20170822Decision Memo.pdf

TO:
FROM:
DECISION MEMORANDUM
COMMISSIONER KJELLAI\DER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
BRANDON KARPEN
DEPUTY ATTORNEY GENERAL ('"t- -G' /?'oi
DATE: AUGUST 18,2017
SUBJECT:UPDATING THE COMMISSION'S SAFETY AND ACCIDENT
REPORTTNG RULES, DOCKET NO. 31-1101-1701
The Commission's Safety and Accident Reporting Rules (IDAPA 3l.l1.01) adopt by
reference several national safety codes applicable to electric, telephone and natural gas utilities
and federal safety regulations applicable to natural gas and pipeline utilities. Currently, Rule 201
adoptstheOctober2014 editionof 49Codeof FederalRegulations(CFR)Parts 191-193, 195
and 199 addressing the construction and operation of natural gas pipelines, and the April 2014
edition of l8 CFR Part260.9.
Staff recommends that the Commission update Rule 201 by adopting the 2017
editions of the CFRs, revised in April and October 2017, respectively.
BACKGROUND
The Commission's Safety and Accident Reporting Rules (IDAPA 3l.l L0l) 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
October 2014 edition of 49 Code of Federal Regulations (CFR) Parts l9l-193, 195 and 199
addressing the construction and operation of natural gas pipelines, and the April 2014 edition of
l8 CFR Part260.9.
There have been several minor revisions to the CFRs, including revisions relating to
technical requirements of materials, methods, updates to references to technical standards, and
other non-substantive editorial corrections. There has also been added rules relating to expanded
DECISION MEMORANDUM I
use of excess flow valves in gas distribution systems. There are no major revisions to the CFRs
in question.
The proposed updates have been reviewed by the Office of the Governor, and the
PUC's Division of Financial Management (DFM) staff analyst, and both recommend and
endorse the proposal. Final approval by the DFM Administrator is pending a retum from leave.
STAFF RECOMMENDATION
Staff recommends that the Commission update its Safety Rules 201 as described
above and set out in the attached proposed amendments. Adoption of the current Safety Codes
and the CFRs will make these rules consistent with federal safety regulations concerning natural
gas and pipeline utilities. The proposed changes should be forwarded to the Administrative
Rules Coordinator for publication in the next Administrative Bulletin, pending final DFM
approval.
COMMISSION DECISION
Should Rules 201 of the Commission's Safety and Accident Reporting Rules be
updated by the adoption of the 2017 editions of pipeline safety CFRs? Does the Commission
wish to forward these proposed changes to the Administrative Rules Coordinator for publication
in the next Administrative Bulletin upon DFM Administrator approval?
ttorney General
N:31-1101-'l701 Decision Memo bk
2DECISION MEMORANDUM