20180824Decision Memo.pdf

DECISION MEMORANDT]M
TO:COMMISSIONER KIELLANDER
COMI\{ISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COM]\IISSION STATF
LEGAL
FROM:EDWARD J. JEWELL
DEPUTY ATTORNEY GENERJ.L
DATE: AUGUST 23,2018
STJBJECT:UPDATING THE (T) UTILITY SAFETY AND ACCIDENT REPORTING
RULES, AND (2) RAILROAD SAFETY AND ACCIDSNT REPORTING
R['LES,IPUC CASE NOS. RUL.U.l8-OI AND RUL.R.18.O1
Staff recommends that the Commission update two sets of rules.
First, Rule l0l of the Utility Safety and Accident Reporting Rules (IDAPA 3l.ll.0l)
adops the 2012 Edition of the National Electric Safety Code ("NESC"). Staff recommends that
the Commission update Rule l0l to adopt the 2017 National Electric Safety Code.
Second, Rule 102 of the Railroad Safety and Accident Reporting Rules (IDAPA
31.71.03) specifies the sources of water to be made available to employees of railroad
corporations. Staff recommends that the Commission update Rule 102 to include "commercially
bottled waler."
The recommended amendments are discussed below.
1. Utility Safety and Accident Reporting Rules.
The Utility Safety and Accident Reporting Rules (IDAPA 3l.ll.0l) adopt by reference
several national safety codes applicable to electric, telephone, and natural gas utilities and federal
safety regulations applicable to natural gas and pipeline utilities. Currently, Rule l0l adopts the
2012 Edition of the National Electric Safety Code ("NESC").
There have been several minor updates and revisions to the NESC, including
amendments to the grounding rules, guy insulator rules, ice loading rule, work safety standards,
and other non-substantive editorial corrections. Adopting the current NESC will help protect
telephone company workers and utility workers as well as the general public.
IDECTSION MEMORANDUM
2. Railroad Safcty & Accident Reporting Rules.
The Railroad Safety and Accident Reporting Rules (IDAPA 31.71.03) do not include
"commercially bonled water" as al authorized source of drinking water for employees of
railroad corporations. Adoption of the proposed rule will make cool, clean, sanitary water more
readily available for railroad company employees.
STAFF RECOMMENDATION
Staff recommends that the Commission update: (l) Safety and Accident Reporting
Rule l0l as described above and set out in the attached proposed amendment. (Attachment l);
and (2) Railroad Safety and Accident Reporting Rule 102 as described above and set out in the
attached proposed amendment. (Attachment 2). The proposed changes should be forwarded to
the Administrative Rules Coordinator for publication in the October edition of the ldaho
Administrative Bulletin.
Staff understands the DFM has recommended the Covernor's Office approve the
Administrative Rules Request Forms ("ARRp"; that Sta{f has submitted for the two rule
proposals. If lhat approval is received, then Staff recommends the proposed rules be forwarded to
the Office of the Administrative Rules Coordinator for publication in the ldatro Administrative
Bulletin. The public will then have an opportunity to comment on the proposed rules.
Once the comment period closes, Staff will prepare another decision memorandum
asking the Commission whether it wishes to adopt the proposed rules as a pending rule.
COMMISSION DECISION
Does the Commission wish to update: (1) Rule l0l of the Utility Safety and Accident
Reporting Rules to adopt the 2017 National Electric Safety Code, and (2) Rule 102 of the
Railroad Safety and Accident Reporting Rules to specify "commercially bottled water" as an
authorized source of drinking water for railroad company employees?
If the AARF for a rule proposal is approved, does the Commission wish to forward
the proposed rule change to the Administrative Rules Coordinator for publication in the
Administrative Bulletin?
-a) 4r*f{
Edwardflewell
DeputyVorney Cencral
l,{*rrtr,Buls0topot6&101lDcciti.n Mcm_lj
2DECISION MEMORANDUM
IDAPA 3T
TITLE 1I
CHAPTER OI
3I.I I.OI . SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED
BY IDAHO PUBLIC UTILITIES COMMISSION
r0r. NATToNAL ELECTRTCAL SAFETY CODE (NESC) (RULE r0l).
The Commission adopts by reference the American National Standards Institute (ANSI) C2-
20lA National Electrical Safety Code (NESC),20lZZ Edition. The National Electrical Safety
Code, 201!f 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 calling l-800-678-IEEE. All electrical and
telephone corporations subject to the Commission's jurisdiction are required to abide by
applicable provisions of the NESC. €-eg-la( )
3DECISION MEMORANDUM Attachment 1.
IDAPA 3I
TITLE I I
CHAPTER OI
3I.7I.03 - RAILROAD SAFETY & ACCIDENT REPORTING RULES
102. SANITARY CUPS AND SAN|TARY DRINKING WATER (RULE 102).
01. Water. An adequate supply of cool, clean, sanitary water, satisfactory for
drinking purposes, shall be made available to all employees. Drinl.ing water shall be
obtained only from sources approved by the State Department of Health. er an approved
water Iine, or commerciallv bo
(7-H3X )
4DECISION MEMORANDUM Attachment 2.