AMNDRLS.docx

IDAPA 31
TITLE 11
Chapter 01
31.11.01 - SAFETY AND ACCIDENT REPORTING RULES
FOR UTILITIES REGULATED BY
IDAHO PUBLIC UTILITIES COMMISSION
000.LEGAL AUTHORITY (Rule 0).
These rules adopting by reference national safety codes and requiring reporting of accidents are adopted under the general authority of the Public Utilities Law, chapters 1 through 7, Title 61, Idaho Code, and under the specific authority of sSections 61-515 and 61-517, Idaho Code.(7-1-93)(        )
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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.(7-1-93)(        )
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 sSections 9-337(4) and 9-340(2), 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 sSection 61-517, Idaho Code.(7-1-93)(        )
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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.(7-1-93)(        )
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. They were most recently codified at IDAPA 31.I. They were readopted and reformatted by rulemaking decision in docket number 31-1101-9301 effective July 1, 1993. The history of these rulemaking proceedingsrules preceding the initiation of the publishing of the Idaho Administrative Bulletin and the Idaho Administrative Code is available from the Commission Secretary.(7-1-93)(        )
008. -- 100.(RESERVED).
Rules 101 through 200. Electric and Telephone Utilities
101.NATIONAL ELECTRICAL SAFETY CODE (NESC) (Rule 101).
The Commission adopts by reference the ANSI C2-19937 National Electrical Safety Code (NESC), 19937 Edition and the errata dated September 3, 1996. The ANSI C2-1993 National Electric Safety Code, 19937 Edition, is published by the Institute of Electrical and Electronics Engineers, Inc., and is available from the Institute of Electrical and Electronics Engineers, Inc., 345 E. 47th Street, New York, NY 10017 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.(7-1-93)(        )
102. -- 200.(RESERVED).
Rules 201 through 300. Transportation of
Natural Gas by Pipelines--
Liquefied Natural Gas Facilities--Transportation of
Hazardous Liquids by Pipeline--National Fuel Gas Code--
Uniform Mechanical Code
201.FEDERAL REGULATIONS--49 C.F.R. PARTS 191, 192, 193 AND, 195 AND 199 (Rule 201).
The Commission adopts by reference Parts 191, 192, 193, and 195, and 199, Title 49, the Code of Federal Regulations (October 1, 1996), 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 from the Publications Division, U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328. The version of Part 191 here adopted by reference was most recently amended in the Federal Register of December 5, 1991, 56 Fed.Reg. 63770, and is found in the annual volumes of the Code of Federal Regulations for 1991 and 1992. The version of Part 192 here adopted by reference was most recently amended in the Federal Register of December 5, 1991, 56 Fed.Reg. 63771, and is found the annual volumes of the Code of Federal Regulations for 1991 and 1992. The version of Part 193 here adopted by reference was most recently amended in the Federal Register of July 9, 1991, and is found in the annual volumes of the Code of Federal Regulations for 1991 and 1992. The version of Part 195 here adopted by reference was most recently amended in the Federal Register of December 5, 1991, 56 Fed.Reg. 63771, and is found in the annual volumes of the Code of Federal Regulations for 1991 and 1992. 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.
(7-1-93)(        )
202.NATIONAL FUEL GAS CODE (NFGA) (Rule 202).
The Commission adopts by reference the NFPA 54 ANSI Z223.1 National Fuel Gas Code, 19926 Edition. The 19926 Edition of the National Fuel Gas Code is designated as ANSI Z.223.1-1992 by the American National Standards Institute, Inc. (ANSI), and as NFPA 54-19926 by the National Fire Protection Association (NFPA). The National Fuel Gas Code is jointly published by the American Gas Association, 1515 Wilson Blvd., Arlington, Virginia 22209, and the National Fire Protection Association, 1 Battery MarchBatterymarch Park, PO Box 9101, Quincy, Massachusetts 02269-9101, and is available from them and may be ordered by calling 1-800-344-3555. All gas corporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the National Fuel Gas Code and to connect for service and light only those installations that:
(7-1-93)(        )
01.Inspected and Approved. Have been inspected and approved by authorized agencies, or,(7-1-93)(        )
02.National Fuel Gas Code. When inspecting agencies do not exist, to require their customers to abide by applicable provisions of the National Fuel Gas Code as a condition of receiving service or continuing to receive service.(7-1-93)(        )
203.UNIFORM MECHANICAL CODE (UMC) (Rule 203).
The Commission adopts by reference those portions of the Uniform Mechanical Code 19917 Edition and the undated first errata explicitly referring to gas or gas-burning appliances; provided, however, that unvented room heaters not meeting the requirements of Section 807(c) of the Uniform Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.2 of the National Fuel Gas Code. The Uniform Mechanical Code 19917 Edition is jointly published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, and the International Association of Plumbing and Mechanical Officials, 20001 South Walnut Drive, Walnut, California 91789-2825. All gas cCorporations subject to the jurisdiction of this Commission are required to abide by applicable provisions of the Uniform Mechanical Code and to connect for service and light only those installations that:(7-1-93)(        )
01.Inspected and Approved. Have been inspected and approved by authorized agencies, or,(7-1-93)(        )
02.Uniform Mechanical Code. When inspecting agencies do not exist, to require their customers to abide by applicable provisions of the Uniform Mechanical Code; provided, however, that unvented room heaters not meeting the requirements of Section 807(c) of the Uniform Mechanical Code may be connected for service if they comply with Sections 6.24 and 7.2 of the National Fuel Gas Code as a condition of receiving service or continuing to receive service.
(7-1-93)(        )
204. -- 300.(RESERVED).
Rules 300 through 400. Reporting of Accidents
301.IMMEDIATE REPORTING OF FATALITIES AND CERTAIN ACCIDENTS (Rule 301).
01.Reporting Required. 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 paragraphSubsection 02. Reports should be made to the Commission Secretary at [phone].
(7-1-93)(        )
02.Operating Property--Automobile Accident Exception. As used in this rule, operating property means electric plant as defined in sSection 61-118, Idaho Code, gas plant as defined in sSection 61-116, Idaho Code, pipelines as defined in sSection 61-114, Idaho Code, telephone line as defined in sSection 61-120, Idaho Code, or water systems as defined in sSection 61-124, Idaho Code. This rule does not apply to fatalities arising out of automobile accidents, even if the automobile 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.
(7-1-93)(        )
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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 sSection 61-517, Idaho Code.(7-1-93)(        )
304. -- 999.(RESERVED).