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| Montana Administrative Register Notice 38-5-212 | No. 20 10/27/2011 | |
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BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On December 2, 2011, the Department of Public Service Regulation (PSC) proposes to amend the above-stated rules. 2. The PSC will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or who need an alternative accessible format of this notice. If you require an accommodation, contact the PSC no later than 4:00 p.m. on November 22, 2011, to advise us of the nature of the accommodation you need. Please contact Aleisha Solem, PSC Secretary, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601; telephone (406) 444-6170; TTD (406) 444-6199; fax (406) 444-7618; or e-mail ASolem@mt.gov. 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 38.5.1010 INCORPORATION BY REFERENCE OF NATIONAL ELECTRICAL SAFETY CODE (1) Pursuant to 69-4-201, MCA, the commission is empowered to implement and enforce construction standards for utility lines and facilities and for that purpose the commission adopts and incorporates by reference the AUTH: 69-4-201, MCA IMP: 69-4-201, MCA REASON: Amendment of ARM 38.5.1010 (periodic update) is necessary to allow the PSC to administer the most recent version of the National Electrical Safety Code. The PSC is required to update the utility electric standards to the most recent edition of the National Electrical Safety Code to comply with the statutory mandate in 69-4-201(2), MCA. A copy of The National Electrical Safety Code may be reviewed at the PSC offices or is available online at http://standards.ieee.org/findstds/standard/NESC-2012.html. 38.5.2202 INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS (1) The commission adopts and incorporates by reference the U.S. Department of Transportation (DOT) Pipeline Safety Regulations, Code of Federal Regulations (CFR), Title 49, chapter 1, subchapter D, parts 191, 192, and 193, including all revisions and amendments enacted by DOT on or before AUTH: 69-3-207, MCA IMP: 69-3-207, MCA 38.5.2302 INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS -- DRUG AND ALCOHOL TESTING AND PREVENTION PROGRAMS (1) Except as otherwise provided in this subchapter, the commission adopts and incorporates by reference the DOT Pipeline Safety Regulations, Drug and Alcohol Testing, 49 CFR 199, including all revisions and amendments enacted by DOT on or before AUTH: 69-3-207, MCA IMP: 69-3-207, MCA REASON: Amendment of ARM 38.5.2202 and 38.5.2302 (annual update) is necessary to allow the PSC to administer the most recent version of federal rules applicable in the PSC's administration of all federal aspects of Montana's pipeline safety programs. A copy of the referenced regulations may be reviewed at the PSC offices or are available online at http://www.access.gpo.gov/cgi-bin/cfrassemble.cgi?title=200349. 4. Concerned persons may submit their written data, views, or arguments (original and ten copies) to Legal Division, Public Service Commission, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601, and must be received no later than November 28, 2011, 5:00 p.m., or may be submitted to the PSC through the PSC's web-based comment form at http://psc.mt.gov (go to "Contact Us," "Comment on Proceedings Online," then complete and submit the form) no later than November 28, 2011. (PLEASE NOTE: When filing comments pursuant to this notice please reference "Docket No. L- 11.10.1-RUL.") 5. The Montana Consumer Counsel, 111 North Last Chance Gulch, Helena, Montana 59620-1703, telephone (406) 444-2771, is available and may be contacted to represent consumer interests in this matter. 6. If persons who are directly affected by the proposed amendment wish to express their data, views, or arguments either orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Justin Kraske, Legal Division, Public Service Commission, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601, or e-mail jkraske@mt.gov to be received no later than 5:00 p.m., November 28, 2011. 7. If the PSC receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be two entities based on the 27 entities affected. 8. The PSC maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the PSC. Persons who wish to have their name added to the list shall make a written request which includes that name, e-mail address, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: electric utilities, providers, and suppliers; natural gas utilities, providers, and suppliers; telecommunications utilities and carriers; water and sewer utilities; common carrier pipelines; motor carriers; rail carriers; and/or administrative procedures. Such written request may be mailed or delivered to Public Service Commission, Legal Division, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601, faxed to Aleisha Solem at (406) 444-7618, e-mailed to ASolem@mt.gov, or may be made by completing a request form at any rules hearing held by the PSC. 9. An electronic copy of this Proposal Notice is available on the PSC's web site and also through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register. However, the PSC advises that it will decide any conflict between the official version and the electronic version in favor of the official printed version. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. /s/ Travis Kavulla /s/ Dennis Lopach Travis Kavulla, Chairman Dennis Lopach Public Service Commission Rule Reviewer Certified to the Secretary of State, October 17, 2011.
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