20190820Staff Track Changes Recommendations Safety and Accident Reporting Rules for Utilities.pdf

Section 000 Page 1 Barratt 4-19-19
IDAPA 31
TITLE 11
CHAPTER 01

31.11.01 – SAFETY AND ACCIDENT REPORTING RULES FOR UTILITIES
REGULATED BY THE IDAHO PUBLIC UTILITIES COMMISSION

000. LEGAL AUTHORITY (RULE 0).
These rules adopt by reference national safety codes and require the reporting of certain accidents under the general
authority of the Public Utilities Law, Chapters 1 through 7, Title 61, Idaho Code, and under the specific authority of
Sections 61-515 and 61-517, Idaho Code. (3-29-10)

001. TITLE AND SCOPE (RULE 1).
The name of this chapter is “Safety and Accident Reporting Rules for Utilities Regulated by the Idaho Public Utilities
Commission.” This chapter has the following scope: All electric and telephone corporations subject to the regulation
of the Idaho Public Utilities Commission are required to abide by the safety regulations adopted in Rule 101; all gas
and pipeline corporations are required to abide by the safety regulations adopted in Rules 201 through 203; and all
electrical, gas, pipeline, telephone, and water corporations are required to abide by the safety and accident reporting
requirements of Rules 301 and 302. (7-1-93)

002. WRITTEN INTERPRETATIONS – AGENCY GUIDELINES (RULE 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form of explanatory
comments accompanying the order of proposed rulemaking and review of comments submitted in the order adopting
these rules are maintained in the files of the Secretary of the Idaho Public Utilities Commission and are available from
the office of the Commission Secretary. The Commission Secretary may be contacted in writing at the Idaho Public
Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at [phone].
For rulemakings conducted after July 1, 1993, written interpretations to these rules in the form of explanatory
comments accompanying the notice of proposed rulemaking that originally proposed the rules and review of comments
submitted in the rulemaking decision adopting these rules are published in the issues of the Idaho Administrative
Bulletin proposing or adopting the rules. (7-1-93)

003. ADMINISTRATIVE APPEALS (RULE 3).
Any person requesting a waiver from any provision of these safety rules or accident reporting rules may petition the
Idaho Public Utilities Commission for a waiver pursuant to the Commission’s Rules of Procedure, IDAPA
31.01.01.000 et seq. (4-1-98)

004. PUBLIC RECORDS ACT COMPLIANCE (RULE 4).
Notes of telephone reports required by Rule 301 and written reports required by Rule 302 are public records subject
to inspection, examination and copying. Further investigative reports by the Commission or the Commission Staff are
investigatory records exempt from disclosure. See Sections 74-101(6) and 74-105(1), Idaho Code. Reports required
by these rules and the results of further investigations by the Commission are by statute prohibited from admission
into evidence in any action for damages based on or arising out of the loss of life or injury to the person or property.
See Section 61-517, Idaho Code. (3-29-10)

005. DEFINITIONS (RULE 5).

01. Utilities. The terms “electrical corporation,” “gas corporation,” “pipeline corporation,” “telephone
corporation,” and “water corporation” have the meanings given to them by statute in Chapter 1, Title 61, Idaho Code;
orders of the Idaho Public Utilities Commission; and decisions of the Idaho Supreme Court construing these statutes.
(3-29-10)

02. Serious Damage. Damage to natural gas facilities caused by a natural disaster or terrorism that
results in a loss of or reduction in pipeline throughput or storage deliverability. (4-2-08)

Section 000 Page 2 Barratt 4-19-19

03. Serious Interruption of Service. Interruptions of natural gas pipeline service to communities,
major governmental installations, and large industrial plants outside of communities or any other interruption that is
significant in the judgment of the natural gas pipeline. Interruptions of less than three (3) hours or planned maintenance
outages need not be reported. (4-2-08)

006. CITATION (RULE 6).
The official citation of these rules is IDAPA 31.11.01.000 et seq. For example, this rule is cited as IDAPA
31.11.01.006. In documents submitted to the Commission or issued by the Commission however, these rules may be
cited by their short title Safety and Accident Reporting Rules (SARR) and the parenthetical rule number. For example,
this rule may be cited as SARR 6. (4-1-98)

007. EFFECTIVE DATE – HISTORY OF RULES (RULE 7).
The predecessors to these rules (in particular earlier adoptions by reference of previous versions of safety codes) have
been adopted many times over the years. The history of these rules preceding the initiation of the publishing of the
Idaho Administrative Bulletin and the Idaho Administrative Code is available from the Commission Secretary.
(4-1-98)

008. INCORPORATION BY REFERENCE – CODE OF FEDERAL REGULATIONS (RULE 8).
Rules 101, 201, and 302 incorporate by reference various national safety codes and federal gas pipeline safety
regulations. Each applicable rule identifies the issuing entity for each code or regulation and indicates where the
incorporated materials may be obtained. Incorporated materials are also available for inspection and copying at the
offices of the Idaho Public Utilities Commission and the Idaho State Law Library. (4-2-08)

009. -- 100. (RESERVED)

ELECTRIC AND TELEPHONE UTILITIES
RULES 101 THROUGH 200

101. NATIONAL ELECTRICAL SAFETY CODE (NESC) (RULE 101).
The Commission adopts by reference the American National Standards Institute (ANSI) C2-2017 National Electrical
Safety Code (NESC), 2017 Edition. The National Electrical Safety Code, 2017 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 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. (4-11-19)

102. -- 200. (RESERVED)

TRANSPORTATION OF NATURAL GAS BY PIPELINES --
LIQUEFIED NATURAL GAS FACILITIES -- TRANSPORTATION OF HAZARDOUS LIQUIDS
BY PIPELINE -- INTERNATIONAL FUEL GAS CODE --
INTERNATIONAL MECHANICAL CODE
RULES 201 THROUGH 300

201. FEDERAL NATURAL GAS SAFETY REGULATIONS (RULE 201).
The Commission incorporates by reference Part 260.9, Title 18 (April 1, 2017) and Parts 191, 192, 193, 195, and 199,
Title 49, the Code of Federal Regulations (October 1, 2017), 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, http://bookstore.gpo.gov, and click on “Code of Federal
Regulations,” or by calling toll-free 866-512-1800. The incorporated CFR Parts are also available in electronic format
at https://www.gpo.gov/fdsys. All gas and pipeline corporations subject to the Commission’s jurisdiction are required

Section 000 Page 3 Barratt 4-19-19
to abide by applicable provisions of these federal regulations adopted by reference. (3-28-18)

202. -- 300. (RESERVED)

REPORTING OF ACCIDENTS AND SERVICE INTERRUPTIONS
RULES 300 THROUGH 400

301. IMMEDIATE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS AND MAJOR
NATURAL GAS INTERRUPTIONS (RULE 301).

01. Fatality and Hospitalization Reporting. Whenever any employee of an electrical corporation, gas
corporation, pipeline corporation, telephone corporation, or water corporation or any member of the public dies or
requires in-patient hospitalization as a result of contact with or proximity to utility operating property, the utility must
notify the Commission by telephone of the fatality or hospitalization no later than the first business day following
discovery of the fatality or reporting of the hospitalization, except as provided in Subsection 31.11.01.301.02. Reports
should be made to the Commission Secretary at [phone]. (3-29-10)

02. Operating Property -- Motor Vehicle Accident Exception. As used in this rule, operating
property means electric plant as defined in Section 61-118, Idaho Code, gas plant as defined in Section 61-116, Idaho
Code, pipelines as defined in Section 61-114, Idaho Code, telephone line as defined in Section 61-120, Idaho Code,
or water systems as defined in Section 61-124, Idaho Code. This reporting rule does not apply to fatalities and
hospitalizations arising out of motor vehicle accidents, even if the motor vehicle later comes into contact with utility
plant. Office buildings or portions of office buildings not associated with the physical delivery of utility services or
commodities are not considered operating property. (3-29-10)

03. Major Service Interruptions or Damage to Natural Gas Pipelines. The Commission incorporates
by reference Section 260.9, Title 18, the Code of Federal Regulations (April 1, 2009). Every natural gas corporation
must report serious damage to natural gas facilities and serious interruptions of service to the Commission. Natural
gas corporations should also report other serious damage not caused by natural disaster or terrorism if such damages
create the potential for serious delivery problems on its own system or the pipeline grid.
(3-29-10)

302. WRITTEN REPORTING OF ACCIDENTS AND NATURAL GAS INTERRUPTIONS (RULE 302).

01. Reporting Required. In addition to any telephone reporting required under Rule 301, a written
report shall be submitted for: (4-2-08)

a. Every accident involving an employee of the utility or member of the public that results in a fatality
or in-patient hospitalization; (4-2-08)

b. Any other accident the utility finds significant; or (4-2-08)

c. Serious damage or service interruption of natural gas pipelines. (4-2-08)

02. Submitting the Written Report. All written reports shall be submitted to the Commission
Secretary within twenty one (21) days after the fatality or hospitalization is discovered. Reports regarding serious
damage or service interruption shall be submitted at the earliest feasible time. Reports should be mailed to:
18

Copies of such reports may also be provided by facsimile at [phone] or by electronic mail at

Section 000 Page 4 Barratt 4-19-19
[e-mail]. (3-29-10)

03. Contents of Written Accident Report. There is no standard form for written reports prescribed by
this rule. Gas companies may file copies of reports submitted to federal regulators under 49 C.F.R. Part 191. All
reports submitted shall will contain the following information: (3-29-10)

a. Name of person(s) involved in the accident; (7-1-93)

b. Status of persons involved in the accident (e.g., employees, children, contractors, etc.); (7-1-93)

c. Time of day, day of the week and month, and location of the accident or discovery of the accident;
(4-2-08)

d. Description of the accident and events leading up to the accident; and (4-2-08)

e. The company name, contact person, e-mail address and direct telephone number of the reporting
official. (3-29-10)

04. Contents of Written Report Involving Damage or Interruption to Natural Gas Facilities. All
written reports shall will provide the following information: (4-2-08)

a. The location and cause of the service interruption or damage to natural gas pipeline or storage
facilities; (4-2-08)

b. The nature of the serious damage to pipeline or storage facility; (4-2-08)

c. The specific identification and location of any facilities damaged; (4-2-08)

d. The time the service interruption or damage to facilities occurred; (4-2-08)

e. The customers affected by the interruption of service or damage to facilities; (4-2-08)

f. A brief description of emergency actions taken to maintain service; (4-2-08)

g. An estimate of the time (if available) when pipeline throughput or storage deliverables are expected
to be restored; and (4-2-08)

h. The company name, contact person, e-mail address and direct telephone number of the reporting
official.
(3-29-10)

303. USE OF REPORTS (RULE 303).
The Commission may find that reports required by Rules 301 and 302 constitute an adequate investigation of the
accident reported, may direct the utility to provide further information to the Commission, or may direct its Staff or
others to conduct further investigations. Reports required by Rules 301 and 302 and the results of further investigations
by the Commission are by statute prohibited from admission into evidence in any action for damages based on or
arising out of the loss of life or injury to the person or property. See Section 61-517, Idaho Code.
(4-1-98)

304. -- 999. (RESERVED)