C06-1066Decision No. C06-1066
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
06R-494GDOCKET NO. 06R-494G
IN THE MATTER OF the proposed RULES regulating Gas utilities and pipeline operators, 4 code of colorado regulations 723-4.
NOTICE OF PROPOSED RULEMAKING
Mailed Date:  September  13, 2006
Adopted Date:  September 6, 2006
I.	BY THE COMMISSION:
A.	Statement
1.	The Colorado Public Utilities Commission (Commission) hereby issues this Notice of Proposed Rulemaking (NOPR) regarding its Rules Regulating Gas Utilities and Pipeline Operators, 4 Code of Colorado Regulations (CCR) 723-4.
2.	The Commission repealed and reenacted its entire body of rules on April 1, 2006.  Due to the complexity of such an undertaking, the need for additional improvements to these rules is necessary.
3.	The basis and purpose of the proposed amendments is to ensure consistency, where possible, among the various sets of Commission rules, centralize common tariff and advice letter provisions in the Rules of Practice and Procedure and make conforming amendments to the substantive gas rules, clarify and supplement customer notice provisions and related definitions, remove the inadvertent exemption of transportation customers from billing rules, recognize the reorganization of the United States Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s Office of Pipeline Safety (OPS), clarify gas pipeline safety definitions and operator reporting requirements, update gas pipeline safety rules regarding procedural manual requirements, and make various stylistic, formatting, and grammatical changes.
4.	With regard to gas pipeline safety rules, interested persons should note the following:  In a future rulemaking the Commission will likely adopt recent amendments to 49 C.F.R. part 192 affecting gas gathering pipeline operators later this year after the next 49 C.F.R. publication date of October 1, 2006, with the understanding that in the event of a conflict between the provisions of 49 C.F.R. Parts 192 and rules 4900 to 4999 regarding the administrative, the enforcement, and the reporting requirements, rules 4900 to 4999 shall apply.  Therefore, the definitions in the 4900 series rules were modified to accommodate operators affected by this federal rulemaking.  Changes to Rule 4919 provide an update and clarification to operator’s requirements regarding the final gathering rule published in the Federal Register, Vol. 71, No. 50, March 15, 2006.
5.	The statutory authority for the proposed rules is found in §§ 29-20-108, 40-1-103.5, 40-2-108, 40-2-115, 40-3-102, 40-3-103, 40-3-104.3, 40-3-111, 40-3-114, 40-3-101, 40-4-106, 40-4-108, 40-4-109, 40-5-103, 40-7-117, and 40-8.7-105(5), C.R.S.
6.	The proposed amendments will be published in the October 10, 2006, edition of The Colorado Register.  Additionally, interested persons may acquire a copy of the proposed amendments, either in hard-copy or electronic form, from the Commission’s Records Management Unit.  The Records Management Unit may be contacted by phone or email at 303‑894-2040 or Cheryl.Fisher@dora.state.co.us, respectively.  The proposed amendments will also be available from the Commission’s website:
	www.dora.state.co.us/puc/rulemaking/RulemakingNotices.htm
7.	Considering the limited scope of the instant NOPR and the Commission’s desire to refine the product of the preceding rulemakings, the Commission requests that interested persons limit their comments to the proposed amendments only.  The instant rulemaking should not be construed as an opportunity to reopen contentious issues that have already been resolved in preceding rulemakings.
8.	An Administrative Law Judge (ALJ) will conduct a hearing on the proposed amendments and related issues at the below-stated time and place.  Interested persons may submit written comments on the proposed amendments, including data, views, or arguments, and present these orally at hearing unless the ALJ deems oral presentations unnecessary.  The Commission encourages interested persons to submit written comments before the hearing scheduled in this matter.  In the event interested persons wish to file comments before the hearing, the Commission requests that such comments be filed no later than November 3, 2006.  Reply comments should be submitted by November 13, 2006.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions, whether oral or written.
II.	ORDER
A.	The Commission Orders That:
1.	This Notice of Proposed Rulemaking shall be filed with the Colorado Secretary of State for publication in the October 10, 2006, edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge as follows:
	DATE:	November 16 and 17, 2006
	TIME:	9:00 AM
	PLACE:	Commission Hearing Room
	Office Level 2 (OL2)
	Logan Tower
	1580 Logan Street
	Denver, Colorado
3.	The ALJ may set additional hearings, if necessary.
4.	At the time set for hearing in this matter, interested persons may submit written comments and may present these orally unless the ALJ deems oral comments unnecessary.  Interested persons may file written comments in this matter before hearing.  The Commission prefers that such pre-filed comments be submitted in both paper and, when possible, electronic format no later than November 3, 2006.  Reply comments should be submitted by November 13, 2006.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING 
September 6, 2006.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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