20150831Notice of Rulemaking.pdf

IDAPA 31_ IDAHO PUBLIC UTILITIES COMMISSION
31.11.0I - SAFETY AND ACCIDENT REPORTING RULES FOR
UTILITIES REGULATED BY THE
IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-1101-1501
NOTICE OF RULEMAKING. PROPOSED RULE
AUTHORITY: In compliance with Sectior6T-5221(l), 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 hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 27,2015.
The hearing site will be accessible to persons with disabilities. Requests
accommodation must be made not later than five (5) days prior to the hearing, to
Commission's address below.
DESCRIPTM 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 (IDAPA 31.11.01) adopt by
reference several national safety codes applicable to electric and natural gas utilities and federal
safety regulations applicable to natural gas and pipeline utilities. Currently, Rule 201 adopts the
2011 edition of 49 Code of Federal Regulations (CFR) Parts 191-193,195 and 199 addressing
the construction and operation of natural gas pipelines. Next, Rule 202 incorporates by reference
the 2012 edition of the International Fuel Gas Code (IFGC) published by the International Code
Council. Finally, Rule 203 incorporates by reference the 2012 edition of the Intemational
Mechanical Code (IMC) for natural gas or gas-burning appliances. The Commission proposes to
update these three safety rules by adopting the 2015 edition of the IMC, the 2015 edition of the
IFGC, and the October 1,2014 edition of the federal pipeline safety CFRs. There are no major
revisions to the 2011 edition of the federal Pipeline Safety Regulations.
There are several revisions included in the 2015 edition of the IFGC. First, the Code
Council has added Section 307.6 regarding the operation of new condensation pumps located in
uninhabitable spaces. Second, Sections 402.2 and Tables 402.4(3) and 402.4(4) have been
revised to address volumetric flow rates of new gas appliances above 2,000 feet in elevation and
Schedule 40 metallic pipe. Finally, Sections 404.5 through 404.7.3 have been revised to improve
the integrity of new piping systems in concealed locations.
There are also several revisions included in the 2015 edition to the IMC. First, Section
505.3 requirss common exhaust systems for new domestic kitchens in multistory buildings to
for
the
comply with revised design requirements. Sections 507.1 through 507.1.2 revised design
features for new commercial kitchens using natural gas. Section 601.5 has revised the return air
opening standards. Finally, Section 412.6 addresses the transfer of LP-gas dispensing operations
and safety clearances.
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 RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated
rulemaking was not conducted because this proposed rule adopts updated national safety codes
and federal regulations necessary 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.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2), Idaho Code, the
following is a brief synopsis of why the materials cited are being incorporated by reference into
this rule:
Adoption of the current national safety codes and the CFRs will make these rules
consistent with federal safety regulations concerning natural gas and pipeline utilities. In
addition, incorporation of the two other national safety codes will promote the safety of utility
employees, utility customers, and the public. Finally, incorporation by reference will mitigate
the need to publish hundreds ofpages ofsafety codes.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance 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 Secretary and must be delivered on or before
October 28,2015. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED tf',is S lnaay of August 2015.
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: (208) 334-37 62
Street address for express delivery:
472W Washington
Boise, Idaho 83702-5918
IDAPA 31
TITLE I1
CHAPTER OI
3I.I1.01 . SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
201. FEDERAL NATURAL GAS SAFETY REGULATTONS (RULE 201).
The Commission incorporates by reference Part 260.9, Title l8 (April 1,201+4) and Parts 191,
192, 193, 195, and 199, Title 49, the Code of Federal Regulations (October 1,201+4), 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 on the
web from the U.S. Government Bookstore, http://bookstore.gpo.gov, and click on "Code of
Federal Regulations," or by calling toll-free 866-512-1800. The incorporated CFR Parts are also
available in electronic format at www.gpoaccess.sov/cti/index.hEnl. All gas and pipeline
corporations subject to the Commission's jurisdiction are required to abide by applicable
provisions ofthese federal regulations adopted by reference.@-+?/1_)
202. INTERNATIONAL FUEL GAS CODE (IFGA) (Rule 202).
01. Incorporation by Reference. The Commission incorporates by reference the
International Fuel Gas Code, 2}l}5Edition except for Part 2 of Chapter 1. The International
Fuel Gas Code is published by the International Code Council, 500 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/Store/Pages/default.aspx. Telephone orders may be placed by
calling toll-free 800 -7 86-4452.w{_)
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 only those installations that: (3-20-04)
a. Have been inspected and approved by authorized agencles; or (4-1-e8)
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 20l2S lnternational Mechanical Code explicitly referring to gas or gas-burning
appliances except Part 2 of Chapter l. The International Mechanical Code is published by the
International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001-
2070 and may be ordered by calling toll-free 800-786-4452 or online at
www.iccsafe.org/Store/Pages/default.aspx. €4-14{-)
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 those installations that:(3-20-04)
(4-l-e8)a. Have been inspected and approved by authorized agencies; or
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)
l) F J}l Hlilfii:i?hr,'il,
DFM Tracklng No. 2015.900-l
Received D atel. 7 l22l2O1 5
em Administrative Rules Form
impact statement for al! programs Bs sure to reflact both positive and negative lmpacts
and to include all fund sources including both the General Fund and dedicated funds:
No flscal impact, The cost of publication ls estimated to be about $150 from the PUG's dedicated fund.
Agency Name:
IDAHO PUBLIC UTILITIES COMMISSION
STARS Agency Code:
900
for the rule making (ldaho Code, Federal Statute or Regulatlon):
31.1 101 -1 501
This rule is: XX Proposed tr Temporary After sine die of the 2016 Session
E Necessary to protect the public health, safety, or welfare; or
E Compliance with deadlines in amendments to governing taw or federal programs; or
E Conferring a benefit.
Please explain:
poses a fee or charge,
EI fnis rule is to be negotiated x Negotlation of this rule is not feasible
Agency certifies that the rute E has been or EI witl be negotiated with lnterested peraons as outlined in
ldaho Code 67-5220(3). (indicate which)
E Rute is temporary; or E tacf of identifiable representatives of affected interests; or
E nrte is simpte in nature; or E Affected interests are not llkely to reach consensus; or
X Other.
Please explain:
Negotiated rulemaklng under 67-5220121Is not feaslble because the updated federa! plpellne safety regulatlons
(adopted in the proposed rule) are already mandatory for natura! gas plpellne operators and utilities In Idaho. The
updated safety revislons of the Mechanical Gode and the Fue! Gas Code also promote uniform public safety
standards nationwide.
Revised: May 15, 2012 PARF No. 2015-900-1
a short oxplanation of the need for this rule:
This rule adopts the current edition of the federal plpellne safety regulatlons applicable to natural gas utilities and
pipelines operating in ldaho and is a requirement for the PUC to maintain federal funding for our State inspection
program.
Provide a short summary of the changes this rule makes:
Update to ldaho safety rules to reflect adoption of the current edition of the federal pipeline safety regulations
found at 49 CFR Partg 191.193, the 2015 edition of the Internationa! MechanicalGode, and the 2015 edition of the
lnternational Fuel Gas Code. The lnternationa! Codes are updated every 3 years. There are no major revisions to
the federal pipeline safety regulations, The Mechanical Code revised design features for new commercial kitchens
using natural gas and common venting, and safe operating clearances for new LP-gas dispensing operations. The
Fuel Gas Code revised the safety requirements for new condensation pumps in uninhabitable spaces and air flow
rates for new gas appliances operating above 2,000 feet in elevation.
Provide a list of those persons or lnterest group{s} affected by this rule: Natural gas utilities, natural gas pipeline
operators, installers for natural gas appliances, and the general public.
Rule chanqs will enable continued comnliance with federal and international code.
Estimated fiscal impact to PUG's dedicated fund is negligible. There is no fiscal impact to any other funding
source.
trYestrNo
XYestrNo
Gov Special Assistant Signature
DFM Adminlstrator Action:
S lpproveoI_LI Authorized to Advance Rulemaklng Process, DFM to review draft rule prior to publication (See Section 3)
tr NotApproved
EYestrNo
Return via emailto: info@Cfrn idals,gsy
Revised: May 15, 2012 PARF No.2015-900-1
RULEMAKING CHEGKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 3l-1101-1501
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.1 1.01 -- Safetv and Accident Reoortins Rules for Utilities
Agency:ldaho Public Utilities 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 Temporary/Proposed Rulemaking
Temporary Rulemaking _ Effective Date of Temporary Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
Protection of the 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 Will Become Effective:
Amendment to Temporary Rule _
Correction to Pending Rule _
Rescission of Temporary 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 specifu.
No
Does this rulemaking incorporate by reference other documents?
Specifu an exact description of document(s) incorporated by reference.
Yes. Code of Federal Regulations, National Electrical Safety Code, Intemational Fuel Gas
Code, and Intemational Mechanical Code
HAVE YOU.
xx l. Had your legal counsel review your rulemaking?XX 2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU INCLUDED . . .XX 1. An approved Proposed/Temporary Administrative Rules Form (PARF)?
XX 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
3. An 8 l12by I I hard copy of the Notice and the complete text of the rule changes?XX