20001026_dh.doc

DECISION MEMORANDUM

TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
JEAN JEWELL
RON LAW
LOUANN WESTERFIELD
TONYA CLARK
DAVE SCHUNKE
RANDY LOBB
BEV BARKER
DAVE HATTAWAY
WORKING FILE
FROM:
DATE:
OCTOBER 27, 2000 RE: PROPOSED AMENDMENTS TO THE COMMISSION’S SAFETY AND ACCIDENT REPORTING RULES, CASE NO. 31-1101-0001

On August 28, 2000, the Commission initiated a rulemaking docket to update its Safety and Accident Reporting Rules found at IDAPA 31.11.01. On September 26, 2000, the Commission issued an errata to include an additional reference to the Federal Register of September 8, 2000.
On October 4, 2000, the Administrative Rules Office published the “official” proposed changes in the Administrative Bulletin at pages 589-91. Written comments concerning the proposed changes were to be filed with the Commission Secretary no later than October 25, 2000. In a letter dated September 25, 2000, Legislative Services stated that the Senate and House Subcommittees for review of Administrative Rules report that “no objections will be filed” to the proposed amendments. There were no other comments submitted in response to the Commission’s Notice.
THE PROPOSED AMENDMENTS
In its Notice, the Commission proposed to adopt the updated versions of various national safety codes and the federal pipeline safety regulations. In particular, the Commission proposed to adopt the current gas pipeline safety regulations as of 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.
The Commission also proposed to adopt a safety rule regarding the abandonment of underwater pipeline facilities. Although this rule was published in the Federal Register on September 8, 2000, the new rule was not effective until October 10, 2000. Consequently, this final rule would not be published in the Code of Federal Regulations until October 2001. The proposed changes are attached for your final review.

COMMISSION DECISION
As previously mentioned, other than Legislative Services, there were no written comments submitted regarding the proposed changes to the Safety and Accident Reporting Rules. Does the Commission wish to adopt the proposed rules as pending rules? Does the Commission wish to make any final corrections/changes to the rules?

vld/M: 31-1101-0001_dh3

DECISION MEMORANDUM 1