20181026Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:EDWARD J. JEWELL
DEPUTY ATTORNEY GENERAL
DATE: OCTOBER 25, 2018
SUBJECT:UPDATING THE (I) UTILITY SAFETY AND ACCIDENT REPORTING
RULES, AND (2) RAILROAD SAFETY AND ACCIDENT REPORTING
RULES; CASE NOS. RUL-U-18-01 AND RUL-R-18-01
On October 3, 2018, the Commission caused to be published in the Idaho
Administrative Bulletin a Notice of Proposed Rulemaking for the purpose of updating section
101 of the Utility Safety and Accident Reporting Rules (IDAPA 31.11.01.101). The Commission
proposed to update its Safety and Accident Reporting Rules by incorporating the 2017 National
Electric Safety Code.
On October 3,2018, the Commission caused to be published in the Idaho
Administrative Bulletin a Notice of Proposed Rulemaking for the purpose of updating section
102 of the Railroad Safety & Accident Reporting Rules (IDAPA 31.71.03.102). The
Commission proposed to update its Railroad Safety and Accident Reporting Rules by explicitly
including commercially bottled water as an acceptable source of drinking water for railroad
employees.
The Notices for these proposed rules required that interested persons file written
comments no later than October 24,2018. The Commission received no written comments. Staff
recommends the Commission adopt its proposed rules as pending rules and submit them for
legislative review.
DECISION MEMORANDUM I
COMMISSION DECISION
Does the Commission wish to adopt the proposed rules as pending rules? Does the
Commission wish to publish Notices of Pending Rules in the December 5,2018 Administrative
Bulletin?
Edward J.
Deputy A General
I://Legal/z_Rules/Proposed./201 8/rulemaking_dec memo_2_ej
2DECISION MEMORANDUM
IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.11.01 - SAFETYAND ACCIDENT REPORTING RULES FOR UTILITIES
REGULATED BYTHE IDAHO PUBLIC UTILITIES COMMISSION
DOCKET NO. 31-1101 -1801
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(l), 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 IIEARING SCI{EDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in
lvriting by twenty-five (25) persons, a political subdivision, or an agency, not later than October 17,2018.
The hearing site(s) 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 agency address below
DESCRIPTM SUMMARY: The following is a nontechnical explanation of the substance and purpose of the
proposed rulemaking:
The Utility Safety andAccident Reporting Rules 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'). The proposed
rule would adopt the 2017 Edition of the 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.
f'EE SUMMARY: The following is a specific description of the fee or charge imposed or increased; N/A
FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state
general fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(l),Idaho Code, negotiated rulemaking was not
conducted because this proposed rule adopts updated national safety codes and is necessary for the safety of
telephone company and utility employees and the public during the installation, operation, or maintenance of
telephone lines or electric utility systems, as well as the general public.
INCORPORATION BY R-EFERENCE: Pursuant to Section 67-5229(2)(a). 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 NESC will promote the safety of telephone company and utility employees, customers,
and the general public. Additionally, incorporation by reference will mitigate the need to publish hundreds of pages of
safety code.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance
on technical questions conceming the proposed mle, contact Edward Jewell, Deputy Attomey General, at [phone].
Anyone may submit written comments regarding the proposed rulemaking. All written comments must be
directed to the undersigned and must be delivered on or before October 24,2018.
Dated this 30th day ofAugust, 2018.
Diane M. Hanian, Commission Secretary
Idaho Public Utilities Commission
Telephone: [phone]
Facsimile: (2O8) 33 4 -37 62
472W. WashinSon
Boise, ID 83702-5918
PO Box 83720
Boise, ID 83720-0074
Idaho Administrative Bulletin Page 419 October 3,201E - Vot. 18-10
IDAHO PUBLIC UTILITIES COMMISSION
Safety & Accident Reporting Rules for Utilities Regulated by IPUC
Docket No. 31 -11 01 -1 801
Proposed Rulemaking
THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 31-1101-1801
(Only Those Sections \Yith Amendments Are Shown.)
101. NATIONAL ELECTRTCAL SAFETY CODE (NESC) (RULE 101).
The Commission adopts by reference the American National Standards Institute (ANSD C2-20121 National
Electrical Safety Code (NESC), 201?7 Edition. The National Electrical Safety Code, 20127 Edition, is published by
the Institute of Electrical and Electronics Engineers, Inc., and is available from the Institute of Electrical and
Electronics Engineers, tnc., 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 byapplicableprovisionsoftheNESC. (3-2t)-l2tL* -_j
Idaho Administrative Bulletin Page 420 October 3, 20lE - Vol. 1E-10
IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.71.03 - RAILROAD SAFETYAND ACCIDENT REPORTING RULES
DOCKET NO. 31-71 03-l 80f
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(l),Idaho Code, notice is hereby given that the Idaho Public
Utilities Commission has initiated proposed rulemaking procedures. This action is authorized pursuant to Section 6l-
515, Idaho Code.
PUBLIC IIEARING SCIIEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in
writing by twenty-five (25) persons, a political subdivision, or an agency, not later than October 17,2018.
The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not
later than five (5) days prior to tle hearing, to the agency address below.
DESCRIPTM SUMMARY: The following is a nontechnical explanation of the substance and purpose of the
proposed rulemaking:
Amends Section 102 regarding sanitary cups and sanitary drinking water by allowing commercially bottled
water to be provided as drinking water for employees.
FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: N/A
FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state
general fund greater than ten thousand dollars ($10,000) during the fiscal year: N/A
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(l),Idaho Code, negotiated rulemaking was not
conducted because this proposed rule is simple in nature.
ASSISTAIICE ON TECHNICAL QUESTIONS, SUBMSSION O['WRITTEN COMMENTS: For assistance
on technical questions conceming the proposed rule, contact Edward Jewell, Deputy Attomey General, at [phone].
Anyone may submit written comments regarding the proposed rulemaking. All written comments must be
directed to the undersigned and must be delivered on or before October 24,2018.
Dated this 30th day ofAugust, 2018
Diane M. Hanian, Commission Secretary
Idaho Public Utilities Commission
Telephone: [phone]
Facsimile: (208) 334-37 62
472W. Washington
Boise, ID 83702-5918
PO Box 83720
Boise, ID 83720-0074
THE FOLLOWING IS THE PROPOSED TEXT OFDOCKET NO.31-7T03-IEOT
(Only Those Sections lYith Amendments Are Shown.)
102. SAr\TTARYCUPSAND SANITARYDRTNKINGWATER(RULE 102).
01. lYater. An adequate supply ofcool, clean, sanitary water, satisfactory for drinking purposes, shall
be made available to all employees. Drinking water shall be obtained only from sources approved by the State
Idaho Administrative Bulletin Page 421 October 3, 2018 - Vol. 18-10
IDAHO PUBLIC UTILITIES COMMISSION
Railroad Safefy & Accident Reporting Rules
Docket No. 31-71 03-1 801
Proposed Rulemaking
Department of Health, or an approved water line" or commercially bottled water. (4qrL--)
02. Water Containers. When necessary, this water shall be provided in suitable, clean, sterilized and
sanitary containers conveniently placed for the use of employees, but not in toilet rooms. Each container shall be
equipped with an approved type offountain, approved faucet, or other approved dispenser. (7-l-93)
03. Cleansed and Sterilized. All containers used to fumish drinking water shall be thoroughly
cleansed and sterilized as often as necessary to assure a clean and sanitary water supply. (7-l-93)
04. Common Drinking Cup Prohibited. The common drinking cup for public use is prohibited; either
single service containers or drinking fountains with sanitary angle head, shall be used in lieu thereof. (7-l-93)
Idaho Administrative Bulletin Page 422 October 3, 2018 - Yol. 18-10