S-1698               _______________________________________________

                                                   SENATE BILL NO. 4262

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Owen, Benitz, Stratton and McManus

Read first time 2/8/85 and referred to Committee on Energy and Utilities.

AN ACT Relating to expiration dates for contracting authority of joint operating agencies; amending RCW 43.52.490; adding a new section to chapter 43.52 RCW; and repealing RCW 43.52.621.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 28, Laws of 1977 ex. sess. as amended by section 1, chapter 173, Laws of 1981 and RCW 43.52.490 are each amended to read as follows:

          An operating agency shall have the power to amend a contract previously let for the construction of a nuclear generating project and associated facilities, by change order or other writing, if the managing director certifies to the executive board or executive committee and the executive board or executive committee finds in an open public meeting that:

          (1) Such amendment is necessary to comply with applicable regulations or standards of any state or federal governmental agency, or with any change in plans or specifications recommended by the architect-engineer in charge of the project or under his (its) direction or by the managing director for the purpose of improving the safety or feasibility of the project or expediting completion of the project on the most advantageous terms in the public interest;

          (2) Such amendment does not provide for a type of construction basically different from that provided for in such contract;

          (3) The plans and specifications for work to be performed under the contract amendment are at least fifty percent complete; and

          (4) Such amendment specifies that the contractor will be compensated for actual work performed valued at its contracted cost.

          Nothing in this 1981 act may be construed to bear on the validity of any contract amendment executed under the law as it existed prior to May 14, 1981, or to affect any judicial proceeding arising from actions taken under such law.

          ((This section shall expire on December 31, 1987, or on the date that construction is completed on those nuclear generating projects which are under construction by any joint operating agency on May 14, 1981, whichever is sooner.))

NEW SECTION. Sec. 2.  A new section is added to chapter 43.52 RCW to read as follows:

          RCW 43.52.490, 43.52.500, and 43.52.615 shall expire on the date that those nuclear generating projects which are under construction by any joint operating agency on February 1, 1982, are declared by the managing director to be in commercial operation.

NEW SECTION. Sec. 3.  Section 8, chapter 44, Laws of 1982 1st ex. sess. and RCW 43.52.621 are each repealed.