R08-0881Decision No. R08-0881
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
08R-226GPSDOCKET NO. 08R-226GPS
IN THE MATTER OF THE PROPOSED RULES FOUND IN THE RULES REGULATING GAS UTILITIES AND PIPELINE OPERATORS, 4 CODE OF COLORADO REGULATIONS 723-4.
Recommended Decision of 
administrative law judge 
dale e. isley 
adopting rules
Mailed Date:  August 25, 2008
I.	STATEMENT 
1.	The captioned rulemaking proceeding was commenced on June 19, 2008, when the Colorado Public Utilities Commission (Commission) issued its Notice of Proposed Rulemaking (NOPR) in this matter.  See, Decision No. C08-0609.  A copy of the proposed rules was attached to the NOPR as Attachment A.
2.	The NOPR was published in the July 10, 2008, edition of The Colorado Register.
3.	The purpose of this proceeding is to bring the Gas Pipeline Safety Rules (Rules) up to date and in compliance with amended safety rules promulgated by the U.S. Department of Transportation, 49 U.S.C. § 60105 et seq.  
4.	The statutory authority for these rules is set forth in §§ 24-4-103, 40-2-108, and 40-2-115, C.R.S.
5.	Written comments were filed in this proceeding by Public Service Company of Colorado (PSCo) and DCP Midstream (DCP).  
6.	A hearing was conducted in this matter on August 18, 2008.  Stephan Pott, Section Chief, Gas Pipeline Safety, appeared on behalf of the Staff of the Commission (Staff).  PSCo appeared through its legal counsel, Mr. Cowger, and its representative, Mr. Nolan.  DCP appeared through its representative, Ms. Jones. 
7.	During the course of the hearing Exhibit 1 was identified, offered, and admitted into evidence.    
8.	At the conclusion of the rulemaking hearing, the Administrative Law Judge (ALJ) took the matter under advisement.  In accordance with § 40-6-109, C.R.S., he now transmits to the Commission the record in this proceeding along with a written recommended decision.
II.	FINDINGS, CONCLUSIONS, AND DISCUSSION  
9.	As indicated above, the purpose of this proceeding is to bring the Rules up to date and in compliance with amended gas pipeline safety rules promulgated by the U.S. Department of Transportation (USDOT).  Prior to issuance of the NOPR, Staff conducted workshops in Parachute, Ignacio, and Denver, Colorado, in order to solicit industry input concerning the content of the proposed rules.  After the NOPR was issued, PSCo and DCP submitted written comments suggesting that the proposed rules be modified in certain respects.  Staff agreed that the proposed modifications were warranted and that they were necessary to fully bring the Rules into compliance with those promulgated by USDOT.  The subject modifications are set forth in Hearing Exhibit 1.
10.	At the hearing, both PSCo and DCP indicated that the Rules, as modified, adequately addressed the concerns set forth in their written comments.  Neither party suggested any further modification to the Rules.
11.	Based on the evidence of record, the ALJ finds and concludes that the Rules attached to this recommended decision are clear; are necessary to protect the public health, safety, and welfare; are understandable; do not conflict with other provisions of law; and do not duplicate other rules.  The Rules are in the public interest, and they should be adopted.  
12.	In accordance with § 40-6-109, C.R.S., the ALJ recommends that the Commission enter the following order.  
III.	ORDER
A.	The Commission Orders That:
1.	The Rules Regulating Gas Utilities and Pipeline Operators, 4 Code of Colorado Regulations 723-4, contained in Attachment A to this Order, are adopted.  
2.	This Recommended Decision shall be effective on the day it becomes the Decision of the Commission, if that is the case, and is entered as of the date above.  
3.	As provided by § 40-6-109, C.R.S., copies of this Recommended Decision shall be served upon the parties, who may file exceptions to it.  
a)	If no exceptions are filed within 20 days after service or within any extended period of time authorized, or unless the decision is stayed by the Commission upon its own motion, the recommended decision shall become the decision of the Commission and subject to the provisions of § 40-6-114, C.R.S.  
b)	If a party seeks to amend, modify, annul, or reverse basic findings of fact in its exceptions, that party must request and pay for a transcript to be filed, or the parties may stipulate to portions of the transcript according to the procedure stated in § 40-6-113, C.R.S.  If no transcript or stipulation is filed, the Commission is bound by the facts set out by the administrative law judge and the parties cannot challenge these facts.  This will limit what the Commission can review if exceptions are filed.  
4.	If exceptions to this Decision are filed, they shall not exceed 30 pages in length, unless the Commission for good cause shown permits this limit to be exceeded.  

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

______________________________
	Administrative Law Judge

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