20170828Notice of Rulemaking.pdf

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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. 31-1 101-1701
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), 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 25,2017.
The hearing site(s) will be accessible to persons with disabilities. Requests for
accommodation must be made not later than five (5) days prior to the hearing, to the agency
address below.
DESCRIPTM SUMMARY: The following is a nontechnical explanation of the substance and
pu{pose 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
October 2014 edition of 49 Code of Federal Regulations (CFR) Parts 191-193, 195, and 199,
addressing the construction and operation of natural gas pipelines, and the April 2014 edition of
18 CFR PNt260.9.
Since the publication of those editions, there have been several minor updates and
revisions to the safety codes, including amendments relating to the technical requirements of
materials, installation methods and use, updated references to technical standards, and other non-
substantive editorial corrections. There has also been added rules relating to expanded use of
excess flow valves in gas distribution systems. There are no major revisions to the codes in
question.
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
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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 REF'ERENCE: 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
Brandon Karpen, 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 25,2017. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED tt r" Z&aay of Augu st2017.
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Diane M. Hanian
Commission Secretary
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 837 02-5918
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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 REGULATTONS (RULE 201).
The Commission incorporates by reference Part 260.9, Title 18 (April 1,20142) and Parts 191,
192, 193, 195, and 199, Title 49,the Code of Federal Regulations (October l,20l4Z), 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 https://www.gpo.gov/fdsys. 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. WL__)
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Statc of Idaho
Drvrsron oF I:ITANcIAL UaIrAcEuEIyr
ExecuEre Of6cc of thc Gorcmql
Tracking #: A900-2018-1
Status: DFM Analyst: Recommended 08ll4l'17
Gov's Office: Recommended 08117117
DFM Admin: Approved 08122117
Administrative Rules Request Form
DFM Analyst: Chartes Etdeen Recommendation: I RecommendeO ! ruot Recommended E Pending Date: oato4t2o17
Comments:
This is updating the adoption of rules in relation to gas and pipeline utilities from the 2014 edition of the federal regulations to the 2017 edition.
Agency Name: Public Utilities Commission
Primary Contact: Joe Leckie
Secondary Contact: Maria Barratt-Riley
Person Authorizing Rule: Joe Leckie
Phone: [phone]
Phone: [phone]
Phone: [phone]
Submitted on: 08104120'17
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Statutory Authority for the rule making (ldaho Code, Federal Statute or Regulation):
61-51 5
Title, Chapter, and Possible Docket (IDAPA) Number: 31.1't.01
This rule is: I proposed ! Temporary ! Proposed/Temporary Effective Date:
Agency has determined according to ldaho Code 67-5220(1):
! fnis rule is to be negotiated
Agency certifies that the rule : ! has been I will be negotiated with interested persons as outlined in ldaho Code 67-5220(3)
tr Lack of identifiable representatives of affected interests; or
E Affected interests are not likely to reach consensus; or
A other.
Please explain:
Adoption of more current federal rules for Safety and Accident Reporting for the Pipeline Safety program.
I Negotiation of this rule is not feasible
tr Rub is temporary; or
tr Rule is simple in nature; or
Provide a fiscal impact statement for all programs affected. Be sure to reflect both positive and negative impacts and to include all fund
sources including both the General Fund and dedicated funds:
There is no fiscal impact on any state funds resulting from this rulemaking.
Provide a short explanation of the need for this rule:
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 October 2014 edition of 49 Code of
Federal Regulations (CFR) Parts 191-193, 195 and 199 addressing the construction and operation of natural gas pipelines, and the April 20'14 Edition of '18
CFR Part 260.9. The Commission proposes to update Rule 201 by adopting lhe 2017 editions of the CFRS. There are no maior revisions to regulations.
Does this rule adopt amendments to materials previously incorporated by reference? [ Yes E ruo Filename: A9O0-2018-1 .docx
Provide a short summary of the changes this rule makes:
The Commission proposes to update applicable pipeline safety rules by adopting lhe 2017 editions of the CFRs.
Provide a list of those pensons or interested group(s) affected by the rule:
Gas pipeline operators.
Monday, Aug 28, '17 '10:30 AM Page 1 of 2
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Special Assistant: Katrine Franks Recommendation: I Recommended ! ttot Recommende6 Date: 0811712017
Comments:
Updates the rules referring to federal regulations of gas and pipeline utilities to the 2017 edition. Proceed.
DFM Administrator Action 08t22t2017
E Authorized to Advance to Rulemaking Process, DFM to review draft rule prior to publication
@ Approved ! NotApproved
Monday, Aug 28, '17 10:30 AM Page 2 ol 2
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RULEMAKING CHEGKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 3l-1101-1701
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.1 1.01 -- S
Agency:Idaho Public Utilities Commission
Agency Contact and Phone Number: Brandon Karpen 334-0357
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
_Confering a benefit.
Pending Rule _ Date Pending Rule Will 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 (S10,000) 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 ofdocument(s) incorporated by reference.
Yes. Code of Federal Regulations.
HAVE YOU.
xx l. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?XX
HAVE YOU INCLUDEDxx1. An approved Administrative Rules Request Form (AARI')?
2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?xx