27851.docx

(text box: 1)BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE REQUEST OF CENEX HARVEST STATES FOR AN EMERGENCY EXEMPTION FROM MOTOR CARRIER RULE 19, IDAPA 31.61.01.019.
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CASE NO. GNR-M-98-2
ORDER NO. 27851
On December 23, 1998, Cenex Harvest States filed a request that it be granted an emergency exemption from the federal “Hours of Service” rules adopted in our Motor Carrier Rule 19, IDAPA 31.61.01.019.  Motor Carrier Rule 19 adopts the federal Motor Carrier Safety Regulations which, among other things, prohibit a motor carrier from using a driver’s services for more than: (1) “15 hours following 8 consecutive hours off duty”; or (2) “70 hours in any period of 8 consecutive days.”  49 C.F.R. § 395.3(a)(2) and (b)(2).  The Company requests a waiver of these federal Motor Carrier Safety Rules so that its drivers may distribute propane and fuel oil to customers in Idaho during this period of inclement weather.  
In its request, Cenex Harvest indicated that the interstate distribution of heating fuels has been disrupted.  Consequently, its delivery drivers must transport propane and fuel oil over greater distances and during greater hours of service.  In addition, the present condition of sub-zero temperatures places stress on the delivery systems.
On December 23, 1998, the Regional Manager of the Federal Highway Administration (FHA) declared a regional emergency pertaining to the interstate transportation of heating fuels.  “The emergency is the result of the interruptions in the availability and/or delivery of heating fuels at various locations in the [western United States including] Idaho.”  FHA Declaration of Emergency Notice.  The FHA Emergency Declaration remains in effect for the duration of the emergency or until 12:01 a.m., January 6, 1999, whichever is less.
Idaho Motor Carrier Rule 11 provides that the Commission may relieve intrastate carriers from the requirements of 49 C.F.R. Parts 390 through 399 following the declaration of an emergency.  In addition, 49 C.F.R. § 390.23(a)(1) provides that exemptions from the hours-of-service rules may be granted when a regional emergency has been declared.
Based upon the assertions contained in Cenex Harvest’s request and the issuance of a regional emergency declaration by the FHA, the Commission finds there is good cause to issue a declaration of local emergency pursuant to our authority granted in Rule 11.  Consequently, Cenex Harvest States is relieved from the requirements of the 70-hour rule and the 15-hour rule pursuant to 49 C.F.R. § 390.23(a)(1).  The Commission grants this emergency waiver for the duration of the emergency or until midnight, January 6, 1999, whichever is less.
O R D E R
IT IS THEREFORE ORDERED that Cenex Harvest States’ request for an emergency exemption from 49 C.F.R. §§ 395.3(a)(2) and (b)(2) is granted pursuant to our authority contained in Motor Carrier Rule 11 and 49 C.F.R. § 390.23(a)(1).  The Company is granted an exemption from the 70-hour and the 15-hour rules for the duration of the regional emergency or until midnight, January 6, 1999, whichever is less.
IT IS FURTHER ORDERED that the Commission Secretary shall transmit a facsimile to the State Police and the Idaho Transportation Department’s Port of Entry Headquarters.
THIS IS A FINAL ORDER.  Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No.  GNR-M-98-2 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No.  GNR-M-98-2.  Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration.  See Idaho Code § 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this                  day of  December 1998.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary
vld/O:GNR-M-98-2.dh
COMMENTS AND ANNOTATIONS
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Service Date
December 23, 1998