20180830Proposed Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.71.03 - RAILROAD SAFETY AND ACCIDENT REPORTING RULES
DOCKET NO. 31-7103-1801
NOTICE OF RULEMAKING. PROPOSED RULE
AUTHORITY: In compliance with Sections 67-522I(1) and 6l-5226, 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 HEARING SCHEDULE: 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 the hearing, to the agency
address below.
DESCRIPTM SUMMARY: The following is the nontechnical explanation of the substance
and purpose of the proposed rulemaking:
The Utility Safety and Accident 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 101 adopts the 2012
Edition of the National Electric Safety Code ("NESC"). The proposed rule would adopt the 20ll
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.
FEE SUMMARY: The following is a specific description of the fee or charge imposed or
increased:
There are no fees associated with this proposed rulemaking.
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:
There is no fiscal impact on the state general fund resulting from this rulemaking
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), 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 REFERENCE: Pursuant to Section 6l-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 concerning the temporary and proposed
rule, contact Edward Jewell, Deputy Attorney 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 thisi2 day of August 2018
Diane M. Hanian
Commission Secretary
Idaho Public Utilities Commission
472W. Washington
Boise, ID 83702-5918
PO Box 83720
Boise, lD 83720-0074
Telephone: [phone]
Facsimile: (208) 334-37 62