DAR File No. 40292

Public Service Commission, Administration

Rule R746-409

Pipeline Safety

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 40292
Filed: 03/31/2016 01:09:19 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 54-13-2 and 54-13-3 require the Public Service Commission (PSC) to establish pipeline safety standards and to adopt and enforce rules incorporating the Natural Gas Pipeline Safety Act. Rule R746-409 adopts safety rules and incorporates by reference 49 CFR Parts 190, 191, 192, 198, and 199, which implement requirements of the Natural Gas Pipeline Safety Act. This rule was recently amended to: 1) update the date of the referenced U.S. Department of Transportation pipeline safety regulations to 09/01/2015; 2) identify that penalties for violations of Pipeline Safety regulations fall under the jurisdiction of Title 54, Chapter 13, Part 8; 3) delete unnecessary and duplicative requirements; and 4) consolidate, update, and clarify reporting and operating requirements.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been submitted in the last five years. However this rule was recently amended; as a result comments were received from Questar Gas and the Division of Public Utilities. Questar was supportive of the amendment but recommended modifications or rewording in Sections R746-409-2, R746-409-3, and R746-409-4. The Division of Public Utilities also supported the amendment but recommended changes to Subsection R746-409-4(B)(2).

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary to comply with Section 54-13-2 and 54-13-3. As noted above, these statutes require the PSC to establish pipeline safety standards and to adopt and enforce rules incorporating the Natural Gas Pipeline Safety Act. Therefore, this rule should be continued.

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
• Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov

Effective:

03/31/2016

Authorized by:

Melanie Reif, Legal Counsel