GO206.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

GENERAL ORDER NO. 206

ADOPTION OF PENDING RULE

On August 28, 2000, the Commission issued a Notice of Proposed Rulemaking to amend its 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. On September 26, 2000, the Commission issued an erratum to its proposed rulemaking to include a reference to a new gas pipeline safety regulation found at 65 Fed. Reg. 54,440 (September 8, 2000). In addition to adopting the updated edition of the National Fuel Gas Code, the Uniform Mechanical Code and the federal Gas Pipeline Safety Regulations, the Commission also proposed one “housekeeping” amendment.
On October 4, 2000, the Administrative Rules Office published the proposed amendments in the Administrative Bulletin, Vol. 00-10 at pages 589-91. Written comments concerning the proposed changes were to be filed with the Commission Secretary no later than October 25, 2000. There were no written comments submitted in response to the Commission’s notice.
THE PROPOSED AMENDMENTS
In its Notice, the Commission proposed to adopt the updated editions of various safety codes. In particular, the Commission proposed to adopt the federal gas pipeline safety regulations dated October 1, 2000; the 1999 edition of the National Fuel Gas Code; and the 2000 edition of the Uniform Mechanical Code plus its first undated errata. In addition, the Commission also proposed to adopt a gas pipeline safety regulation concerning underwater facilities which was publish in 65 Fed. Reg. 54,440 (September 8, 2000). The safety regulation contained in the Federal Register was effective October 10, 2000. Finally, the Commission proposed to adopt a new Rule 8 which reflects that the Commission’s Safety and Accident Reporting Rules adopt other materials by reference.
FINDINGS
The Commission finds it reasonable and appropriate to adopt the proposed amendments to our Safety and Accident Reporting Rules, IDAPA 31.11.01. The Commission further finds that there were no public comments filed in opposition to the proposed changes. As noted in the Notice of Proposed Rulemaking, the Commission periodically adopts updated editions of various national safety codes and the federal gas pipeline safety regulations. The public and utility employees are well served by our adoption of the updated safety codes.
GENERAL ORDER
IT IS HEREBY ORDERED that the Commission hereby adopts the proposed amendments to its Safety and Accident Reporting Rules (31.11.01) as pending rules. The pending rules shall be transmitted to the Administrative Rules Coordinator for publication in the next Administrative Bulletin on January 3, 2001.
IT IS FURTHER ORDERED that the pending rules and amendments adopted in this Order shall be submitted to the 2001 Legislature for review. If approved, the pending rules shall become final and effective unless rejected or amendment upon legislative approval by concurrent resolution or upon the date specified in the concurrent resolution.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) in Case No. 31-1101-0001 may seek judicial review under Idaho Code § 67-5270 and Commission Rule 401 (IDAPA 31.01.01.401) regarding any matter decided in this Order.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of November 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:31-1101-0001_gen order_dh

GENERAL ORDER NO. 206 1

Office of the Secretary
Service Date
November 6, 2000