20091002Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERAL
RuL- (; -ò9~c)L
DATE: SEPTEMBER 30, 2009
SUBJECT: UPDATING THE COMMISSION'S SAFETY AND ACCIDENT
REPORTING RULES, DOCKET NO. 31-1101-0901
On September 2, 2009, the Commission caused to be published in the Administrative
Bulletin a Notice of Proposed Rulemaking. In its rulemaking, the Commission proposed several
changes to its Safety and Accident Reporting Rules, IDAPA 31.11.01. In particular, the
Commission proposed to adopt by reference two national safety codes: the International Fuel
Gas Code in Rule 202 and the International Mechanical Code in Rule 203. In these two rules,
the Commission proposed to adopt the updated 2009 Edition of these safety codes. The
Commission also proposed to adopt the 2009 Edition of the Code of Federal Regulations (CFRs)
dealing with gas pipeline safety regulations in Rule 201.
The Commission's Notice also proposed two changes to its Accident Reporting
Rules 301 and 302. More specifically, the Commission sought comments regarding the proposal
to require utilities to report property damage to themselves or members of the public in excess of
$200,000. See Proposed Rule 301.02 and 302.01.c. Finally, the Notice also proposed to make
several housekeeping amendments to the rules such as: correcting web address, street address,
citations to other authorities; and making clarifications to improve the readability of the proposed
rules. The proposed changes are attached for your review.
Purstiant to the public notice contained in the Administrative Bulletin, comments on
the proposed changes were due no later than September 23,2009. The Commission received no
comments regarding the proposed changes to its Safety and Accident Reporting Rules.
DECISION MEMORANDUM
The Legislative Services Office did report that the Senate and House Subcommittee
for Review of Administrative Rules reviewed the proposed changes. In a letter dated September
10, 2009, Legislative Services reported that no objections were made to the proposed rules by the
Subcommittees.
COMMISSION DECISION:
1. Does the Commission wish to update its Safety and Accident Reporting Rules by
adopting the 2009 Editions to the federal pipeline safety regulations, the International Fuel Gas
Code, and the International Mechanical Code?
2. Does the Commission wish to adopt as pending rules the changes to its Accident
Reporting Rules regarding property damage in excess of $200,000?
3. Does the Commission also wish to make the housekeeping changes in Rules 000,
004,005.01,301.03 (automobile motor vehicle), 302.02 and 302.04?
4. Does the Commission wish to submit its pending rules to the 2010 Legislature for
review?
l)~
Don Howell
Deputy Attorney General
blsfN:3 I-I IOl-0901_Deeision Memo_dh
DECISION MEMORANDUM 2
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
NOTICE OF RULEMAKING . PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that the Idaho Public
Utilties Commission has initiated proposed rulemaking procedures. This action is authorized pursuant to Section 61-
515, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking wil be scheduled if requested in
writing by twenty-five (25) persons, a political subdivision, or an agency, not later than September 16, 2009.
The hearing site wil be accssible to persons with disabilties. Requests for accommodation must be made not
later than five (5) days prior to the hearing, to the Commission's address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose of the
proposed rulemaking:
The Commission's Safety and Accident Reporting Rules currently adopt by reference several national safety
codes and federal safety regulations. In paricular, Rules 202 and 203 currently adopt by incorporation the 2006
Editions ofthe International Fuel Gas Code and the I nternational 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 installed outdoors); Section 306 (access to gas appliances);
Section 3 I 0 (electrical bonding for corrgated stainless steel tubing); Table 402.4( I 3) (sizing for corrgated stainless
steel tubing); Section 404 (prohibited locations for gas piping); Section 409.5 (appliance shut-off valves); Section
41 I. i 3 (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 dryer exhaust requirem ent).
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. Part
191-193, 195 and 199. Changes from the 2007 CFRs include: operating certin 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-I I 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. I6526 (March
28,2008).
The Commission is also proposing changes to Rules 301 and 302 that would require utilties to submit written
accident report within twenty-one (21) days when they sustain damage to their facilities in excess of $200,000 or
when a member of the public incurs propert damage 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.
Finally, the Commission is proposing to make several housekeeping corrections to its Safety and Accident Repo rting
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 fund resulting from this rulemaking.
NEGOTIATED RULEMAKlNG: Pursuant to Section 67-5220, Idaho Code, negotiated rulemaking was not
conducted because this propose rule adopts updated national safety codes and federal regulations necessar 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.
Idaho Administrative Bulletin Page 311 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILITIES COMMMISSION
Safety & Accident Reporting Rules for Regulated Utiliies Docket No. 31-1101-0901
Proposed Rulemaking
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technical questions concerning the proposed rule, contact Donald L. Howell, 1I, Deputy Attorney General, at (208)
334-0312.
Anyone may submit written comments regarding this proposed rulemaking. All written comments must be
directed to the Commission Secretar and must be delivered on or before September 23,2009. Persons desiring to
comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment
deadline.
DATED this 21st day ofJuly, 2009.
Jean D. Jewell
Commission 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
THE FOLLOWING IS THE PROPOSED TEXT FOR DOCKET NO. 31-1101-0901
000. LEGAL AUTHORITY (RULE 0).
These rules adoptin by reference national safety codes and requir-ie the reporting of certain accidents fiie Bd&eeri
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, Idaho Code. (4
(BREAK IN CONTINUITY OF SECTIONS)
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Notes of telephone report 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(4.0 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 propert. See
Section 61-517, Idaho Code. ~
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 I, Title 6 I, Idaho Code;~
orders of the Idaho Public Utilties Commission;~ and decisions of the Idaho Supreme Court &f construing thesestatutes. ~
02. Serious Damage. Damage to natural gas facilties caused by a natural disaster or terrorism thatresults in a loss of or reduction in pipeline throughput or storage deliverability. (4-2-08)
Idaho Administrative Bulletin Page 312 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILITIES COMMMISS/ON
Safety & Accident Reporting Rules for Regulated Utiliies
Docket No. 31-1101-0901
Proposed Rulemaking
03. Serious Interruption of Service. Interrptions of natural gas pipeline service to communities,
major governmental installations, and large industrial plants outside of communities or any other interrption that is
significant in the judgment of the natural gas pipeline. Interrptions of less than three (3) hours or plannedmaintenance outages need not be reported. (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 i, 20ü-2) and Parts 19 i, 192, 193, 195, and
199, Title 49, the Code of Federal Regulations (October 1, 20ü-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; U.S. Government Printing Offce, Superintendent of Documents, Attn: New Orders,
PO Box 371954, Pittsburgh, PA 15250-7954. The incorporated CFR Pars are also available in electronic format at
www.gpoaccess.gov/nar. 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. ~
202. INTERNATIONAL FUEL GAS CODE (IFGAQ (RULE 202).
01. Incorporation by Reference. The Commission incorporates by reference the International Fuel
Gas Code, 20062 Edition except for Par 2 of Chapter i. The International Fuel Gas Code is published by the
International Code Council, -3100 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 bycallng toll-free 800-786-4452. ~
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 onlythose 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 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, -3100 New Jersey Avenue, NW,
6th Floor, Washington D.C. 20001-2070 and may be ordered by calling toll-free 800-786-4452 or online atwww.iccsafe.org. ~
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 thoseinstallations that: (3-20-04)
a. Have been inspected and approved by authorized agencies; or (4- i -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)
Idaho Administrative BuIJetin Page 313 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILITIES COMMMISSION
Safety & Accident Reportng Rules for Regulated Utiliies
Docket No. 31-1101-0901
Proposed Rulemaking
301. IMMEDIATE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS AND MAJOR
NATURAL GAS INTERRUPTONS (RULE 301).
01. Fatality and Aeetkt Hospitaliztion 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 proxim ity to utilty operating propert,
the utilty must notify the Commission by telephone of the fatality or hospitalization no later than the first businessday following discovery of the fatality or reporting of the hospitalization, except as provided in Subsection3 i. I 1.01.01.02. Reports should be made to the Commission Secreta at [phone]. ~
!! Propert Accident Reporting. Whenever an electrical corporation, gas corporation. pipelinecorporation, telephone corporation. or water corporation or any member of the public suffers propert damage in
excess of two hundre thousand dollars ($200,000) as a result of contact with or proximity to utility operating
propert, the utilty shall fie a written report with the Commission, except as provided in Subsection3 1.11.01.301.03. Report shall be made to the Commission Secretary at [phone]. L-
~. Operating Property - A"I6.'fl8šil Motor Vehicle Accident Exception. As used in this rule,
operating propert means electric plant as defined in Section 6 I - i I 8, Idaho Code, gas plant as defined in Section 6 i-
I 16, Idaho Code, pipelines as defined in Section 6 I - I 14, Idaho Code, telephone line as defined in Section 6 i -120,
Idaho Code, or 'water systems as defined in Section 6 I - I 24, Idaho Code. This reporting rule does not apply to
fatalities. hospitalization, and propert damage arising out of ditfømøhie motor vehicle accidents, even if the
ditffl/øhit-e motor vehicle later comes into contact with utility plant. Offce buildings or portions of offce buildings
not associated with the physical delivery of utility services or commodities are not considered operating propert.f4
~. Major Servce 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 gascorporation must report serious damage to natural gas facilities and serious interrptions of service to the
Commission. Natura gas corporations should also report other serious damage not caused by natural disaster or
terrorism ifsuch damages create the potential for serious delivery problems on its own system or the pipeline grid.
(4-2-08)
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 writtenreport shall be submitted for: (4-2-08)
a. Every accident involving an employee of the utility or mem ber of the public that results in a fatalityor in-patient hospitalization; (4-2-08)
b. Any other accident the utilty finds significant; or (4-2-08)
£,$200,000: or
Propert damage to utilty plant or non-utility propert in excess of two hundred thousand dollarsL-
eg.Serious damage or service interrption of natural gas pipelines.(4-2-08)
02. Submitting the Written Report. All written reports fY shall be submitted to the Commission
within twenty one (21) days after the fatality£ øf' ilyitf'Y 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:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
POBOX 83720
BOISE, ID 83720-0074
Street Address for Express Mail:
472 W. WASHINGTON ST.
BOISE, ID 83702-598l,l
Idaho Administrative Bulletin Page 314 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILITIES COMMMISSION
Safety & Accident Reporting Rules for Regulated Utiliies Docket No. 31-1101-0901
Proposed Rulemaklngf4
Copies of such report may also be provided by facsimile at [phone] or by electronic mail tosecretar~puc.9tate.Jd.ltidaho.gov. ~
03. Contents of Written Acciden t Report. There is no standard form for written report prescribed by
this rule. Gas companies may fie copies of reports submitted to federal regulators under 49 C.F.R. Par 19 i. Allreports submitted fl mß contain the following information: f4
a. Name ofperson(s) involved in the accident; (7- I -93)
b. Status of persons involved in the accident (e.g., employees, children, contractors, etc.); (7-1-93)
c. Time of day, day ofthe week and month, and location of the accident or discovery of the accident;
(4-2-08)
mi
ef.
offciaL.
d.Description of the accident. the extent of propert damage. and events leading up to the accident;f4
~The scope of servjce interrption. if any. and the duration of service interruption: and L-
The company name, contact person, e-mail address and direct telephone number of the reportingf4
04. Contents of Written Report Involving Damage or Interruption to Natural Gas Facilties. Allwritten report shall provide the following information: (4-2-08)
a.
facilties;
The location and cause of the service interrption or damage to natural gas pipeline or storage
(4-2-08)
b.The nature of the serious damage to pipeline or storage facilty;
The specific identification and location of any facilities dam aged;
(4-2-08)
(4-2-08)
(4-2-08)
(4-2-08)
(4-2-08)
c.
d.The time the service interrption or damage to facilties occurred;
The customers affected by the interrption of service or damage to facilities;e.
f.A brief description of emergency actions taken to maintain serv ice;
g. An estimate of the time (if available) when pipeline throughput or storage deliverables are expectedto be restored; and (4-2-08)
h.
offciaL.
The company name, contact person, e-mail address and direct telephone number of the reportingf4
Idaho Administrative Bulletin Page 315 September 2, 2009 - Vol. 09-9