Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Public Service Commission

Name of person completing this form:

Blair Renfro

Phone number of person completing this form:

517-284-8089

E-mail of person completing this form:

RenfroB@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2023-19 LR

Title of proposed rule set:

Gas Safety

3. Purpose for the proposed rules and background:

In order for Michigan to maintain jurisdiction over gas pipeline facilities and transportation, the state

must certify that it has adopted each applicable federal standard or is taking steps to adopt that

standard. 49 USC 60105(b)(2). Failure to adopt the updates to the federal standards will eventually

lead to reduction or termination of federal funding to the state to carry out enforcement of these

standards. In addition, failure to maintain local jurisdiction over pipeline regulation will mean that

pipelines located in Michigan will be forced to submit to federal regulators located in Washington

D.C. or other out-of-state locations. Thus, the primary purpose of these amendments is to adopt by

reference current federal regulations governing gas safety, along with updating certain other technical

standards contained in the rules.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

In order for Michigan to maintain jurisdiction over gas pipeline facilities and transportation, the state

must certify that it has adopted each applicable federal standard or is taking steps to adopt that

standard. 49 USC 60105(b)(2). Failure to adopt the updates to the federal standards will eventually

lead to reduction or termination of federal funding to the state to carry out enforcement of these

standards. In addition, failure to maintain local jurisdiction over pipeline regulation will mean that

pipelines located in Michigan will be forced to submit to federal regulators located in Washington

D.C. or other out-of-state locations. Thus, the primary purpose of these amendments is to adopt by

reference current federal regulations governing gas safety, along with updating certain other technical

standards contained in the rules.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

The Oakland Press, June 20, 2023.

The Mining Journal, June 20, 2023.

The Grand Rapids Press, June 20, 2023.

6. Date of publication of rules and notice of public hearing in Michigan Register:

7/1/2023

7. Date, time, and location of public hearing:

7/11/2023 09:00 AM at Lake Michigan Room , 7109 W. Saginaw Highway, Lansing, MI 48917

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1446

9. List of the name and title of agency representative(s) who attended the public hearing:

Anna Stirling - Michigan Department of Attorney General.

Tayler Becker - Michigan Public Service Commission.

Thomas Blair Renfro - Michigan Public Service Commission.

Lesley Fairrow - Michigan Office of Administrative Hearings and Rules.

10. Persons submitting comments of support:

No persons submitted comments of support at the public hearing.

11. Persons submitting comments of opposition:

No person submitted comments in opposition at the public hearing.

12. Persons submitting other comments:

Consumers Energy submitted comment suggesting a revision to R 460.20503, which is outside the

scope of this particular rulemaking process.

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

14.Date report completed:

9/21/2023

MCL 24.242 and 24.245

;