20110830Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
FROM: DON HOWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 19,2011
SUBJECT: UPDATING THE COMMISSION'S SAFETY AND ACCIDENT
REPORTING RULES, DOCKET NO. 31-1101-1101
The Commission's Safety and Accident Reporting Rules (IDAPA 31.11.01) adopt by
incorporation various national safety codes applicable to electric, telephone and natural gas
utilties and the federal safety ægulations applicable to natural gas and pipeline utilities.
Currently, Rule 101 adopts the 2007 edition of the National Electric Safety Code (NESC)
published by the Institute of Electrical and Electronic Engineers, Inc. Rule 201 adopts the 2007
edition of 49 Code of Federal Regulations (CFR) Parts 19 1-193, 195 and i 99 addressing the
construction and operation of natural 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, Rule 203 incorporates by reference the 2009 edition of the International
Mechanical Code (IMC) for natural gas or gas-burning appliances.
Staff recommends that the Commission update these foul' safety rules by adopting the
2012 edition of the NESC, the 2012 edition of the IMC, and 2012 edition of the IFGC. In
addition, Staff recommends that the Commission adopt the October 1, 2011 edition of the
pipeline safety CFRs and 18 C.F.R. Part 260.9. The current rule adopted the 2009 edition of the
CFR pertaining to natural gas pipelines.
RECENT CHANGES TO THE NESC
There are several revisions included in the 2012 edition NESC. First, Section 91 has
been clarified concerning the effectively grounding of conductors and equipment. Second,
Sections 94B7 and 99B have been revised concerning the length and thickness requirements for
DECISION MEMORANDUM 1
using a directly embedded metal pole as a grounding electrode and changing the grounding
conductor for communication equipment. Third, Section 110A2 and Table 1 I I - I have been
revised to reduce clearances between fences and electric apparatus and the ilumination levels for
generating states and substations. Fouith, Section 2l4A5 was revised to add consistency to the
application of the terms "grounded" and "effectively grounded." Fifth, Section 26lHI was
revised to address tensions on overhead supply conductors and shield wires. Next, Sectionss 44 I
and 41 OA3 were revised concerning the calculation of minimum approach distances and arc flash
exposure. Finally, Section 4 i OA3 was revised to establish arc energy thresholds for different
equipment at voltage levels below 1,000 volts.
CFR CHANGES SINCE 2010
The Commission's Rule 201 currently adopts by incorporation the federal pipeline
safety regulations issued by the Pipeline and Hazardous Material Safety Administration
(PHMSA). Rule 201 applies to natural gas and pipeline utilties in Idaho.
There are four major revisions included in the 2011 edition of the federal Pipeline
Safety Regulations. First, in October 2010 PHMSA amended 49 C.F.R. Part 192, 193, and 195
by adopting various technical standards. Adoption of these technical standards allows pipeline
operators to use current technologies, improved materials, and improve their management
practices. Adoption of these technical standards does not require pipeline operators to take on
any significant new pipeline safety initiatives. Second, in November 20 I 0, PHMSA revised its
pipeline safety regulations to improve the reliabilty of data collected from operators of natural
gas pipelines. These amendments affect 49 C.F.R. Parts 191, 192, 193, and 195.
Third, in February 2011, PHMSA amended its Pipeline Safety Regulations in 49
C.F.R. Paits 191 and 192 to clarify the types of pipeline fittings involved in the rep0l1ing of
compression coupling failures. These changes require the operators of pipelines to report the
failures of mechanical fittings and clarifying the reporting requirements for "excess flow valves."
These changes became effective in April 2011. Finally, in June 2011, PHMSA amended its
Pipeline Safety Regulations found in 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 alarms. These
changes became effective August 15, 20 i 1.
DECISION MEMORANDUM 2
RULE 202 - INTERNATIONAL FUEL GAS CODE
The Commission's Rule 202 adopts the 2009 edition of the International Fuel Gas
Code. There are three major revisions included in the 2012 edition of the IFGC. First, the
International Code Council has revised Section 301. i i regarding the location of mechanical
equipment and systems located in flood hazard areas except for equipment specifcally 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.
RULE 203 - INTERNATIONAL MECHANICAL CODE
Rule 203 currently adopts by incorporation the 2009 edition of the International
Mechanical Code applicable gas or gas-burning appliances. There are three major revisions
included in the 2012 edition to the International Mechanical Code. First, Section 301.16 requires
all mechanical equipment and system for structures 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, intake openings must be located a minimum of 10 feet from propei1y lot lines. Air
intakes maybe 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.
STAFF RECOMMENDATION
Staff recommends that the Commission update its Safety Rules 101, 201, 202, and
203 as described above and set out in the attached proposed amendments. Adoption of the
current Safety Codes and the CFRs wil make these rules consistent with federal safety
regulations concel'ing natural gas and pipeline utilties.
DECISION MEMORANDUM 3
COMMISSION DECISION
Should Rules 101, 201, 202, and 203 of the Commission's Safety and Accident
Reporting Rules be updated by the adoption of the 201 I edition of pipeline safety CFRs and
2012 editions of the NESC, IFGC, and the fMC? Does the Commission wish to forward these
proposed chariges to the Administrative Rules Coordinator for publication in the next
Administrative Bulletin?
l)~
Don Howell
Deputy Attorney General
blsI:31-¡ ¡OJ-IIOU)eeÎsion Memo_db
DECISION MEMORANDUM 4.
IDAPA31
TITLE 11
CHAPTER 01
31.11.01 - SAFETY AND ACCIDENT REI)ORTING 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-
2(J12 National Electrical Safety Code (NESC), 200+12 Edition. The National Electrical Safety
Code, 200+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 Pai'k Avenue,
New York, NY i 00 i 6-5997 and may be ordered by callng l-800-678-IEEE. All electrical and
telephone corporations subject to the Commission's jurisdiction are required to abide byapplicable provisions ofthe 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 Parts 191,
192, 193, 195, and 199, Title 49, the Code of Federal Regulations (October i, 201(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 on the
web from the U.S. Government Bookstore and click on "Code of Federal Regulations," or by
callng toll-free 866-512-1800. The incorporated CFR Parts 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 (lFGC) (RULE 202).
01. Incorporation by Reference. The Commission incorporates by reference the
International Fuel Gas Code, 200912 Edition except for Part 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.
(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 èustomers to abide by
applicable provisions of the Inteinational 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 20()12 Inteinational Mechanical Code explicitly referring to gas or gas-burning
appliances except Part 2 of Chapter I. 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. (3 29 lO)L-
02. Utilty Compliam:e. 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)