20171020Decision Memo.pdf

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DECISION MEMORANDUM
TO COMMI SSIONER KIELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:BRANDON KARPEN
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 18,2017
SUBJECT: UPDATING THE COMMISSION'S UTILITY SAFETY AND ACCIDENT
REPORTING RULES; IDAPA DOCKET NO. 3t-l l0l-1701
On October 4, 2017, the Commission caused to be published in the ldaho
Administrative Bulletin a Notice of Proposed Rulemaking for the purpose of updating its Utility
Safety and Accident Reporting Rules (IDAPA 3l.ll.0l). The Commission proposed to update
its Safety Rules by incorporating thc most rcccnt editions to the national safety codcs applicable
to electric and natural gas utilities, and adopting federal safety regulations applicable to natural
gas and pipeline utilities. In its rulcmaking, the Commission proposed to adopt the 2017 updates
of Part 260.9, Title 18; and Parts l9l, 192, 193, 195, and 199, Title 49, the Code of Fcderal
Regulations. The Notice is attached for your review.
Thc Notice required that intercsted persons file wrinen comments no later than
October 18,2017, The Commission received no written comments. The Commission did receive
a letter from the Legislative Services Offrce indicating that it considered the proposed
rulemaking within the Commission's authority. Staff has recommended that thc Commission
adopt its proposed rules as a pending rule and submit it for legislative review in 2018.
COMMISSION DECISION
Does the Commission wish to adopt the proposed rule as its pending rule? Does the
Commission wish to publish its Notice of Pending Rule in the Deccmber 6,2017, edition of the
Administrative Bullctin and submit the pending rule for legislative review in 2018?
DECISION MEMORANDUM
I UISdLMEMOS\RULG I 701 bk doc
Deputy Attomey
I
IDAPA 31 - IDAHO PUBLIC UTILITIES COIIMISSION
3 t . I r . 0 I - sA FEw A *fl 8",8r,ff l,}sfi8iiliifr[tl5gfi m HEHr'.s REG u LAIED By
DOCKET NO. 3r.1r0r-r70r
NOTICE OF RULEUAKING - PROPOSED RULE
AUIHORITV: ln compliancc rvith Sccthn 67.5221(lr,ldaho Codc, noticc is hercby givcn thrt the ldaho Public
Utilities Commirsion hrs initiatcd pmpotd rulemaking plocedurel. This action is authorizcd puniusnt to Scction 6l-
515, ldrho Codc.
PUBLIC HEARING SCHEDULE: Public hcaring(s) conccrning this rulcmakiq will bc schcdulcd if requcstcd in
rwiting by nventy-fivc (25) pcnons, r political subdivision, or sn sgcrcy, not later thon October I t, 20 17.
Thc hcaring sitc(s) will bc rccessible to pcrons with disebilitics. Rcquesu for rccommodation must bc mde not
latcrthan livc (5)drys priorto thc hcaring, to thc agcrcy addrcss bctow.
DESCilPTM SUMIIIARY: Thc following is a nontcchnical cxplamtion of thc substsocc and purpose of the
proposcd rulemaking:
The Commission's Safcty and Accidcnt Rcporting Rulcs (IDAPA 3l,l l.0l ) adopt by refcrcncc scveral national
safety codes applic$le to electric and natural gas ulilitics urd fedcral sofety rcgulations applicablc to nsnual gas and
pipclinc utilitics. Currently, Rulc 201 adops thc Octobcr 2014 edition of 49 Code of Fcderal Rcgulations (CFR) Parts
l9l-193, 195, and 199, addressing the construction and opcrataon of natural gas pipelincs, and the April 201,f cdhionof lt CFR Part 260.9.
Sincc thc publication ofthosc cditions, thcre havc bccn scvcral minor updstcs and revisiom to the safety coder,
including omendments rcloting to thc tcchnicd rcquiremcnts of materials, installation metho& urd usc, updatcd
rcferences to technical st8ndads, and other non-substantivc editorial corections. Thcrc hss alrc becn cdded rules
rclrtingro cxpandcd usc of cxccss flow vslvcs in gas distribution systcms. Thcre arc no major rcvisions to tbc codes
rn questron.
FEE SUMMARY: Thcrr arc no fces associstcd with this proposed rulcmahing.
FISCAL IMPACT: There is no fiscal impoct on the $atc gcncral fund rcsulting from this nrlcm*ing.
NEGOTIATEO RULEMAKING: Punuanl to Scction 67-5220{2),ld$o Code, negotiated rulcmaking wss not
conducted bccausc this proposed ruh odopts updotcd nationat safcty codcs rnd fcdcral regulations neccssary for thc
safcry of utility cmployees &nd thc public during thc installation, opcrrtion, or maintenancc of natural gas pipelines,
fuel gas systcms and natural gas-lired appliances.
II{CORPORATION BY nf,fERENCE: Purrumt to Scclion 67.5229(2), ldaho Codc, the following is a bricf
synopsis of why thc mnterials cited arc being incorporatcd by rchrcncc into this rulc:
Adoption of thc cuncnt national safety codcs ond thc CFRs will mrke thcsc rules coosistcnt with fodcral safcry
rcgulrtions conceming naturrl gas and plfrlinc utiliti€s. ln rddition, incorporalion of thc two othcr national safcty
codcs will promote the safety of utility cmployees, utility customers. and thc public. Finalln incorporation by
rcfcrencc will mitigate the nccd to publish hundreds of poges of safety codcs.
ASSTSTANCE ON TECHNICAL QUESTION$ SUBMISSION OF WRITTEN COMMEI{TS: For assislancc
on technical questions conserning the pmposed rulc, contact Brandon Karpcn, Deputy Attomey Gcncml, st (20E)
334-0357
Anyonc may submit written comments rcgarding this proposed rulemating. All wrincn commcnts must be
directcd lo thc Commission Sccrctary and must bc delivcrcd on or bcfore Octobcr 25,2017. Persons dcsiring to
commcnl arc encouraged to submit written commcnts at thcir cadiesl convcnicncc rather than wait until the comment
dcadline.
ldrho Administra(ivc Bullctin Pagc dSE Oclobcr 4,2017 - Yol, l?-10
rlDAHO PUAUC UnUnES Co'ltlt SSrOn'
Safefy & Accldent Reporttng Rul* lor Utlttles Regulated by IPUC
Docket No. 31-1101-1701
Proposed Rulsmaklng
DATED thir 29th day ofAugu*,2017.
Dianc M. Hanian, Commission Sccrctary
Idaho Public Utilitics Commission
P0 Box E3720
Boise, lD t3720-0074
Strcct address for exprcss delivery:
472W. trVashinEon
Boisc, Idaho 83702-59 I E
Phonc: [phone] / Fa* (20t) 134-}762
TIIE FOLLO1VING IS THE PROPOSED TEXT OF DOCKET NO. 3I.IIOI-I7OI
(Only Thosc Scclions tYlth AmendmcnG Arc Shown.)
201. FEDnRALNATURALCAS SAFETY REGULATIONS (RULE r0r).
Thc Commission incorpomtcr by rcfcrcncc Part 260.9, Titlc lt (Apdl l,201+:) and Prrts l9l, 192, 193, 195, and
199, Titlc 49, the Code of Fcdcnl Rcgulathns (Octobcr l, 20lJ.j), exccpt thst fedcral accident reporring
requircmcnls containcd in the rules adopted by rcfercncc in Rulc 201 are rcplaced for state reporting purposes by
orders of the Commission or rules of thc Cornmission. Thesc rcgulrtions arc found in thc Codc of Fedcnl
Rcgulations, availsble on thc wcb from the U.S. Governmcnt Bookstorc, htlp: ,boohstorc.gpo.go% and click on
"Codc of Fcdcral Rcgulations,'n or by calling toll*frcc E6G5 l2- l t00. Thc incorporotcd CFR Parts qrc also availablc
in elecfonic formal at hnps:,rrrrw.gpogovifclsys. All gas and pipclinc corporalions subjcct to lhc Commitsicn's
jurisdiction arc rcquircd to sbide by applicable provisions ofthcsc fcdcral regulotions rdopted by referencc.(+,Halt j
Ideho Administrativc Bullctin Pagc 459 Odobcr 4,2017 - Vol. 17-10