20180823Decision Memo.pdf

DECISION MEMORANDUM
TO COMMISSIONER KIELLANDER
COMNIISSIOhIER RAPER
COMMISSIONER ANDERSON
COMMSSION SECRETARY
COMMISSION STAFT
LEGAL
FROM:EDWARD J. JEWELL
DEPUTY ATTORNEY GENERAL
DATE: AUGUST 23,2018
STJBJECT:UPDATING TTTE (1) UTILITY SAFETY AND ACCIDENT REPORTING
RULES, AND (2) RAILROAD SAFETY AND ACCIDENT RBPORTING
RULE.S,IPUC CASE NOS. RUL.U.18.O1 AND RUL.R.18.O1
Staff recommends that the Commission update two sets of rules.
First, Rule t0l of the Utility Safety and Accident Reporting Rules (IDAPA 3l.ll.0l)
adopts the2012 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 water."
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 cunent NESC will help protect
telephone company workers and utility workers as well as the general public.
DECIS ION MEIv{ORANDUNI I
2. Railroad Safcty & Accident Reporting Rules.
The Railroad Safety and Accident Reporting Rules (IDAPA 31.71.03) do not include
"commercially bottled water" as an authorized source of drinking rvater for employees of
railroad corporations. Adoption of the proposed rule will make cool, clean, sanitary rvater 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. (Attaehment 2). The proposed changes should be fonvarded to
the Administrative Rules Coordinator for publication in the October edition of the Idaho
Admini strative Bul letin.
Staff understands the DFM has recommended the Governor's Office approve the
Administrative Rules Request Forms ("ARRF") that Staff has submitted for the two rule
proposals. If that approval is received, then Staff recommends the proposed rules be fonvarded to
the Office of the Administrative Rules Coordinator for publication in the ldaho Administrative
Bulletin. The public rvill then have an opportunity to comment on the proposed rules,
Once the comment period closes, Staff rvill prepare another decision memorandum
asking the Cornmission rvhether it lvishes to adopt the proposed rules as a pending rule.
COMMISSION DECISION
Does the Commission rvish to update: (1) Rule l0l of the Utility Salety 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 lvater" 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?
1D 1r*l(
Edwardflervell
DeputyVorney General
l,Laurl,'r Rulcr?rctorcd,?01 &Dccirioo trlcm_cj
7DECISION MEMORANDUM
IDAPA 3T
TITLE I1
CHAPTER OI
31.II.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGIJLATED
BY IDAHO PUBLIC UTILITIES COMMISSION
IOI. NATIONAL ELECTRICALSAFETY CODE (NESC) (RULE IOI).
The Commission adopts b1' reference the American National Standards Instirute (ANSI) C2-
201{ National Electrical Safety Code (NESC),20122 Edition. The National Electrical Safety
Code,20lZZ 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. (+49-}3)( )
DECIS I ON MEN,IORANDUIVI Attachment l.
IDAPA 3I
TITLE I1
CHAPTER 01
3I.7I.03 _ RAILROAD SAFETY & ACCIDENT REPORTING RULES
102. SANITARY CUPS AND SANITARY DR|NKING WATER (RULE r02).
01. Water. An adequate supply of cool, clean, sanitary water, satisfactory for
drinking purposes, shall be made available to all employees. Drinl.ing lvater shall be
obtained only from sources approved by the State Department of Health. er an approved
waler Iine- or commercially b
(+-+-93)( )
4DECISION IvIEMORANDUM Attachment 2.