20151023LSO Memo.pdf

L*gtslatiYe Seniees Offire
Idaho State L*gr*Iature
Eric ilIiktsrd
Director
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TO:
MEMORANDUM
Rules Review Subcommittee of the Senate State Affairs Committee and the House State
Affairs Commiffee
FROM: Division Manager - Mike Nugent
DATE: October 05,2015
SUBJECT: Public UtilitiesCommission
IDAPA 3l.l l.0l - Safety and Accident Reporting Rules for Utilities Regulated by the Idaho Public Utilities
Commission - Proposed Rule (Docket No. 3l-l l0l-1501)
IDAPA 31.71.03 - Railroad Safety and Accident Reporting Rules - Proposed Rule (Docket No. 3l-7103-
l50l)
The Idaho Public Utilities Commission is proposing to promulgate two sets of rules regarding safety and
accident reporting by utilities regulated by the Commission and by railroads.
The Commission's proposed safety and accident reporting rules (IDAPA 3l.ll.0l) adopt by reference
several national safety codes applicable to electric and natural gas utilities and federal safety regulations ap-
plicable to natural gas and pipeline utilities. Currently, Rule 201 adopts the 20ll edition of 49 Code of Fed-
eral Regulations (CFR) Parts l9l- 193,195 and 199 addressing the construction and operation of natural gas
pipelines. Next, Rule 202 incorporates by reference the2012 edition ofthe Intemational FuelGas Code (IFGC)
published by the International Code Council. Finally, Rule 203 incorporates by reference the 2012 edition of
the International Mechanical Code (IMC) for natural gas or gas-buming appliances. The Commission proposes
to update these three safety rules by adopting the 2015 edition of the IMC, the 2015 edition of the IFGC, and
the October 1,2014 edition of the federal pipeline safety CFRs. There are no major revisions to the 20ll
edition of the federal Pipeline Safety Regulations. There are several revisions included in the 2015 edition
of the IFGC. First, the Code Council has added Section 307.6 regarding the operation of new condensation
pumps located in uninhabitable spaces. Second, Sections 402.2 and Tables 402.4(3) and 402.4(4) have been
revised to address volumetric flow rates of new gas appliances above 2,000 feet in elevation and Schedule 40
metallic pipe. Finally, Sections 404.5 through 404.7 .3 have been revised to revise the integrity of new piping
systems in concealed locations. There are also several revisions included in the 2015 edition to the IMC. First,
Section 505.3 requires common exhaust systems for new domestic kitchens in multistory buildings to comply
with revised design requirements. Sections 507.1 through 507.1.2 revised design features for new commercial
kitchens using natural gas. Section 601 .5 has revised the return air opening standards. Finally, Section 412.6
addresses the transfer ofLP-gas dispensing operations and safety clearances.
The Commission's proposed railroad safety and accident reporting rules 103 and 104 adopt by reference
the federal safety regulations pertaining to the transportation of hazardous materials by railroads issued by
the federal Pipeline and Hazardous Material Safety Administration (PHMSA). Currently, Rules 103 and 104
Mike Nugent, Manager
Research & Legislation
Cathy Holland-Smith, Manager
Budget & Policy Analysis
April Renfro, Manager
Legislative Audits
Glenn Harris, Manager
Information Technology
Statehouse, P.O. Box 83720
Boise, Idaho 83720{054
"tel:. [phone]
www.legislature.idaho.gov
adoptthe October 1,2013 edition of Title 49 of the Code of Federal Regulations (CFR). The Commission
proposes to adopt the2014 edition of the CFR for both Rules 103 and 104. Since Rule 103 was last updated in
2013, the PHMSA has amended 49 C.F.R. Part 173.150 revising procedures and restrictions for the shipping
of various amounts of ethyl alcohol in liquid or solid form. These changes became effective on April 17,2014.
79 Fed.Reg. 15,033-01 ,15,040-46 (March 18,2014). The current edition of Title 49 of the CFRwas published
on October 1,2014.
It appears that both sets of proposed rules have been promulgated within the scope of statutory authority
granted to the Public Utilities Commission.
cc: Public Utilities Commission
Jean D. Jewell
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