20070731Notice of Rulemaking.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES FOR
UTILITIES REGULATED BY THE
IDAHO PUBLIC UTILITIES COMMISSION
~\.)L-U - cs1,olDOCKET NO. 31-1101-0701
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. This action
is authorized pursuant to Section 61-515, Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or anagency, not later than September 20, 2007. The hearing site will be accessible to persons with
disabilities. Requests for accommodation must be made not later than five (5) days prior to the
hearing, to the Commission s address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The Commission s Safety and Accident Reporting Rules currently adopt by reference severalnational safety codes and federal safety regulations. In particular, Rules 202 and 203 currentlyadopt by incorporation the 2003 Editions of the International Fuel Gas Code and theInternational Mechanical Code, respectively. These codes are published by the International
Code Council. The Commission is proposing to update its Rules 202 and 203 by adoption of the
2006 Editions. The major revisions included in the 2006 Edition of the Fuel Gas Code include:prohibited locations for appliances (Section 303.3); vent piping (Section 403.6.3); a requirement
to check for leaks before operating piping system (Section 406.6.4); connecting gas supply to
appliances in manufactured homes (Section 411); and standards for single-wall metal pipe
(Section 503.10.14). The major revision to the 2006 Edition of the International Mechanical
Code includes new standards regarding the location of exhaust outlets in Section 501.2.
The Commission is also proposing changes to Rules 301.03 and 302.04. These Safety andAccident Reporting Rules adopt by incorporation new reporting requirements regarding natural
gas pipelines. In response to pipeline outages caused by hurricanes Katrina and Rita, the Federal
Energy Regulatory Commission (FERC) adopted new safety regulations about the reporting of
major service interruptions and damage to natural gas pipelines. The Commission proposes toamend its Safety and Accident Reporting Rules by incorporating the new accident reportingprocedures found at 18 C.R. ~ 260.9. Finally, the Commission is proposing to make several
housekeeping corrections to its Safety and Accident Reporting Rules regarding mailing
addresses, telephone numbers, e-mail addresses, and citations to other authorities.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , negotiated rulemaking
was not conducted because this proposed rule adopts updated national safety codes necessary for
the safety of utility employees and the public during the installation, operation, or maintenance
of natural gas pipelines, fuel gas systems and natural gas-fired appliances.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Donald L. Howell, II, Deputy Attorney General , at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
September 27, 2007. Persons desiring to comment are encouraged to submit written comments
at their earliest convenience rather than wait until the comment deadline.
DATED this 31 sl day of July 2007.
J~ D. Jewell
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5983
IDAPA 31
TITLE
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
005.DEFINITIONS (RULE 5).
01. Utilities. The terms "electrical corporation
" "
gas corporation
" "
pipeline
corporation
" "
telephone corporation " and "water corporation" have the meanings given to them
by statute in Chapter 1 , Title 61 , Idaho Code, orders of the Idaho Public Utilities Commission
and decisions of the Supreme Court of Idaho construing these statutes.(7 1 93)(
02.Serious Damae:e. "Serious damage" means damage to natural gas facilities caused
by a natural disaster or terrorism that results in a loss of or reduction in pipeline throughput or
storage deliverabilitv.
03. Serious Interruption of Service. "Serious interruption of service" means
interruptions of natural gas pipeline service to communities, major governmental installations,
and large industrial plants outside of communities or any other interruption that is significant in
the judgment of the natural gas pipeline. Interruptions of less than three (3) hours or planned
maintenance outages need not be reported.
(BREAK IN CONTINUITY OF SECTIONS)
008.INCORPORATION BY REFERENCE - CODE OF FEDERAL REGULATIONS
(RULE 8).
Rules 101 , 201 , 202 , and 203, and 302 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 indicates 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. (3 30 01)(
(BREAK IN CONTINUITY OF SECTIONS)
201. FEDERAL NATURAL GAS SAFETY REGULATIONS - 49 C.R. PARTS 191,
192,193,195 L ND 199 (RULE 201).
The Commission adopts incorporates by reference Part 260.9, Title 18 (April 1, 2007) and Parts
191 , 192, 193, 195, and 199, Title 49, the Code of Federal Regulations (October 1 , 200~1),
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
S. Government Printing Office, Superintendent of Documents, Attn: New Orders, PO Box
371954, Pittsburgh, P A 15250-7954. The incorporated CFR Parts are also available in electronic
format at w\yw.access.gpo.gov/nara www.gpoaccess.gov/nara. All gas and pipeline corporations
subject to the Commission s jurisdictiQn are required to abide by applicable provisions of these
federal regulations adopted by reference. (1 11 06)(
202.INTERNATIONAL FUEL GAS CODE (IFGA) (RULE 202).
01. Adoption Incorporation by Reference. The Commission adopts incorporates
reference the International Fuel Gas Code, 200;;2 Edition and the errata dated ,~pril 23 , 2003
The International Fuel Gas Code is published by the International Code Council 5203 Leesburg
Pike, Suite 600, Falls Church, VL ~ 22011 300 New Jersey Avenue, NW, 6th Floor, Washington
C. 20001-2070 . The Code is available from the Code Council and may be ordered online at
www.iccsafe.org. Telephone orders may be placed by calling toll-free 800-281 1106786-4452
(3 20 01)(
02.Utility Compliance. All gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the International Fuel Gas Code
and to connect for service and light only those installations that: (3-20-04)a. Have been inspected and approved by authorized agencies; or (4-98)
When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the International Fuel Gas Code as a condition of receiving service or
continuing to receive service.(3-20-04)
203.INTERNA TIONAL MECHANICAL CODE (IMC) (RULE 203).
01. doption Incorporation by Reference. The Commission adopts incorporates
reference those portions of the 200;;2 International Mechanical Code explicitly referring to gas
or gas-burning appliances. The International Mechanical Code is published by the International
Code Council 5203 Leesburg Pike, Suite 600, Falls Church, '1/\ 22011 300 New Jersey Avenue,
NW, 6th Floor, Washington D.C. 20001-2070 and may be ordered by calling toll-free 800-2-&4-
44Q6 786-4452 or online at www.iccsafe.org (3 20 01)(
02. Utility Compliance. Gas corporations subject to the jurisdiction of this
Commission are required to abide by applicable provisions of the International Mechanical Code
and to connect for service and light only those installations that: (3-20-04)
a. Have been inspected and approved by authorized agencies; or (4-98)
When inspecting agencies do not exist, to require their customers to abide by
applicable provisions of the International Mechanical Code as a condition of receiving service or
continuing to receive service.(3-20-04)
(BREAK IN CONTINUITY OF SECTIONS)
RULES 300 THROUGH 400 -- REPORTING OF ACCIDENTS
AND SERVICE INTERRUPTIONS
301. IMMEDIATE REPORTING OF F AT ALITIES1 AND CERTAIN ACCIDENTS
AND MAJOR NATURAL GAS INTERRUPTIONS (RULE 301).
01. Fatality and Accident Reporting Required Whenever any employee of an
electrical corporation, gas corporation, pipeline corporation, telephone corporation, or water
corporation or any member of the public dies or requires in-patient hospitalization as a result of
contact with or proximity to utility operating property, the utility must notify the Commission by
telephone of the fatality or hospitalization no later than the first business day following discovery
of the fatality or reporting of the hospitalization, except as provided in Subsection
31.11.01.301.02. Reports should be made to the Commission Secretary at [phone].
(1 1 98)(
02.Operating Property - Automobile Accident Exception. As used in this rule
operating property means electric plant as defined in Section 61-118, Idaho Code, gas plant as
defined in Section 61-116, Idaho Code, pipelines as defined in Section 61-114, Idaho Code
telephone line as defined in Section 61-120 , Idaho Code, or water systems as defined in Section
61-124, Idaho Code. This rule does not apply to fatalities arising out of automobile accidents
even if the automobile later comes into contact with utility plant. Office buildings or portions of
office buildings not associated with the physical delivery of utility services or commodities are
not considered operating property. (4-98)
03. Major Service Interruptions or Damae:e to Natural Gas Pipelines. The
Commission incorporates by reference Section 260.9, Title 18, the Code of Federal Regulations
(April 1, 2007). Every natural gas corporation must report serious damage to natural gas
facilities and serious interruptions of service to the Commission. Natural gas corporations
should also report other serious damage not caused by natural disaster or terrorism if such
damages create the potential for serious delivery problems on its own system or the pipeline grid.
302. WRITTEN REPORTING OF ACCIDENTS AND NATURAL GAS
INTERRUPTIONS (RULE 302).
01. Reporting Required. In addition to any telephone reporting required under Rule
301 , a written report shall be submitted for:
eEvery accident involving an employee of the utility or member of the public that
results in a fatality or in-patient hospitalization; ef
aAny other accident the utility finds significant: or
Serious damage or service interruption of natural gas pipelines.
02.Submittine: the Written Report. All written reports must be submitted to the
Commission within twenty-one (21) days after the fatality or injury is discovered. Reports
regarding serious damage or service interruption shall be submitted at the earliest feasible time.
Reports should be mailed to:
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE ID 83720-0074
(7 1 93)(
Street Address for Express Mail:
472 W WASHINGTON ST
BOISE ID 83702-5983
Copies of such reports may also be provided by facsimile at [phone] or by electronic mail
to secretary~uc.state.id.. (5-03)
01.~. Contents of Written Accident Report. There is no standard form for written
reports prescribed by this rule. Gas companies may file copies of reports submitted to federal
regulators under 49 C.R. Part 191. All reports submitted must contain the following
information:
etc.
Name ofperson(s) involved in the accident;
(7 1 93)(
(7-93)
Status of persons involved in the accident (e., employees, children, contractors
(7-93)c. Time of day, day of the week and month, and location of the accident or discovery
of the accident; and (5 3 03)(
Description of the accident and events leading up to the accidenh~ and
(7 1 93)(
The company name, contact person, e-mail address and direct telephone number.
04. Contents of Written Report Involvine: Damae:e or Interruption to Natural Gas
Facilities. All written reports shall provide the following information:
The location and cause of the service interruption or damage to natural gas pipeline
or storage facilities~
The nature of the serious damage to pipeline or storage facility~
The specific identification and location of any facilities damaged;
The time the service interruption or damage to facilities occurred~
The customers affected by the interruption of service or damage to facilities~
1":A brief description of emergency actions taken to maintain service~
An estimate of the time (if available) when pipeline throughput or storage
deliverables are expected to be restored~ and
h. The company name, contact person, e-mail address and direct telephone number.