C08-0609Decision No. C08-0609
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.
notice of proposed rulemaking
Mailed Date:  	June 19, 2008
Adopted Date:	June 19, 2008
I.	BY THE COMMISSION
A.	Statement
1.	The Commission hereby publishes this Notice of Proposed Rulemaking (NOPR) regarding amendments to the rules relating to the gas pipeline safety program, 4 Code of Colorado Regulations (CCR) 723-4.  A copy of the proposed rules in legislative format is attached to this NOPR and is available on the Commission’s website.
2.	During the Commission’s October 3, 2007 Weekly Meeting, Commission Staff discussed plans for a round table workshop format where safety issues and gas pipeline safety rule changes were to be discussed.  As part of this effort, meetings were held in Denver, Ignacio, and Parachute in preparation for the NOPR.  This NOPR also amends the existing state pipeline safety rules by adopting federal amendments up to October 1, 2007.
3.	Generally, the basis and purpose of the proposed rules is to bring the Gas Pipeline Safety 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.  The statutory authority for these rules is set forth in §§ 24-4-103, 40-2-108, and 40-2-115, C.R.S.
4.	The Commission will conduct a hearing on these proposed rules and related issues at the below stated time and place.  Interested persons may submit written comments on the rules, including data, views, or arguments, and present these orally at hearing unless the Commission deems oral presentations unnecessary.  The Commission also 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 August 1, 2008.  Reply comments should be submitted by August 11, 2008.  The Commission prefers that interested persons submitting comments do so both in paper and, when possible, electronic format.  While not required, the Commission also prefers that interested parties submitting suggested language changes do so in legislative format. The Commission may post electronically submitted comments to its web site.  The Commission will consider all submissions.
5.	In submitting comments or replies, interested persons are invited to suggest changes that will make the subject rules more efficient, rational, or meaningful.  We recognize that regulation imposes costs; therefore, suggestions concerning rules that may be unnecessary or unduly burdensome will be fully considered by the Commission.
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 July 10, 2008 edition of The Colorado Register.
2.	A Hearing on the proposed rules and related matters shall be held before an Administrative Law Judge (ALJ) as follows:
	DATE:	August 18, 2008
	TIME:	9:00 a.m.
	PLACE:	Commission Hearing Room
	1560 Broadway, Suite 250
	Denver, Colorado
3.	The ALJ may set additional hearings to continue the discussion and comment, 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 August 1, 2008.  Reply comments should be submitted by August 11, 2008.
5.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
June 19, 2008.

		THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

________________________________

________________________________
	Commissioners
	
	COMMISSIONER JAMES K. TARPEY
ABSENT.
	
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