Public Service Commission, Administration

Section R746-409-1

General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 35236
Filed: 09/15/2011 08:59:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule amendment is to change the "as amended" date of a federal regulation that is incorporated by reference in the rule.

Summary of the rule or change:

The rule adopts and incorporates by reference Parts 190, 191, 192, 198, and 199 of Title 49 of the Code of Federal Regulations )CFR) relating to pipeline and hazardous materials safety. Currently, the rule incorporates these Parts "as amended October 1, 2006." The proposed rule change will incorporate these Parts "as amended October 1, 2010," the latest published update.

State statutory or constitutional authorization for this rule:

• Section 54-13-3
• Section 54-13-5
• Section 54-13-6

This rule or change incorporates by reference the following material:

• Updates 49 CFR Parts 186 to 199, published by Government Printing Office, 10/01/2010

Anticipated cost or savings to:

the state budget:

The additional cost depends on usage level. The increase will be approximately $1 for every 88 decatherms of natural gas usage. (An average residential customer uses about 80 decatherms per year.)

local governments:

The additional cost depends on usage level. The increase will be approximately $1 for every 88 decatherms of natural gas usage. (An average residential customer uses about 80 decatherms per year.)

small businesses:

The additional cost depends on usage level. The increase will be approximately $1 for every 88 decatherms of natural gas usage. (An average residential customer uses about 80 decatherms per year.)

persons other than small businesses, businesses, or local governmental entities:

The additional cost depends on usage level. The increase will be approximately $1 for every 88 decatherms of natural gas usage. (An average residential customer uses about 80 decatherms per year.)

Compliance costs for affected persons:

The natural gas distribution utility in this state will have increased annual operating costs to comply with new gas distribution integrity management system requirements. The annual operating cost increase is estimated at $1,024,600. The increased costs noted above are the increased gas rates necessary to recover the increased operating costs for the gas distribution utility.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Public Service Commission rules are being updated to reflect the most recent federal natural gas pipeline safety requirements. The natural gas distribution utility serving Utah will recover its compliance costs through usage-based rates, as described under "Aggregate anticipated cost or savings" above.

Ted Boyer, Commission Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov
• David Clark at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

David Clark, Legal Counsel

R746. Public Service Commission, Administration.

R746-409. Pipeline Safety.

R746-409-1. General Provisions.

A. Scope and Applicability -- To enable the Commission to carry out its duties regarding pipeline safety under Chapter 13, Title 54, the following rules shall apply to persons owning or operating an intrastate pipeline facility as defined in that chapter, or a segment of that chapter including, but not limited to, master meter systems, as well as persons engaged in the transportation of gas.

B. Adoption of Parts 190, 191, 192, 198, and 199 -- The Commission hereby adopts, and incorporates by this reference, CFR Title 49, Parts 190, 191, 192, 198, and 199, as amended, October 1, 2010[October 1, 2006]. Persons owning or operating an intrastate pipeline facility in Utah, or a segment thereof, as well as persons engaged in the transportation of gas, shall comply with the minimum safety standards specified in those Parts of CFR Title 49.

 

KEY: rules and procedures, safety, pipelines

Date of Enactment or Last Substantive Amendment: [March 27, 2007]2011

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6