20110830Notice 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
DOCKET NO. 31-1101-1101 tZUL-U-/I-DI
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilties 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 ruemaking wil be
scheduled if requested in wrting by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 19, 2011.
The hearing site wil be accessible to persons with disabilties. 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 substace
and purose of the proposed ruemaking:
The Commission's Safety and Accident Reporting Rules curently adopt by incorporation
varous national safety codes applicable to electrc, telephone and natural gas utilities and federal
safety regulations applicable to natual gas and pipeline utilties. Curently, Rule 101 adopts the
2007 edition of the National Electrc Safety Code (NESC) published by the Institute of Electrical
and Electronic Engineers, Inc. Rule 201 adopts the 2010 edition of 49 Code of Federal
R~gulations (CFR) Pars 191-193, 195 and 199 addressing the constrction and operation of
natual gas pipelines. Next, Rule 202 incorporates by reference the 2009 edition of the
International Fuel Gas Code (IFGC) published by the International Code. CounciL. Finally, Rule203 incorporates by reference the 2009 edition of the International Mechanical Code (IMC) for
natual gas or gas-burning appliances. The Commission proposes to update these four safety
rules by adopting the 2012 edition of the NESC, the 2012 edition of the IMC, and the 2012
edition of the IFGC. The Commission also proposes to adopt the October 1,2011 edition of thepipeline safety CFRs and 18 C.F.R. Par 260.9.
1. Rule 101. There are several revisions to the 2007 edition of the NESC contained in
the 2012 edition of the NESC. First, Section 91 has been clarified concerning the procedures for
effectively grounding conductors and equipment. Second, Sections 94.B.(7) and 99.B. have been
revised concerning the length and thickness requirements for using a directly embedded meta
pole as a grounding electrode and changing the grounding conductor for communcation
equipment. Third, Section 110.A.(2) and Table 111-1 have been revised to reduce clearances
between fences and electric apparatus and the ilumination levels for generating states and
substations. Fourh, Section 214.A.(5) was revised to add consistency to the application of the
terms "grounded" and "effectively grounded." Fifth, Section 261.H.(1) was revised to address
the "tensions" standards for overhead supply conductors and shield wires. Next, Sections 441
and 41O.A.(3) were revised concerning the calculation of minimum approach distances and arc
flash exposure. Finally, Section 41O.A.(3) was revised to establish arc energy thresholds for
different equipment at voltage levels below 1,000 volts.
2. Rule 201. There are four revisions included in the 2011 edition of the federal pipeline
safety regulations contained in the CFRs. First, in October 2010, the Pipeline and Hazardous
Material Safety Administration (PHMSA) amended 49 C.F.R. Par 192, 193, and 195 by
adopting varous technical standards. Adoption of these technical standards allows pipeline
operators to use curent technologies, improved materials, and improve their management
practices. Adoption of these techncal standards does not require pipeline operators to tae on
any significant new pipeline safety initiatives. Second, in November 2010, PHMSA revised its
pipeline safety regulations to improve the reliability of data collected from operators of natural
gas pipelines. These amendments affect 49 C.F.R. Pars 191, 192, 193, and 195.
Third, in February 2011, PHMSA amended 49 C.F.R. Pars 191 and 192 to clarfy the
types of pipeline fittings involved in the reporting of compression coupling failures. These
changes require the operators of pipelines to report the failures of mechanical fittings and clarfy
the reporting requirements for "excess flow valves." These changes became effective in April
2011. Finally, in June 2011, PHMSA amended 49 C.F.R. Pars 192 and 195 to require pipeline
operators to implement procedures for the operation of their system "control rooms." These
operating procedures include shift lengths, maximum hours-of-service, and responses to alars.
These changes became effective August 15,2011.
3. Rule 202. There are three revisions included in the 2012 edition of the International
Fuel Gas Code. First, the International Code Council has revised Section 301.11 regarding the
location of mechanical equipment and systems located in flood hazard areas except for
equipment specifically designed and installed to be waterproof. Second, Sections 406.7.1
through 406.7.3 have been revised to improve the procedures and requirements for purging fuel
gas lines. Finally, Section 410.5 requires that a flashback arrester and backflow check valve be
installed on both fuel supply and oxygen lines when fuel gas is used in combination with oxygen.
4. Rule 203. There are three major revisions included in the 2012 edition to the
International Mechanical Code. First, Section 301.16 requires all mechanical equipment and
systems for strctures located in flood hazard areas to be elevated above flood level unless such
equipment is specifically designed to be waterproof. Second, Section 401.4 adopts new
provisions concerning the locations of air intake openings. In paricular, intae openings must be
located a minimum of 10 feet from property lot lines. Air intakes may be located less than 10
feet horizontally from a street, alley, parking lot, or loading zone as long as they are located not
less than 25 feet vertically from the surface below. Finally, Section 501 has been revised to
require that single or combined environmental exhaust systems must be independent of all other
exhaust systems.
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 Section 67-5220(2), Idaho Code, negotiated
rulemaking was not conducted because this proposed rule adopts updated national safety codes
and federal regulations necessary for the safety of utilty employees and the public during the
installation, operation, or maintenance of natural gas pipelines, fuel gas systems and natural gas-
fired appliances.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2), Idaho Code, the
following is a brief synopsis of why the materials cited are being incorporated by reference into
this rule:
Adoption of the current national safety codes and the CFRs wil make these rules
consistent with federal safety regulations concerning natural gas and pipeline utilties. In
addition, incorporation of the three national safety codes wil promote the safety of utility
employees, utilty customers, and the public. Finally, incorporation by reference wil mitigate
the need to publish hundreds of pages of safety codes.
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
October 26, 2011. Persons desiring to comment are encouraged to submit written comments at
their earliest convenience rather than wait until the comment deadline.
DATED this J5t'day of August 2011.
e~~Je D.JeweÌ~
C mmission Secretary
Idaho Public Utilties Commission
PO Box 83720
Boise,ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA31
TITLE 11
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
101. NATIONAL ELECTRICAL SAFETY CODE (NESC) (RULE 101).
The Commission adopts by reference the American National Standards Institute (ANSI) C2-
20()12 National Electrical Safety Code (NESC), 20()12 Edition. The National Electrical Safety
Code, 20()12 Edition, is published by the Institute of Electrical and Electronics Engineers, Inc.,
and is available from the Institute of Electrical and Electronics Engineers, Inc., 3 Park Avenue,
New York, NY 10016-5997 and may be ordered by callng 1-800-678-IEEE. All electrical and
telephone corporations subject to the Commission's jurisdiction are required to abide by
applicable provisions of the NESC. (3 30 07)( )
(BREAK IN CONTINUITY OF SECTIONS)
201. FEDERAL NATURAL GAS SAFETY REGULATIONS (RULE 201).
The Commission incorporates by reference Part 260.9, Title 18 (April 1,201(1) and Pars 191,
192,193,195, and 199, Title 49, the Code of Federal Regulations (October 1,201(1), except
that federal accident reporting requirements contained in the rules adopted by reference in Rule
201 are replaced for state reporting puroses by orders of the Commission or rules of the
Commission. These regulations are found in the Code of Federal Regulations, available on the
web from the U.S. Governent Bookstore and click on "Code of Federal Regulations," or by
callng toll-free 866-512-1800. The incorporated CFR Pars are also available in electronic
format. 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 7 11)( )
202. INTERNATIONAL FUEL GAS CODE (IFGC) (RULE 202).
01. Incorporation by Reference. The Commission incorporates by reference the
International Fuel Gas Code, 200912 Edition except for Par 2 of Chapter 1. The International
Fuel Gas Code is published by the International Code Council, 500 New Jersey Avenue, NW,
6th Floor, Washington D.C. 20001-2070. The Code is available from the Code Council and may
be ordered online. Telephone orders may be placed by callng toll-free 800- 786-4452 or onlineat: ww.iccsafe;org/Store/Pages/default.aspx. (3 29 10)( )
02. Utilty 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 (4-1-98)
b. 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 orcontinuing to receive service. (3-20-04)
203. INTERNATIONAL MECHANICAL CODE (IMC) (RULE 203).
01. Incorporation by Reference. The Commission incorporates by reference those
portions of the 200912 International Mechanical Code explicitly referring to gas or gas-burning
appliances except Par 2 of Chapter 1. The International Mechanical Code is published by the
International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington D.C. 20001-
2070 and may be ordered by callng toll-free 800-786-4452 or online at:ww.iccsafe.org/StorelPages/default.aspx. (3 29 10)( )
02. Utilty 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 (4-1-98)
b. 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 orcontinuing to receive service. (3-20-04)
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Offce of Administrative Rules): 31-1101-1101
(OAR wil assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.11.01 -- Safety and Accident Reporting Rules for Utilties
Agency: Idaho Public Utilties Commission
Agency Contact and Phone Number: Don Howell 334-0312
Legal Authority for rulemaking - Idaho Code Section(s): 61-515
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking _ Proposed Rulemaking XX TemporarlProposed Rulemaking
Temporar Rulemaking _ Effective Date of Temporar Rule:
Temporary Rule Justification (See Idaho Code Section 67-5226):
_Protection of the public health, safety, or welfare; or
_Compliance with deadlines in amendments to governing law or federal programs; or
_Conferring a benefit.
Pending Rule _ Date Pending Rule Wil Become Effective:
Amendment to Temporary Rule _ Rescission of Temporary Rule _
Correction to Pending Rule _ Vacation of Rulemaking _
Does any portion of this rulemaking impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
No
Does this rulemaking have a negative fiscal impact on the state general fund greater than ten
thousand dollars ($10,000) during the fiscal year?
If yes, include a descriptive summary of the fiscal impact involved.
No
Does this rulemaking necessitate changes in other rules?
If yes, please specifY.
No
Does this rulemaking incorporate by reference other documents?
SpecifY an exact description of document(s) incorporated by reference.
Yes. Code of Federal Regulations, National Electrical Safety Code, International Fuel Gas
Code, and International Mechanical Code
HAVE YOU. ..
xx
xx
1. Had your legal counsel review your rulemaking?
2. Received Director, Board or Commission approval for the rulemaking?
HA VE YOU INCLUDED. . .
XX 1. An approved Proposed/Temporar Administrative Rules Form (PARF)?
XX 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
XX 3. An 8 1/2 by 11 hard copy of the Notice and the complete text of the rule changes?
DFM Tracking No.
2011-900-1
State of Idaho
DIVISION OF FINANCIAL MANAGEMENT
Executive Offce of the Governor
Administrative Rules Form
Agency Name: STARS Agency Code:Idaho Public Utilties Commission 900Contact Person: Title: Phone:
Joe Leckie/Don Howell Executive Administrator 334-0330
Deputy Attorney Gen.
Fax Number:
334-3762
Email:
Joe.leckie~puc.idaho.gov
Don.howell~puc.idaho.gov
Person Authorizing Rule:
Paul Kjellander
Title:
President, PUC
Phone:
334-2898
Email:
Paul.kiellander~puc.idaho.gov
Section 2 (To be completed by Agency)
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 61-515
Title, Chapter, and Possible Docket (IDAPA) Number:
Safety & Accident Reporting Rules for Public Utilties, 31~11-01 Docket No. 31-1101.1101
This Rule is:X Proposed 0 Temporary Effective Date:
End of 2012 session .
If Temporary Rule: N/A
o Necessary to protect the public health, safety, or welfare; or
o Compliance with deadlines in amendments to governing law or federal programs; or
o Conferring a benefit.
If this is a temporary rule which imposes a fee or charge, provide justification as described in idaho Code 67-
5226(2): N/A
Provide a fiscal impact statement, both positive and negative, by fund source for all programs affected: The
changes from previous editions of safety codes and federal regulations are minor so the fiscal impact on utilties,
if any, wil be minimal. The Generai Fund wil not be impacted. The impact on the PUC's funds wil be the costs of
purchasing the new safety codes and the rulemaking costs, estimated to be approx. $800.
Need for Proposed Rule Change: The PUC's Safety & Accident Reporting Rules adopt by incorporation several
nationai safety codes including the National Electric Safety Code (NESC) in Rule 101, the federal pipeline safety
regulations in Rule 201, the International Fuel Gas Code in Rule 202, and the International Mechanical Code in
Rule 203. These public safety codes and regulations have recently been updated in 2011 editions and the PUC
desires to update Its safety ruies to protect the public. This wil insure compatibilty with the most recent 2011
safety provisions.
Proposed Rule Changes (Summary Only):
Update four safety rules to reflect changes in the 2011 editions of the national/international safety codes and
regulations.
Interest Group(s) or Citizens Affected:
Utilties and members of the public.
Revised: March 11, 2008
Section 3 (DFM Use Only)
DFM Analyst Comments:
Proposed rules to update safety rules adopted by incorporation.
DFM Analyst Fiscal Impact Review:
No General fund impact. Minimal impact to dedicated funds.
DFM Analyst Signature & Date:
D. Keith Reynolds 07/14/11
Recommend:
X Yes 0 No
Gov Special Assistant Signature & Date:
Stephen Goodson 7/22111
Recommend:
X Yes 0 No
APi?~~~ c: No
Received by DFM from Agency 7/14/2011
Received by DFM Analyst from Coordinator 7/14/2011 0
Received by Coordinator from Analyst 7/14/2011 0
Received by Governor's Special Assistant from Coordinator 7/15/2011 1
Received by Coordinator from Governor's Special Assistant 7/22/2011 7
Received by DFM Administrator
Return via email to: infodidfm.idaho.gov
Revised: March 11, 2008