large industrial plants outside of
communities or any other interruption that is significant in the judgment of the natural gas
pipeline. Interruptions of less than three (3) hours or planned maintenance outages need not be
reported.(4-08)
(BREAK IN CONTINUITY OF SECTIONS)
201.FEDERAL NATURAL GAS SAFETY REGULATIONS (RULE 201).
The Commission incorporates by reference Part 260., Title 18 (April 1 , 200+2) and Parts 191
192, 193 , 195 , and 199, Title 49, the Code of Federal Regulations (October 1 , 200+2), 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
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.gpoaccess.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.(1 2 08)L-J
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 Part 2 of Chapter 1 . The International
Fuel Gas Code is published by the International Code Council, ';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 www.iccsafe.org.Telephone orders may be placed by calling toll-free 800-
786-4452. (1 2 08)L-)
02. Utility 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 (4-98)
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 or
continuing 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-burning
appliances except Part 2 of Chapter 1 . The International Mechanical Code is published by the
International Code Council, ';200 New Jersey Avenue , NW, 6th Floor, Washington D.C. 20001-
2070 and may be ordered by calling toll-free 800-786-4452 or online at www.iccsafe.org (1 2 08)L-)
02. Utility 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 (4-98)
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. IMMEDIA TE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS
AND MAJOR NATURAL GAS INTERRUPTIONS (RULE 301).
01. Fatality and A.eeident Damae:e 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 utility operating property, the utility 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]. (1 2 08)L-)
02. Propertv Accident Reportine:. 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 utility operating property, the utility shall file a written report with the Commission, except as
provided in Subsection 31.11.01.301.03. Reports shall be made to the Commission Secretary at
[phone].
o~~. Operating Property -- 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 arising out of automobile motor vehicle accidents, even if the automobile later
comes into contact with utility plant. Office buildings or portions of office buildings not
associated with the physical delivery of utility services or commodities are not considered
operating property.(1 1 98)L-)
o~~. Major Service Interruptions or Damage to Natural Gas Pipelines. The
Commission incorporates by reference Section 260., Title 18, the Code of Federal Regulations
(April 1 , 2007). Every natural gas corporation must report serious damage to natural gas facilities
and serious interruptions of service to the Commission. Natural 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. (1 2 08)L-)
302. WRITTEN REPORTING
INTERRUPTIONS (RULE 302).
01. Reporting Required. In addition to any telephone reporting required under Rule
301 , a written report shall be submitted for: (4-08)
ACCIDENTS AND NATURAL GAS
Every accident involving an employee of the utility or member of the public that
results in a fatality or in-patient hospitalization;
Any other accident the utility finds significant; or
(4-08)
(4-08)
Property damage to utility plant or non-utility property in excess of $200,000:
e!!. Serious damage or service interruption of natural gas pipelines.
L-)
(1 2 08)L-)
02. Submitting the Written Report. All written reports ftHfSt shall be submitted to the
Commission within twenty-one (21) days after the fatality" or injury hospitalization or damage
discovered. Reports regarding serious damage or service interruption shall be submitted at the
earliest feasible time. Reports should be mailed to:(1 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 83702-5983
Copies of such reports may also be provided by facsimile at [phone] or by electronic mail
to secretary~puc.state.id.us secretary~puc.idaho.gov (5 3 03)L-J
03. Contents of Written Accident Report. There is no standard form for written
reports prescribed by this rule. Gas companies may file copies of reports submitted to federal
regulators under 49 C.F .R. Part 191. All reports submitted ftHfSt shall contain the following
information: (1 2 08)L-)a. Name ofperson(s) involved in the accident; (7-93)
b. Status of persons involved in the accident (e., employees, children, contractors
etc.(7-93)c. Time of day, day of the week and month, and location of the accident or discoveryof the accident; (4-08)
d. Description of the accident, the extent of property damage,and events leading up to
the accident; and (1 2 08)L-J
!:.:
The scope of service interruption (if any) and the duration of service interruption:
and L-J
ef. The company name, contact person, e-mail address and direct telephone number-2f
the reporting official. (1 2 08)L-)
04. Contents of Written Report Involving Damage or Interruption to Natural Gas
Facilities. All written reports shall provide the following information: (4-08)
The location and cause of the service interruption or damage to natural gas pipeline
or storage facilities;
The nature of the serious damage to pipeline or storage facility;
The specific identification and location of any facilities damaged;
The time the service interruption or damage to facilities occurred;
(4-08)
(4-08)
(4-08)
(4-08)
The customers affected by the interruption of service or damage to facilities;
A brief description of emergency actions taken to maintain service;
(4-08)
(4-08)
An estimate of the time (if available) when pipeline throughput or storage
deliverables are expected to be restored; and (4-08)
h. The company name, contact person, e-mail address and direct telephone number-2f
the reporting official. (1 2 08)L-J