20100826Notice of Rulemaking - Proposed 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. 31-1101-1001 RUL-6-(O-Or
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 Sections 61-515 and 61-517, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearng(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 October 20, 2010. The hearing site will 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-technical explanation of the substance
and purpose of the proposed rulemaking:
The Commission's Safety and Accident Reporting Rule 201 curently adopts by
incorporation the federal pipeline safety regulations issued by the Pipeline and Hazdous
Material Safety Administration (PHMSA) in the 2009 edition of the Code of Federal Regulations
(CFRs). Rule 201 applies to natual gas and pipeline utilties in Idaho. The Commission
proposes to adopt the 2010 edition of the CFRs.
There are two major revisions included in the 2010 edition to the federal 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 pipelines 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 Februar 1, 2013. In Februar 2010, PHMSA corrected errors contained in the
December 2009 changes.
Second, in December 2009, PHMSA amended its pipeline safety regulations in 49 C.F.R.
Par 192 to require operators of gas distribution pipelines to develop and implement integrity
management (1M) programs similar to those required for gas transmission pipelines but tailored
to reflect the differences in and among distribution pipelines. The federal regulations allow for
risk-based adjustments of prescribed intervals for leak detection surveys and other fixed-interval
requirements for gas distribution pipelines. To minimize regulatory burdens, the federal rules
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 feasibilty criteria outlined in the rule. These
changes became effective February 12, 2010. In February 2010, PHMSA made minor
corrections to terminology.
Adoption of the 2010 edition of 49 C.F.R. Pars 192 and 195 will make Rule 201
consistent with the federal safety regulations concerning gas and pipeline utilties and avoid
confusion. Updating Rule 201 is also necessary to maintain fuding of the Commission's safety
inspection program funded by PHMSA.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fud resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was not conducted because this proposed rule adopts updated federal safety
regulations necessary for the safety of utilty employees and the public during the installation,
operation, or maintenance of natural gas pipelines.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistace on technical questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General, at [phone].
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
October 27, 2010. Persons desiring to comment are encouraged to submit wrtten comments at
their earliest convenience rather than wait until the comment deadline.
DATED this~ay of August 2010.
~ brL(A)L.S
Jean D. Jewell
Commission Secretary
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
IDAPA 31
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 1,20(910) and Pars 191,
192,193,195, and 199, Title 49, the Code of Federal Regulations (October 1,20(910), except
that federal accident reporting requirements contained in the rules adopted by reference in Rule
201 are replaced for state reporting 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. Priatiag Office, 8uperiÐteadeÐt of
DocumeÐts, Atta: Ne'N Orders, PO Box 371954, Pittsburgh, PA 15250 7954. The incorporated
CFR Pars are also available in electronic format at vt'vt'w.gpoaccess.goy,laaTa
ww,gpoaccess.gov/cfr/index.htmL. 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. (3 29 10)L-
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Offce of Administrative Rules): 31-1101-1001
(OAR wil assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.11.01 -- Safety and Accident Reporting Rules for Utilties
Agency: Idaho Public Utilties Commission
Agency Contact and Phone Number: Don Howell 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 61-515
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking XX Temporar/Proposed Rulemaking
Temporar Rulemaking _ Effective Date of Temporar Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
_Protection ofthe public health, safety, or welfare; or
_Compliance with deadlines in amendments to governing law or federal programs; or
_Conferring a benefit.
Pending Rule _ Date Pending Rule Wil Become Effective:
Amendment to Temporary Rule _ Rescission of Temporary Rule _
Correction to Pending Rule _ Vacation of Rulemaking _
Does any portion of this rulemaking impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
No
Does this rulemaking have a negative fiscal impact on the state general fund greater than ten
thousand dollars ($10,000) during the fiscal year?
If yes, include a descriptive summary of the fiscal impact involved.
No
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
No
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
Yes. Code of Federal Regulations
HAVE YOU. ..
xx
xx
I. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU INCLUDED. . .
XX 1. An approved Proposed/Temporar Administative Rules Form (PARF)?
XX 2. An electronic version of the Notice and complete text ofthe rule changes in Microsoft Word?
XX 3. An 8 1/2 by i i hard copy of the Notice and the complete text ofthe rule changes?
~..\;;DFM Tracking No.
2010-900-2.State of Idaho
DIVSION OF FINANCIA MANAGEMENT
Executive Office of the Governor
Agency Name:
Idaho Public Utilties CommissionContact Person: Title: Dep. AttorneyDon Howell/Ron Law General
Exec. Administrator
Title:
President
Phone:
334-0312
334-0330
Phone:
334-2898
Person Authorizing Rule:
Jim Kempton
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 61-515, 61-517
Title, Chapter, and Possible Docket (IDAPA) Number:
Safet and Accident Re ortin Rules 31-1101-1001
This Rule is: X Proposed 0 Temporary Effective Date:
End of 2011 Legislative Session
If Temporary Rule:
o Necessary to protect the public health, safety, or welfare; or
o Compliance with deadlines in amendments to governing law or federal programs; or
o Conferring a benefit..If this is a temporary rule which imposes a fee or charge, provide justification as described in Idaho Code 67-
5226(2): N/A
Provide a fiscal impact statement, both positive and negative, by fund source for all programs affected:
There is no effect on the general fund because the PUC is a non-general fund agency. The rulemaking costs are
estimated to be about $300.
Need for Proposed Rule Change:
The proposed changes to the PUC Safety Rules are necessary to maintain consistency with the federal safety
regulations for intrastate pipelines and to maintain the PUC's safety inspection program funded by Pipeline and
Hazardous Material Safety Administration.
Proposed Rule Changes (Summary Only):
The proposed amendments to the PUC's Safety Rules adopts updated changes to the CFR's concerning pipeline
safety.
Interest Group(s) or Citizens Affected:
Pipeline utilties and the public.
Section 3 (DFM Use Only)
DFM Analyst Comments:
Proposed rule making to match federal regulation. No fiscal impact.
. DFM Analyst Fiscal Impact Review:
Revised: March 11, 2008
,
,
.1.
DFM Analyst Signature & Date:
D. Keith Reynolds 08/09/10
Recommend:
X Yes 0 No
Recommend:
X Yes 0 No
0 No
.Gov Special Assistant Signature & Date:
Mark Warbis 8-13-10
DFM Administrator Signature & Date:
Received by DFM from Agency 8/9/2010 o
Received by DFM Analyst from Coordinator 8/9/2010 o
Received by Coordinator from Analyst 8/9/2010 o
Received by Governor's Special Assistant from Coordinator 8/9/2010 o
Received by Coordinator from Governor's Special Assistant 8/13/2010 4
Received by DFM Administrator
Return via email to: infotldfm.idaho.gov.
.
Revised: March 11. 2008