20050830Legislative Services Office memo.pdf

Legislative Services Office,cEIVED
Idaho State Legislature
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State Capitol
O. Box 83720
Boise, ID 83720-0054
208/334-2475; Fax [phone] .
www2.state.id.us/legislat
Carl F. Bianchi
Director
TO:Germane Subcommittees for Administrative Rules Review
of the Senate and House of Representatives State Affairs Committees
FROM:
DATE:
Research and Legislation Staff, Nugent WI
August 29, 2005
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SUBJECT: Three Sets of Proposed Rules of the Public Utilities Commission
The Public Utilities Commission is proposing to promulgate three sets of proposed rules. Thefirst set of rules deals with customer relations rules of the Public Utilities Commission. Thesecame about as a result of the Idaho Community Action Network filing a petititon for rulemaking
recommending that that Commission adopt six (6) proposed changes to its Utility Customer
Relations Rules. The Commission then initiated negotiated rulemaking which included theCommunity Action Network, Idaho Power, PacificCorp, Avista, Intermountain Gas, theCommunity Action Partnership Association of Idaho, the Idaho Office of Refugees, Idaho LegalAid, the North Idaho Community Action Agency and the Commission Staff.
The Commission notes that the negotiated rulemaking did not result in consensus among the
parties. The Commission is proposing several changes to its Utility Customer Relations Rules.
First Rule 305 is proposed to be amended regarding the contents of the notices that utilities are
required to give customers before terminating service during the three winter months (December
January and February). During the winter moratorium, utilities are prohibited from terminatingnatural gas or electric heating services for residential household customers with children, elderlyor infirm persons. Next Rule 306 is proposed to be amended to revise the eligibilityrequirements and the operation of the winter moratorium. The rule change would expandmoratorium eligibility to include households receiving financial assistance through the
Low-Income Energy Assistance Program during the current program year. Customers whoparticipate in the winter payment plan (payments equal to one-half of the annual level pay planmay participate in successive years of the winter payment plan). Eligible customers participatingin the moratorium may maintain their participation if they move to another residence during the
three months and the utility company would be required to turn on service at the new residence.
Current Rule 322.01 prohibits the termination of utility services on Saturday, Sunday, a legal
holiday or after 2:00 p.m. on any Friday or on any day immediately preceding any legal holiday.
The Commission is proposing to amend this rule by prohibiting disconnection any day
immediately preceding a holiday and moving the 2:00 p.m. threshold on Friday to twelve noon.Rule 701.04 is proposed to be amended to require that the Commission provide utilities with a
model" of the annual summary of rules including a Spanish language model.
Mike Nugent, Supervisor
Research & Legislation
mnugent(illlso.statejd. us
Jeff Youtz, Supervisor
Budget & Policy Analysis
jyoutz(illlso.state.id. us
Ray lneck, Supervisor
Legislative Audits
rineck(illlso.state. id. us
Glenn Harris, Supervisor
Network Administration
gharris(illlso.state. id. us
Serving llano lJ Citizen LeqiIJfafuro
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The second set of proposed rules relates to safety and accident reporting rules by utilities.
The Commission is proposing to amend Rule 201 which adopts the federal safety regulations
applicable to natural gas utilities and pipelines. The Commission indicates that this year thePipeline and Hazardous Materials Safety Administration (PHMSA) made two changes to the
federal pipeline safety regulations. First, PHMSA promulgated new requirements for individualswho perform certain safety related tasks on pipelines. The new requirements address personneltraining, notice of training program changes, government review and verification of suchprograms, and use of on-the-job training as qualification methods. Second, PHMSA'regulations required pipelines to develop and implement public awareness programs to promotepipeline safety.
The third set of proposed rules amends the Commission s rule for transportation of hazardousmaterial by rail by incorporating the federal regulation changes. The federal regulations definefunctions of pre-transportation and transportation and clarifies unloading and storage of
hazardous material on shippers' property as non-regulated functions, defines terms for personswho offer hazardous material and provides packaging requirements for very low-graderadioactive material.
It appears that all three sets of proposed rules have been promulgated within the statutory
authority granted to the Public Utilities Commission.
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cc: Idaho Public Utilities Commission
Beverly Barker
Deputy Attorney General Donald L. Howell, IT