31-1101-0001_PUCnotice_dh.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO RULES GOVERNING SAFETY AND ACCIDENT REPORTING FOR PUBLIC UTILITIES, IDAPA 31.11.01.000 ET SEQ.
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CASE NO. 31-11010001

NOTICE OF PROPOSED
RULEMAKING

BY THIS NOTICE WE PROPOSE to amend the Commission’s Safety and Accident Reporting Rules (IDAPA 31.11.01) by adopting the updated versions of various national safety codes and federal gas pipeline safety regulations. The Commission’s Safety and Accident Reporting Rules (hereinafter the Safety Rules) were last updated in 1997. Idaho Code § 61-515 authorizes the Commission to promulgate safety rules or standards for public utilities.
The Commission proposes to adopt by reference the following national safety codes and regulations:

1. Gas Pipeline Safety. The Commission’s Safety Rule 201 adopts various parts of Title 49 of the Code of Federal Regulations pertaining to gas and pipeline corporations. The Commission proposes amend its rules by adopting the federal gas pipeline safety regulations dated October 1, 2000.

2. National Fuel Gas Code (NFGC). The Commission’s Safety Rule 202 adopts by reference the 1996 edition of the NFGC. The Commission proposes to adopt the 1999 edition.

3. Uniform Mechanical Code (UMC). The Commission’s Safety Rule 203 adopts by reference portions of the 1997 edition of the UMC. The Commission proposed to adopt the 2000 edition of UMC plus the undated first errata.

In addition to adopting the updated version of the various safety codes and federal regulations, the Commission also proposes to add a “housekeeping” rule (Rule 8).
Two appendices are attached to this Notice of Proposed Rulemaking. Appendix A is a Notice of Proposed Rulemaking suitable for transmission to the Administrative Rules Coordinator. Appendix B is the proposed rule in legislative format showing the proposed amendments to the rules. As explained in Appendix A, the comment deadline for this Notice of Proposed Rulemaking is October 25, 2000.

NOTICE OF PROPOSED RULEMAKING
The Idaho Public Utilities hereby gives notice of its proposal to amend its rules governing safety and accident reporting for public utilities, IDAPA 31.11.01.000 et seq. pursuant to Idaho Code § 61-515. The proposed amendments to the Safety Rules are contained in Appendix B.
PROPOSED by the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER
ATTEST:

Myrna J. Walters
Commission Secretary

vld\N:31-1101-0001_PUC.notice_dh

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. 31-1101-0001

NOTICE OF PROPOSED RULES

AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Idaho Public Utilities Commission’s proposed rulemaking. This action is authorized pursuant to Section 61-515, Idaho Code.

PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than October 18, 2000. The hearing site will be accessible to persons with disabilities. Request for accommodations must be made not later than five (5) days prior to the hearing, to the Commission’s address set out below.

DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose of the proposed rules:

The Commission’s Safety and Accident Reporting Rules currently adopt by reference several national safety codes and the federal gas pipeline safety regulations. Several of these national safety codes and regulations have recently been updated. The Commission is proposing to adopt the updated version of the safety codes and regulations.

Existing Rule 201 adopts various parts of Title 49 of the Code of Federal Regulations pertaining to gas and pipeline corporations. The Commission proposes to adopt the updated safety regulations promulgated by the United States Department of Transportation found at 49 C.F.R. Parts 191, 192, 193, 195, and 199 (effective October 1, 1999).

The Commission also proposes to update Rule 202 by adopting the 2000 edition of the National Fuel Gas Code. The Commission also proposes to adopt the 2000 edition of the Uniform Mechanical Code. Finally, the Commission proposes to make a few non-substantive and format changes to its Safety Rules.

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811, negotiated rulemaking was not conducted because these proposed rules adopt updated national safety codes and regulations dealing with the provision of electricity, natural gas, telecommunications, and water services.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the proposed rules, contact Donald L. Howell II, Deputy Attorney General at [phone] or David Schunke, Deputy Administrator at [phone].

DEADLINE FOR WRITTEN COMMENTS: Anyone may submit written comments regarding these proposed rules. All written comments and data concerning the proposed rules must be delivered to the Commission Secretary at the address identified above or must be postmarked on or before October 25, 2000. Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline.

DATED this day of August 2000.

Myrna J. Walters Street Address for Express Mail
Commission Secretary
Idaho Public Utilities Commission 472 West Washington Street
PO Box 83720 Boise, ID 83702-5983
Boise, ID 83720-0074
Telephone: [phone]
FAX: [phone]

IDAPA 31
TITLE 11
Chapter 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES FOR UTILITIES
REGULATED BY IDAHO PUBLIC UTILITIES COMMISSION

008. INCORPORATION BY REFERENCE—CODE OF FEDERAL REGULATIONS (RULE 8).
Rules 101, 201, 202 and 203 incorporate by reference various national safety codes and federal gas pipeline safety regulations. Each applicable rule identifies the issuing entity for each code or regulation and indicate where the incorporated materials may be obtained. Incorporated materials are also available for inspection and copying at the offices of the Idaho Public Utilities Commission and the Idaho State Law Library. ( )

0089. -- 100. (RESERVED).

(BREAK IN CONTINUITY OF SECTIONS)

201. FEDERAL REGULATIONS--49 C.F.R. PARTS 191, 192, 193, 195 AND 199 (Rule 201).
The Commission adopts by reference Parts 191, 192, 193, 195, and 199, Title 49, the Code of Federal Regulations (October 1, 19969), 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 from the, U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328 Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The incorporated CFR Parts are also available in electronic format at www.access.gpo.gov/nara. 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. (4-1-98)( )

202. NATIONAL FUEL GAS CODE (NFGA) (Rule 202).
01. Adoption By Reference. The Commission adopts by reference the NFPA 54 ANSI Z223.1 National Fuel Gas Code, 19962000 Edition and the errata 99-1 dated April 13, 2000. The 19969 Edition of the National Fuel Gas Code is designated as ANSI Z.223.1-19929 by the American National Standards Institute, Inc. (ANSI), and as NFPA 54-19969 by the National Fire Protection Association (NFPA). The National Fuel Gas Code is jointly published by the American Gas Association, Codes and Standards, 1515 Wilson Blvd., Arlington, Virginia 22209 400 N. Capitol Street, NW, Washington, D.C. 20001, and the National Fire Protection Association, 1 Batterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, and is available from them and may be ordered by calling 1-800-344-3555. All gas corporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the National Fuel Gas Code and to connect for service and light only those installations that:
(4-1-98)( )
a. Have been inspected and approved by authorized agencies; or (4-1-98)

b. When inspecting agencies do not exist, to require their customers to abide by applicable provisions of the National Fuel Gas Code as a condition of receiving service or continuing to receive service. (4-1-98)

203. UNIFORM MECHANICAL CODE (UMC) (Rule 203).
01. Adoption By Reference. The Commission adopts by reference those portions of the Uniform Mechanical Code 1997 2000 Edition and the undated first errata explicitly referring to gas or gas-burning appliances; provided, however, that unvented room heaters not meeting the requirements of Section 807(c) of the Uniform Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.2 of the National Fuel Gas Code. The Uniform Mechanical Code 1997 2000 Edition is published by the International Association of Plumbing and Mechanical Officials, 20001 South Walnut Drive, Walnut, California 91789-2825 and may be ordered by calling 800-284-4406. Corporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the Uniform Mechanical Code and to connect for service and light only those installations that: (4-1-98)( )

a. Have been inspected and approved by authorized agencies; or (4-1-98)

b. When inspecting agencies do not exist, to require their customers to abide by applicable provisions of the Uniform Mechanical Code; provided, however, that unvented room heaters not meeting the requirements of Section 807(c) of the Uniform Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.2 of the National Fuel Gas Code as a condition of receiving service or continuing to receive service. (4-1-98)

NOTICE OF PROPOSED RULEMAKING -1-

APPENDIX A

APPENDIX B

Office of the Secretary
Service Date
August 28, 2000