VII. Service List
The changes and modification to GOs 95 and 128 in Appendix A could, if implemented in whole or in part, affect the electric corporations and municipalities providing electric service, and with instrumentalities, equipment and facilities in California. There have been no previous rulemaking dockets associated with GO 95 or 128 rule changes, and thus there are no existing service lists. We will, therefore, direct that a Notice of Availability in the form contained in Appendix B be served on all electric corporations and municipalities providing electric service. Persons and entities interested in participating in this proceeding may request copies of this rulemaking order by contacting the Commission's Central Files, or may view and download copies from the Commission's Internet site ( http://www.cpuc.ca.gov), and may file opening comments in this docket within 60 days from the date of mailing of the Notice of Availability.
After timely filing of opening comments, a proceeding service list will be formed by the Process Office, published on the Commission's Internet site, and updated as directed by the Assigned Commissioner throughout the proceeding. The service list will not automatically include those who received service of the Notice of Availability. Parties filing comments in response to Appendix A will be added to the service list automatically after their comments are received. Others who wish to be included on the service list must submit a written request to the Commission's Process Office, stating their full name, the entity they represent, the postal address and telephone number of the person to be served, an e-mail address where available, and their desired service list category (e.g., Appearance, State Service, or Information Only). All interested parties are reminded to submit written requests in a timely fashion. Parties serving documents may rely on the Commission's Internet service list published as of the date their documents must be served or may obtain a copy of the service list by calling our Process Office at (415) 703-2021.
IT IS ORDERED that:
1. A rulemaking is instituted for the purpose of considering whether to revise portions of General Order 95 and General Order 128 and/or to establish new rules applicable to electric corporations and municipal electric utilities operating in California.
2. This rulemaking is preliminarily determined to be a quasi-legislative proceeding as that term is defined in the Commission's Rules of Practice and Procedure, rule 5(d).
3. Interested parties are invited to file opening comments, including proposed changes to General Orders 95 and 128, responding to the items raised in Appendix A to this order. Comments shall conform to the requirements of the Commission's Rules of Practice and Procedure, Article 3.5 (Rulemaking), and opening comments shall be filed with the Commission's Docket Office and served no later than 60 days after the date Appendix B is mailed. Responses to opening comments may be submitted and shall be filed and served 60 days after opening comments. Parties filing opening comments or responses to opening comments are placed on notice that if hearings are held they may be required to provide testimony to support any assertions of fact.
4. The Assigned Commissioner's office shall set a date for a pre-hearing conference in the event that it is determined that one needs to be held.
5. Pursuant to Commission Rules of Practice and Procedure, rule 6(c)(2), parties shall include with their opening comments any objections they may have regarding the categorization of this proceeding as quasi-legislative.
6. The Executive Director shall cause a Notice of Availability in the form of Appendix B to this order to be served on all regulated electrical corporations
and municipal electric utilities operating in California.
7. After service of the Notice of Availability, a service list for this proceeding shall be formed following the procedures set forth in the Service List section in the body of this order. The Assigned Commissioner shall have on-going oversight of the service list and may institute changes to the list or the rules governing it, as needed.
This order is effective today.
Dated October 2, 2001, at San Francisco, California.
LORETTA M. LYNCH
President
RICHARD A. BILAS
HENRY M. DUQUE
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
APPENDIX A
California Public Utilities Commission
Consumer Services Division
GENERAL ORDERS 95 & 128
PROPOSED RULE CHANGES
Rule No. |
Proposed Change |
GO95, Rule 17 (New) |
Add rule requiring operators of supply lines to investigate accidents for the purpose of determining the causes and minimizing the possibility of recurrences. |
GO95, Rule 23.3-B |
Change the definition of "private thoroughfares." |
GO95, Rule 31.6 |
Clarify the intent of the rule by defining "permanently abandoned." |
GO95, Rule 35 |
Incorporate by reference the Public Resources Code transmission and distribution line clearance requirements and eliminate exceptions 2 and 4. |
GO95 Rule 37, Table 1, Case 10 |
Add clearance requirements between overhead lines and antennas that are not part of the overhead line. |
GO95, Rule 44.2 |
Eliminate reduction of safety factors based on changes in construction arrangement and correct safety factor requirement. |
GO95, Rule 60 |
Incorporate by reference the NESC rules applicable to generating stations and substations. |
GO95, Rule 81.3-A |
Correct safety factor requirement. |
GO128, Rule 17.7 |
Revise rule to be consistent with Government Code section 4216 requirements. |
GO128 Rule 17.8 |
Revise rule to include self-contained surface-mounted equipment. |
GO128, Rule 18 (New) |
Add rule requiring operators of supply lines to investigate accidents for the purpose of determining the causes and minimizing the possibility of recurrences. |
GO128, Rule 33.4-A (3)(a) |
Modify underground clearance requirement between supply cables and gas transmission lines to be consistent with GO112-E. |
GO128, Rule 35.2 |
Clarify the intent of the rule by stating that it is applicable to workers as well as the general public. |
Rationale for Proposed New Rule
GO95 Rule 17
Investigation of Failures
Adopt language requiring utilities to investigate major accidents to find the causes and prevent recurrence similar to GO112-E, Reference 49 CFR, Part 192, section 192.617 "Investigation of Failures" which is applicable to natural gas utilities.
Proposed New Rule
GO 95 Rule 17
Investigation of Failures
17 Investigation of Failures
Each operator of supply lines shall investigate major accidents and failures as set forth by the Commission for the purpose of determining the causes and minimizing the possibility of recurrence and/or future similar events. In addition, entities subject to the Commission's jurisdiction shall, upon request, timely provide the Commission with all investigative reports, causal analysis and findings, and other pertinent investigative reports, records and other materials regarding each event inquired into by the Commission staff.
Rationale for Proposed Rule Change
GO 95 Rule 23.3-B
Private Thoroughfares
