20091016Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMSSION STAFF
FROM:DON HOWELL
DEPUT ATTORNEY GENERAL ((CJL - G -ò 9 -of
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 paricular, 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 rues,
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 Reportg
Rules 301 and 302. More specifically, the Commission sought comments regarding the proposal
to require utilities to report propert daage 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.
Pursuat 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 Reportng Rules.
DECISION MEMORANDUM 1
The Legislative Services Offce did report that the Senate and House Subcommittee
for Review of Administrtive Rules reviewed the proposed changes. In a letter dated September
10, 2009, Legislative Servces reported that no objections were made to the proposed rules by the
Subcommittees.
COMMISSION DECISION:
1. Does the Commssion wish to update its Safety and Accident Reporting Rules by
adopting the 2009 Editions to the feder pipeline safety regulatons, the International Fuel Gas
Code, and the International Mechancal Code?
2. Does the Commission wish to adopt as pending rules the changes to its Accident
Reportg Rules regarding proper 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 (auomobile 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
blslN:3 I-I 101.090 I_Decision 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 R.ULEMAKING . 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 HEARING SCHEDULE: Public heaing(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 accessible 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-tecical explanation of the substace and purpose of the
proposed rulemaking:
The Commission's Safety and Accident Reporting Rules currntly adopt by reference several national safety
codes and federa safety regulations. In paricular, Rules 202 and 203 currntly adopt by incorporation the 2006
Editions of the 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 instaled outdoors); Section 306 (access to gas appliances);
Section 310 (electrical bonding for corrgated stainless steel tubing); Table 402.4(13) (sizing for corrgated stanless
steel tubing); Section 404 (prohibited locations for gas piping); Section 409.5 (appliance shut-off valves); Section
41 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 gasfired cook tops and air conditioners). Revisions to the
2009 International Mechanical Code include: Secions 303.5 and 304.4 (restrictions on gas appliance locations);
Section 306 (acess to gas appliances); Secon 403 and Table 403.3 (mechanical ventiation rates); Section 501
(exaust systems); and Section 504 (gas clothes dryer exhaust requirem ent).
The Commission is also proposing to amend Rule 201 to adopt certn 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. Par
191-193, 195 and 199. Changes from the 2007 CFRs include: operating certin gas transmission pipelines at higher
presures, 73 Fed.Reg. 62148 (Oct. 17,2008); design factors and pressure limits for natral gas pipelines made from
new Polyamide-II thermoplastic pipe, 72 Fed.Reg. 79002 (Dec. 24, 2008); and updated adinistrative procedure
from the Pipeline Inspection, Protection, Enforcement, and Safety (PIPES) Act of 2006, 73 Fed. Reg. i 6526 (March
28,2008).
The Commission is also proposing changes to Rules 301 and 302 that would require utlities to submit written
accident report within twenty-one (2 i) days when they sustain damage to their facilties in exces 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 reulting 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 ar no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impact on the state genera fund resulting from this rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220, Idaho Code, negotiated rulemaking was not
conducted because this proposed rule adopts updated national safety codes and federal regulations necessa for the
safety of utility 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 Reportng Rules for Regulated Utilites Docket No. 31-1101-0901
Proposed Rulemaking
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technica questions conceing the proposed rule, contact Donald L. Howell, II, Deputy Attorney Genera, at (208)
334-0312.
Anyone may submit written comments regaring this propose rulemaking. All written comments must be
directed to the Commission Secreta and must be delivered on or before Septembe 23,2009. Persons desiring to
comment are encouraged to submit wrtten comments at their earliest convenience rather than wait until the comment
deadline.
DATED this 21st day of July, 2009.
Jean D. Jewell
Commission Secretar
Idaho Public Utiities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street addre for express deliver:
472 W Washington
Boise, Idaho 83702.5918
THE FOLLOWING IS THE PROPOSED TEXT FOR DOCKET NO. 31-1101-001
00. LEGAL AUTHORITY (RULE 0).
These rules adopti by reference national safety codes and requir~ the reporting of certain accidents li fIie
under the general authority of the Public Utilties Law, Chapters I through 7, Title 61, Idaho Code, and under the
specific authority of Sections 61-515 and 61-517, Idaho Code. f4
(BREAK IN CONTINUIT OF SECTIONS)
004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Notes oftelephone report required by Rule 301 and written reports required by Rule 302 are public records subject
to inspection, examination and copying. Furter investigative report by the Commission or the Commission Staff are
investigatory records exempt from disclosure. See Sections 9.337(42 and 9-340B, Idaho Code. Report required by
these rules and the results of fuer investigations by the Commission are by statute prohibited from admission into
evidence in any action for damages based on or arsing out of the loss of life or injury to the person or proper. SeeSecton 61-517, Idaho Code. ~
005. DEFINITIONS (RULE 5).
01. Utilities. The terms "electcal corporation," "gas corporation," "pipeline corporation," "telephone
corporation," and "water corporation" have the meanings given to them by state in Chapter I, Title 61, Idaho Code;~
order of the Idaho Public Utilties CommissioIl~ and decisions of the Idaho Supree Cour (J constring thesestatutes. ~
02. Serious Damage. Damage to natural gas facilties caused by a natural disaster or terrorism thatreults in a loss of or reduction in pipeline throughput or storage deliverabilty. (4-2-08)
Idaho Administrative Bulletin Page 312 September 2, 2009 - VoL 09-9
IDAHO PUBLIC UTILITIES COMMMISSION
Safety & Accident Reporting Rules for Regulated Utilities Docket No. 31-1101-0901Proposed Rulemaking
03. Serious Interruption of Servce. 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 natra 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, 20Q; and Parts 191, 192, 193, 195, and
199, Title 49, the Code of Federal Regulations (October 1, 2()2), except that federal accident reporting
requirements contaned in the rules adopted by reference in Rule 201 are replaced for state reorting purposes by
orders of the Commission or rules of the Commission. These regulations are found in the Code of Federa
Regulations, available from the; U.S. Government Printing Offce, Superintendent of Documents, Attn: New Orders
PO Box 371954, Pittsburgh, PA 15250-7954. The incorprated CFR Par are also available in electronic format at
www.gpoaccess.gov/nar. All gas and pipeline (;orporations subject to the Commission's jurisdiction are required toabide by applicable provisions of these federa regulations adopted by reference. ~
202. INTERNATIONAL FUEL GAS CODE (lFGA (RULE 202).
01. Incorporation by Reference. The Commission incorporates by reference the International Fuel
Gas Code, 2006 Edition except for Par 2 of Chapter i. The International Fuel Gas Code ís published by the
International Code Council, JiOO New Jersey Avenue, NW, 6th Floor, Washington D.C. 2000h2070. The Code is
available from the Code Council and may be ordered online at www.iccsafe.org. Telephone orders may be placed bycallng toll-fre 800-786-4452. ~
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 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 (lMC) (RULE 203).
01. Incorporation by Reference. The Commission incorporaes by reference those portions of the
20062 International Mechanical Code explicitly referring to gas or gas-burning appliances except Par 2 of Chapter i.
The International Mechanical Code is published by the International Code Council, JiOO New Jersey Avenue, NW,
6th Floor, Washington D.C. 20001-2070 and may be ordered by caling toll-free 800-786-4452 or online atwww.iccsae.org. ~
02. Utility Compliance. Gas corporations subject to the jurisdiction of this Commission ar require to
abide by applicable provisions ofthe International Mechanical Code and to connect for serice and light only thoseinstallations 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 recei:ve service. (3-20-04)
(BREAK IN CONTINUIT OF SECTIONS)
Idaho Administrative Bulletin Page 313 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILITES COMMMISSION
Safety & Accident Reporting Rules for Regulated Utilites
Docket No. 31.1101.0901
Proposed Rulemaking
301. IMMEDIATE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS AND MAJOR
NATURAL GAS INTERRUPTONS (R ULE 301).
01. Fatality and Aee.'" Hospitalition Reportng. Whenever any employee of an electrical
corpration, gas corporation, pipeline corpration, telephone corpraion, or water corporation or any member of the
public dies or requires in-patient hospitalizaion as a result of contat with or proximity to utilty operating propert,
the utility must notify the Commission by telephone of the fatity or hospitalization no later than the first business
day following discovery of the fatlity or reporting of the hospitalization, except as provided in Subsection3 i.1 1.01.01.02. Reports should be made to the Commission Secta at [phone]. ~
!! Propert Açcjdeut Reortng. Whenever an elecical corporation. gas corporation, pipelinecorporation, telephone corporation, or water corporaon or any membe of the public suffer propert damage in
excess of two hundre thousand dollas ($200.000) as a result of contact with or proximity to utility operaing
propert, the utilty shall fie a wntten report with the Commission. except as provided in Subsection31. 1.01.301.03. Report shall be made to the Commission Secretary at(208) 334-0338. L-
0:. Operating Propert - ,4f1f8m8lHe Motor Vehicle Accident Exeeption. As used in this rule,
operating propert means electric plant as defined in Section 61 - i i 8, Idaho Code, gas plant as defined in Section 6 i-
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 6 i - i 24, Idaho Code. This rertng rule does not apply to
fatalities, hospitalization. and prope damage arising out of at/118bile motor vehicle accidents, even if the
(jl;ff8bile motor vehicle late comes into contact with utilty plant Offce buildings or portons of offce buildings
not associated with the phy sical del iver of utility services or commodities ar not considered opering propert.(4
~. Major Serve Interruptions or Damage to Natural Gas Pipelines. The Commission
incorporates by reference Section 260.9, Title 18, the Code of Federal Regulatons (April 1,2007). Every natra gas
corporation must reort serious damage to natural gas facilties and serious interrptions of service to the
Commission. Natra gas corporations should also report other senous damage not caused by natura disaster or
terrorism ifsuch damages create the potential for serious deliver 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 require under Rule 301, a writtenreport shall be submitted for: (4-2-08)
a. Every accident involving an employee of the utilty or member of the public that results in a fatalityor in-patent hospitalization; (4-2-08)
b. Any other accident the utilty finds significant; or (4-2-08)
!à$200,00: or
eg.
Propert damage to utility plant or non-utilty proper in excess of two hundred thousand dollarsL-
Senous damage or service interrption of natural gas pipelines.(4-2-08)
02. Submittng the Written Report. All written reports 1' shall be submitted to the Commission
within twenty one (21) days afer the fatality. 8,. injwy hospitalization or damage is discovered. Reports regaring
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 Expres Mail:
472 W. WASHINGTON ST.
BOISE, ID 83702-59.ill
Idaho Administrative Bulletin Page 314 September 2, 2009 - Vol. 09-9
IDAHO PUBLIC UTILrrlES COMMMISSION
Safety & Accident Reporting Rules for Regulated Utilities Docket No. 31.1101-0901
Proposed Rulemaking~
Copies of such report may also be provided by facsimile at [phone] or by electronic mail tosecretry~puC.9tate. id.ztidaho.gov. ~
03. Contents of Written Accident Report. There is no standard form for written report precrbed by
this rule. Gas companies may fie copies of reports submitted to federal regulators under 49 C.F.R. Par 191. Allreports submitted f1 ~ contain the following information: ~
a. Name ofperson(s) involved in the accident; (7- 1-93)
b. Staus of persons involved in the accident (e.g., employees, children, contrctors, 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)
tm
ii
el.
offciaL.
d.Description of the accident the extent of propert damage. and events leading up to the accident;~
The scope of service 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 reorting~
04. Contents of Wrien Report Involvng Damage or Interruption to Natural Gas Facilties. Allwritten report shall provide the following information: (4-2-08)
a.
facil ¡ties;
b.
The location and cause of the service interrption or damage to natural gas pipeline or storage
(4-2-08)
The nature of the serious damage to pipeline or storage facilty; (4-2-08)
The specific identification and locaion of any facilties dam aged; (4-2-08)
The time the service interption or damage to facilties occurrd; (4-2-08)
c.
d.
e.The customers afected by the interrption of service or damage to facilties;(4-2-08)
(4-2-08)f.A brief description of emergency actions taen to maintan service;
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 reporting~
Page 315 September 2, 2009 - Vol. 09-9Idaho Administrative Bulletin