20100809Decision Memo.pdf

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DECISION MEMORADUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
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FROM: DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 4, 2010
SUBJECT: UPDATING THE COMMISSION'S SAFETY AND ACCIDENT
REPORTING RULES, DOCKET NO. 31-1101-1001
The Commission's Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by
reference varous national safety codes and federal safety regulations applicable to electric,
natur gas, and pipeline utilities. In paricular, Rule 201 adopts the various pars of Title 49,
Code of Federal Regulations (CFR) and 18 C.F.R. Par 260.9. The curent rule adopted the 2009
edition of the CFRs. 18 C.F.R. § 260.9 sets out procedures for reporting servce interrptions
and daage to facilities.
Staf proposes that the Commission adopt the April 1,2010 edition of 18 C.F.R. §
260.9 and the October 1,2010 edition for 49 C.F.R. Pars 191-193, 195, and 199.
CFR CHANGES SINCE 2009
Since Rule 201 was last updated, the Pipeline and Hazdous Material Safety
Administration (PHMSA) has made two changes (and two corrections) to its pipeline safety
regulations. First, in December 2009, PHMSA amended 49 C.F.R. Pars 192 and 195 to address
human factors and other aspects of control room management for pipeline where controllers use
"supervisory control and data acquisition" (SCADA) systems. Among other things, pipeline
operators were required to implement methods to prevent controller fatigue and procedures to
manage SCADA alars. These changes to the CFRs required pipeline operators to develop
control room management procedures by August 1, 2011, and to implement the procedures by
Febru 1,2013. In Februar 2010, PHMSA corrected errors contained in the December 2009
changes.
DECISION MEMORANDUM 1
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Second, in December 2009, PHMSA amended its pipeline safety rules in 49 C.F.R.
Par 192 to require operators of gas distrbution pipelines to develop and implement integrity
management (1M) programs similar to those required for gas trsmission pipelines but talored
to reflect the differences in and among distribution pipelines. The federal reguations allow for
risk-based adjustments of prescribed intervals for leak detection sureys and other fixed-interval
requirements for gas distrbution pipelines. To minimize regulatory burdens, the federal rues
established simpler requirements for master meter and small liquefied petroleum gas (LPG)
operators. The changes also requires pipeline operators to install excess flow valves on new and
replaced residential service lines, subject to feasibility criteria outlned in the rule. These
changes became effective Februry 12, 2010. In Februar 2010, PHMSA made minor
corrections to terminology.
The Staff recommends the Commission update its Safety Rule 201 as described
above and set out in the attched proposed amendment. Adoption of the curent CFRs will make
Rule 201 consistent with the federal safety regulations concerning gas and pipeline utilties.
COMMISSION DECISION
Should Rule 201 of the Commission's Safety and Accident Reporting Rules be
updated by the adoption of the 2010 edition of the CFRs? Does the Commission wish to forward
these proposed changes to the Administrtive Rules Coordinator for publication in the next
Administrtive Bulletin?
iP~
Don Howell
Deputy Attorney General
blslN:3 1-1 IOI-IOOI_Decision Memo_dh
DECISION MEMORANDUM 2
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IDAPA31
TITLE 11
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
201. FEDERAL NATURAL GAS SAFETY REGULATIONS (RULE 201).
The Commission incorporates by reference Par 260.9, Title 18 (April 1, 20Q.lQ and Pars 191,
192, 193, 195, and 199, Title 49, the Code of Federal Regulations (October 1, 20Q.lQ, except
that federal accident reporting requirements contained in the rues adopted by reference in Rule
201 are replaced for state reportng puroses by orders of the Commission or rules of the
Commission. These regulations are found in the Code of Federal Regulations, available on the
web from the, U.S. Governent Bookstore at http://bookstore.gpo.gov and click on "Code of
Federal Regulations," or by calling toll-free 866-512-1800. Prinflg Offiee, SliperIfleflàefl of
Doeuems, A:tl: New Orders, PO Box 371954, Pittsbligh, PA 15250 7954. The incorporated
CFR Pars are also available in electronic format at VPl'w.gjlOaeeess.go'l!iU1:F
www,gpoaccess.gov/cfr/index.html. All gas and pipeline corporation~ subject to the
Commission's jurisdiction are required to abide by applicable provisions of these federal
regulations adopted by reference. (3 29 10)L-