20101105Decision Memo.pdf

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DECISION MEMORANDUM
TO: COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DEPUTY ATTORNEY GENERA
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DATE:NOVEMBER 5, 2010
SUBJECT: UPDATING THE COMMISSION'S SAFETY AND ACCIDENT
REPORTING RULES, IDAPA DOCKET NO. 31-1101-1001
On October 6, 2010, the Commission caused to be published in the Idaho
Administrative Bulletin a proposed rulemaking regarding changes to the Commission's Safety
and Accident Reporting Rules, IDAPA 31.11.01. The Commission's Rule 201 adopts by
incorporation the federal pipeline safety regulations issued by the federal Pipeline and Hazardous
Material Safety Administration (PHMSA). Currently, Rule 201 adopts the PHMSA regulations
found in the 2009 edition of Code of Federal Regulations (CFRs). In this rulemaking the
Commission proposed to adopt the 2010 edition of the CFRs.
The proposed changes to Rule 201 also incorporates changes the Legislature made in
the Administrative Procedures Act, Idaho Code § 67-5229. In House Bil 614 enacted this year,
the Legislature required that agency rules indicate where electronic copies of incorporated
materials can be obtained "or provide an electronic link to the incorporated materials." Idaho
Code § 67-5229(2). Consequently, the Commission's rulemaking also reflects this subsequent
requirement. Rule 201 is attached for your review.
As mentioned above, the Commission's proposed changes to these three rules were
published in the Administrative Bulletin on October 6, 2010. Written comments regarding the
proposed changes were due not later than October 27, 2010. The Commission received no
comments in response to the AP A notice.
The Commission did receive two letters from the Legislative Services Offce. In its
letter dated October 1, 2010, Legislative Services determined that it appears that the proposed
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rules "have been promulgated within the scope of statutory authority granted to the Public
Utilities Commission." In a subsequent letter dated October 21, 2010, Legislative Services
reported that no objections to the proposed rule changes wil be fied.
COMMISSION DECISION
Does the Commission wish to make any changes to its proposed rules published in
the Administrative Bulletin on October 6, 201 O?
Does the Commission wish to adopt its proposed rules as its pending rules? If yes,
does the Commission wish to have its notice of adoption of pending rules published in the next
Administrative Bulletin on December 1, 201 O?
L
Don Howell
Deputy Attorney Genera
blslN:31-1101-1001_Decision Memo_dh
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