WSR 97-22-081

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed November 4, 1997, 3:58 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-17-047.

Title of Rule: Amending commission procedural and administrative rules in chapters 480-04 and 480-11 WAC. Docket No. A-970591.

Purpose: This rule making is intended to update the information in these chapters to reflect current practices and current office locations and to address the standards identified in Executive Order 97-02: The rules' need; effectiveness and efficiency; clarity; intent and statutory authority; coordination; cost; and fairness.

Statutory Authority for Adoption: RCW 80.04.010.

Statute Being Implemented: RCW 80.04.010.

Summary: See Purpose above.

Reasons Supporting Proposal: See Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Steve McLellan, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

Name of Proponent: Washington Utilities and Transportation Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 480-04 WAC provides information relating to the commission's organization and its offices and relating to access to information about and in the possession of the agency. It is being updated to reflect current organization and office location, and to make changes in compliance with Executive Order 97-02, considering the rules' need; effectiveness and efficiency; clarity; intent and statutory authority; coordination; cost; and fairness.

Chapter 480-11 WAC governs through adoption by reference of rules of the Department of Ecology for compliance with requirements of SEPA, Washington State's Environmental Policy Act. The changes are intended to make the provisions more readable, consistent with the intention of the Executive Order.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules have no effect on business costs.

RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies, and this rule change is not a significant legislative rule as defined therein.

Hearing Location: Commission Hearing Room, Chandler Plaza, Second Floor, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on December 10, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Valentine by December 3, 1997, TDD (360) 586-8303, or (360) 664-1133.

Submit Written Comments to: Steve McLellan, Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, FAX (360) 586-1150, by December 1, 1997.

Date of Intended Adoption: December 10, 1997.

October 31, 1997

Gloria Papiec

for Steve McLellan

Secretary

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-020 Definitions. (1) Public records. "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by the commission regardless of physical form or characteristics.

(2) Writing. "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation((, including)). "Writing" includes letters((,)); words((,)); pictures((,)); sounds ((or)); symbols((, or combination thereof, and all)); telefacsimile copies((,)); papers((,)); maps((,)); magnetic or paper tapes((,)); photographic films and prints((,)); magnetic or punched cards((, discs,)); diskettes; drums; and other documents.

(3) Washington utilities and transportation commission. The Washington utilities and transportation commission, referred to as "the commission" in these rules, is the commission appointed by the governor ((pursuant to)) under RCW 80.01.010.

Where appropriate, the term "commission" also refers to the staff and employees of the Washington utilities and transportation commission.

(4) Secretary. "Secretary" means the secretary of the commission. ((Except as)) Unless otherwise ((provided)) restricted, the term "secretary" also refers to the acting secretary and to the secretary's designee.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-020, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-020, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-412, Docket No. TV-940121, filed 5/4/94, effective 6/4/94)

WAC 480-04-030 ((Description of central and field)) Organization of the Washington utilities and transportation commission. (1) The Washington utilities and transportation commission consists of three members who are appointed by the governor ((pursuant to)) under RCW 80.01.010. The governor designates one member as the ((chairman)) commission chair.

(2) The administrative office of the commission, also known as the headquarters office, is located at 1300 S. Evergreen Park Drive S.W., Olympia, Washington. Its mailing address is Washington Utilities & Transportation Commission, 1300 S Evergreen Park Dr SW, PO Box 47250, Olympia WA 98504-7250. Its telephone number is (360) 753-6423. The commission maintains no other offices.

(3) The commission is organized into the following principal parts: Regulatory services division; administrative services division; ((transportation division; utilities division;)) policy planning and research section; public affairs section; and ((regulatory affairs)) legal, accounting, and policy development section. The head((s)) of ((the listed parts are)) each section or division is responsible directly to the commissioners. ((They are housed in the commission's headquarters office.

(4) The commission has two regional offices, each of which is in the charge of a regional manager. Each of the offices is open during customary commission hours. As of the effective date of this rule, the addresses of the commission's regional offices were as follows:

Office Address

(a) Kent Region West Meeker Square

1313 West Meeker Ave.

Kent, WA 98032

(206) 859-1727

(b) Spokane East 6204 Dean

Region Spokane, WA 99206

(509) 533-2475

Because regional office addresses may change from time to time, current addresses and telephone numbers should be obtained from the local telephone directory or from the commission's administrative office.

(5) Each regional office maintains one or more field offices. The addresses and office hours of the various field offices are available at the regional offices and the commission's administrative office.))

[Statutory Authority: RCW 80.01.040. 94-11-002 (Order R-412, Docket No. TV-940121), 480-04-030, filed 5/4/94 effective 6/4/94; 92-07-006 (Order R-368, Docket No. A-910530), 480-04-030, filed 3/5/92, effective 4/5/92. Statutory Authority: RCW 80.01.040 (1) and (4). 81-06-061 (Order R-157, Cause No. TV-1429), 480-04-030, filed 3/4/81; Order R-43, 480-04-030, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-050 Public information; public ((submittals)) submissions or requests other than requests for public documents. (1) General information concerning utilities and transportation matters subject to the commission's jurisdiction is available through the commission's administrative office, ((district offices, and field offices)) and on the commission's internet home page. The home page address at the time this rule is adopted is <http:\www.washington.edu\wutc.wa.gov>.

(2) ((Information concerning whether a common or contract carrier of solid waste or motor freight currently has operating authority, the scope of that authority, and the current commission-published tariffs of carriers of motor freight, may be obtained by requesting the information from the commission's)) Anyone may request information from the commission administrative office, ((from the manager of any district office, or from a commission field agent at any field office. Requests for inspection or copying of records which are the source of such information must comply with WAC 480-04-090. Because some information may not be readily available in a district or field office, staff may be unable to process a request for information made to a district or field office as promptly as a request made to the commission's administrative office)) concerning whether a common or contract carrier of solid waste or motor freight currently has operating authority; the scope of that authority; and the current commission-published tariffs of carriers of motor freight. Requests for inspection or copying of records which are the source of the information must comply with WAC 480-04-090.

(3) Documents or written requests for information should be submitted to the office of the secretary of the commission. Written communications should be in the form and should contain the information prescribed in WAC 480-09-100.

(4) ((Requests)) Any person may ((be made)) request information from the commission by telephone ((to the commission's public number, and will be routed)) or electronic mail. The commission will do its best to route the inquiry to staff who can assist the requester.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-050, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-050, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-060 Public records available; hours for inspection and copying. (1) Except as otherwise provided by RCW 42.17.310 (exempt records), RCW 42.17.260(6) (lists of individuals requested for commercial purposes), RCW 80.04.095 (records containing commercial information), WAC 480-09-015, these rules, and other provisions of the law, all public records of the commission, as defined in WAC 480-04-020(1), are available for public inspection and copying.

(2) The commission shall act promptly on requests for inspection and copying.

(3) The commission shall respond in accordance with these rules to requests received by mail for identifiable public records.

(4) Public records shall be available for inspection and copying during the commission's customary office hours. For purposes of this chapter, the customary office hours of the commission's administrative ((and district)) office((s)) shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-060, filed 3/5/92, effective 4/5/92. Order R-43, 480-04-060, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-065 Records index. The commission will publish and index its significant adjudicative decisions; declaratory orders; ((and)) interpretive statements; and policy statements.

(1) Each month, the commission will publish ((separately)) and make available to subscribers its adjudicative ((decisions)) orders entered the prior month which resolve contested issues or which it believes will be of interest or significance. ((The commission)) Each publication will include declaratory orders ((and)); interpretive and policy statement((s)); and will include a summary of the decisions, orders, and statements ((with each publication)).

(2) The commission will annually publish indices of the principles which are applied in the text of published orders and statements entered during the prior year.

(3) The publications will be available for sale at the commission's estimated actual cost of reproduction and distribution. They will also be available for inspection during office hours ((in each district office of the commission and)) in the ((commission's library)) commission branch of the Washington state library, associated with its headquarters office in Olympia.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-065, filed 3/5/92 effective 4/5/92.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-070 Public records officer. The secretary of the commission is the public records officer of the commission for all records maintained by the commission. The secretary's office is located in the commission's administrative office. ((As the commission's)) The public records officer((, the secretary)) shall be responsible for implementing the commission's rules ((and regulations)) regarding release of public records; coordinating the staff of the commission in this regard; and for compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-070, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-070, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-090 Requests for public records. (1) Most requests for public records can be handled quickly and informally. You may ask to look at a document, or get a copy of a document. You may ask orally, in person or by telephone. You may also ask informally in writing, by letter or electronic mail. Requests may be made by electronic mail to <records@wutc.wa.gov>.

(2) The commission normally requires a written request.

(a) If you ask for large quantities of information, or have a list or an unusual request, the commission may need a written record to make sure that you get all the information you have requested, or to make sure that the charges are proper.

(b) If the information that you want might be within one of the exceptions of the law requiring disclosure, the commission may need a written request to make sure that the decision is made properly, by the right person, and that you get the response you are entitled to. Examples of information that might be exempt from disclosure include documents that have been designated "confidential" by the person providing them to the commission, documents containing private or personal information, and documents that may be involved in litigation or hearings.

RCW 42.17.250 through 42.17.320 require that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency((, and)). RCW 80.04.095 protects records containing commercial information. ((To allow compliance with those statutes, public records (other than public information identified in WAC 480-04-050) may be inspected or copies of such records may be obtained, by members of the public, in accordance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the commission or in a letter containing equivalent supporting information. The prescribed form shall be available at the commission's administrative office and at each of its district and field offices.

(2) A request shall be made during the commission's customary office hours.

(3) A)) (3) If you need to make a written request for information, you may use a "public records request" form provided by the commission or you may write a letter that contains the information listed below. If you want to use the form, you can get a copy at the commission's office or you can ask to have it sent to you.

(4) Written requests for documents should be addressed to the secretary of the commission. You may give the request ((may be initiated at any office of the commission, by giving the written request)) to the receptionist or to any other available commission staff member; except that a request for a record ((or portion thereof)) which has been designated as confidential under the provisions of RCW 80.04.095 or WAC 480-09-015 must be submitted to the secretary of the commission as ((provided in)) required by WAC 480-09-015(5). ((Mailed requests should be addressed to the secretary of the commission.

(4))) (5) A request shall include the following information:

(a) ((The name of the person requesting the record;

(b) The time of day and calendar date on which the request is made;

(c) If the person requesting the record represents another individual or organization on whose behalf the request is made, the identity of such individual or organization;

(d) A statement, heading or other clear indication that the request is a request for inspection and/or copying of public records, and a statement of the nature of the access requested (copying or inspection, or both);

(e) A description of the record requested sufficiently specific to allow the record to be readily identified. A reference to the requested record as it is described in the current index maintained by the secretary of the commission will be helpful in identifying it;

(f))) Your name and address.

(b) When you are making the request.

(c) For whom (the individual, business, or other organization) you are making the request, if not only for yourself personally.

(d) A clear indication (such as in a heading or title) that you are requesting public records, to help make sure that the request is handled properly.

(e) Whether you want to inspect the document or get a copy of it, or both.

(f) A description of the record you want that is clear enough that commission staff can find the record. If you know how it is described in the index maintained by the secretary of the commission, that would be helpful in identifying it.

(g) A statement of whether a purpose of the request is to obtain a list of individuals to be used for commercial purposes.

(((5))) (6) Commission staff will make a reasonable effort to assist in identifying and ((securing)) providing the public record ((requested)).

(7) The commission may waive the need for a completed form when doing so supports the commission's administrative convenience and is not inconsistent with legal requirements or public policies.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-090, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-090, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-095 Disclosure procedure. (1) ((If a request is incomplete or otherwise deficient,)) The secretary ((or the secretary's designee)) will promptly notify ((the requester of the deficiency which has been identified in the request,)) you if commission staff notices that the request is incomplete, and will ((endeavor to)) tell you what the problem is. The secretary will assist ((the requester)) you in completing or correcting ((the)) your request. Notifying the requester of a deficiency is not a denial of the request. The secretary may ((take action)) act on a deficient request to the extent ((appropriate, consistent with the commission's obligation to respond promptly to requests for public records)) that doing so is reasonable.

(2) Upon ((the receipt of)) receiving a ((sufficient)) complete request, the secretary ((or the secretary's designee)) shall review ((a)) the requested record((,)) to determine whether the record or a portion of ((the record)) it is exempt from disclosure under ((the provisions of)) RCW 42.17.260, 42.17.310, or other provision of law. The review shall ((include a determination of)) also discover whether any of the requested records include confidential information, as defined in WAC 480-09-015((, is being requested, and whether the record or any portion of the record has been)) or designated as confidential under ((the provisions of)) RCW 80.04.095 and WAC 480-09-015.

(3) To the extent required ((to prevent an unreasonable invasion of)) protect the personal privacy interests protected by RCW 42.17.310 and 42.17.315, the commission will delete identifying details from a public record when it makes the record available or publishes it. In each case, the ((justification)) reasons for the deletion will be explained in writing.

(4) Only the secretary((, or in the absence of the secretary, the acting secretary,)) is authorized to deny requests for public records under these rules. Any action other than ((the)) granting ((of)) access to public records, when taken by a person other than the secretary ((or acting secretary)), is a deferral of action, and not a denial of a request. Any commission staff member who does not grant access to a public record ((upon)) when a ((sufficient)) complete written request is made must immediately ((remit)) take or send the requested document together with the written request to the secretary ((or acting secretary)) for prompt decision granting or denying the request.

(5) ((A response by the secretary or acting secretary refusing, in whole or part, inspection of any public record shall specify the reasons for the denial, in writing, at the time of the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld. The remainder of the record shall be promptly disclosed.)) When the secretary refuses to grant access to all or part of a public record, she or he shall provide the requester a written statement identifying the exemption authorizing the action and how it applies to the requested record. Any portion of the record that is not subject to exemption shall be promptly disclosed.

(6) Records containing "confidential information."

(a) If a requested record contains information that ((the information provider)) has been designated confidential under ((the provisions of)) RCW 80.04.095 and WAC 480-09-015, and the requester has not specifically requested confidential information, the secretary shall ((advise)) tell the requester that material ((in the file or group of documents)) has been designated confidential, and ((shall confirm)) make sure that the requester ((is requesting such)) does want the confidential information, ((prior to)) before processing the request ((under WAC 480-09-015)).

(b) ((To the extent)) A request ((is)) for a record ((or portion thereof)) designated as confidential under the provisions of RCW 80.04.095 and WAC 480-09-015((, it)) shall be processed in accordance with the provisions of WAC 480-09-015.

(7) ((Any person continuing to seek disclosure,)) After ((having received)) receiving a written explanation for nondisclosure ((pursuant to)) under this rule, any person who still wants disclosure may request a review under the provisions of WAC 480-04-120.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-095, filed 3/5/92, effective 4/5/92.]

AMENDATORY SECTION (Amending Order R-340, Docket No. A-900424, filed 3/14/91, effective 4/14/91)

WAC 480-04-100 Copying and service costs. The commission ((shall)) will provide copies of ((information and)) public records upon ((written)) request.

(1) The commission shall charge a published fee for ((each single-sided page of copy, provided that no charge shall be made for a photocopy of a record consisting of five single-sided pages or fewer)) copying and providing information. The commission may, by order, establish and change prices and establish the maximum number of various kinds of copies that will be provided without charge.

(2) Except as provided in WAC 480-09-125, the ((base)) charges for services ((shall be)) at the time this rule is adopted are as follows:

(a) Photocopies ((shall cost twenty)), fifteen cents per page for fifty-one or more copies.

(b) Certified copies ((shall cost two dollars and fifty cents)), three dollars per certified sheet.

(c) Telefacsimile (FAX) transmissions ((shall cost)), fifty cents per page, for transmissions of six or more pages.

(d) Computer lists or printouts ((shall cost)), fifty cents per page for six or more pages.

(e) Computer data copied onto floppy ((disks)) diskettes shall cost five dollars per ((disk)) diskette.

(f) Audio tapes ((shall cost four)), five dollars each.

(g) Video tapes ((shall cost fifteen)), five dollars each.

(h) Color copies, one dollar per page.

(i) No charge is made for documents provided by electronic mail.

(3) Sales tax, at the current rate, shall be added to the ((base)) price of each item.

[Statutory Authority: RCW 80.01.040. 91-07-025 (Order R-340, Docket No. A-900424), 480-04-100, filed 3/14/91, effective 4/14/91. Statutory Authority: RCW 80.01.040 (1) and (4). 81-06-061 (Order R-157, Cause No. TV-1429), 480-04-100, filed 3/4/81. Statutory Authority: RCW 42.17.300. 78-02-020 (Order R-112), 480-04-100, filed 1/11/78; Order R-43, 480-04-100, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-110 ((Exemptions; qualifications on nondisclosure.)) Information for commercial purposes. (((1) The commission reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 480-04-090 is exempt from disclosure under the provisions of RCW 42.17.260, 42.17.310, or any other provision of law.

(2) In addition, pursuant to RCW 42.17.260(1), the commission reserves the right to delete identifying details when it makes available or publishes any public record, in any case when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The justification for the deletion will be explained in writing.

(3) The commission will not give, sell, or provide access to lists of individuals requested for commercial purposes,)) Except as provided in RCW 42.17.260(6), the commission will not give, sell, or provide access to lists of individuals if the information is requested for commercial purposes.

(((4) To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.

(5) No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as required by RCW 42.17.310(2).))

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-110, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-110, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-120 Review of denials of public records requests. (1) If ((the person requesting)) you are denied disclosure ((disagrees)) of a public document and disagree with the denial ((of a request for a public record, the person)) you may ((petition for prompt review of the decision by submitting a written request for review to the secretary)) ask the secretary, in writing, for a review of the denial. The ((written)) request for review shall ((specifically refer to the)) describe or enclose the secretary's written statement ((by the secretary or acting secretary)) which constituted or accompanied the denial. Requesting this review is optional((, and failure to request this review does not constitute failure to exhaust administrative remedies)).

(2) A request for review may be made in person at the commission's administrative office ((or at a district office,)) or may be made by mail or electronic mail. ((Response to a request which is made at a district office or by mail may take longer than response to a request made at the administrative office.))

(3) Promptly after receiving a written request for review ((of a decision denying disclosure,)) the secretary ((or acting secretary)) shall review the ((denial)) decision. ((The secretary or acting secretary)) He or she may reconsider the denial decision, or may refer the request to the commission for review at a ((regular or special)) commission meeting ((of the commission)).

(4) ((If a revised decision is not sooner returned,)) The commission's review of a decision denying disclosure ((shall be deemed completed)) is final at the end of the second business day following the secretary's ((or acting secretary's)) initial denial decision, ((and the commission's final decision shall be deemed to be a denial of disclosure. Completion of the review shall constitute final commission action for purposes of judicial review)) unless the commission provides a revised decision to the requester during that period. This ((provision shall)) does not ((be construed to prohibit)) prevent the commission from reversing a denial after the end of the second business day following the initial denial decision.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-120, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-120, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-368, Docket No. A-910530, filed 3/5/92, effective 4/5/92)

WAC 480-04-130 Protection of public records. (1) ((Copying of public documents shall be done by commission personnel only, upon the request of members of the public under the procedures set out in these rules, unless the secretary determines that it is consistent with the procedures and not disruptive of commission operations to allow the member of the public to perform the copying.)) Only commission staff may copy public documents unless the secretary decides that copying by others will not disrupt commission administration or pose any risk to the integrity and safety of the documents.

(2) No ((commission)) person may take any document ((may be physically removed by a member of the public)) from the area designated by the secretary for the public inspection of documents unless the secretary ((or the acting secretary)) authorizes ((its removal)) doing so.

(3) When a member of the public ((requests)) asks to examine an entire file or group of documents, as distinguished from ((a request to examine certain individual)) specific documents ((which)) that can be individually identified and supplied ((by themselves)), the commission ((shall be allowed)) may take a reasonable time ((to inspect the file)) for inspection to ((determine whether it contains)) remove any material designated as confidential ((or)) and any information protected from disclosure by RCW 42.17.310 or other provision of law.

[Statutory Authority: RCW 80.01.040. 92-07-006 (Order R-368, Docket No. A-910530), 480-04-130, filed 3/5/92, effective 4/5/92; Order R-43, 480-04-130, filed 4/5/73.]

AMENDATORY SECTION (Amending Order R-222, Cause No. TE-1817, filed 10/10/84)

WAC 480-11-010 Authority. This chapter is ((promulgated pursuant to)) created under the authority granted in RCW 43.21C.120 and chapter 197-11 WAC.

[Statutory Authority: Chapter 43.21C RCW. 84-21-030 (Order R-222, Cause No. TE-1817), 480-11-010, filed 10/10/84. Formerly chapter 480-10 WAC.]

AMENDATORY SECTION (Amending Order R-222, Cause No. TE-1817, filed 10/10/84)

WAC 480-11-020 Incorporation of chapter 197-11 WAC. The commission adopts provisions of chapter 197-11 WAC (SEPA guidelines adopted by the department of ecology ((on January 26, 1984) are adopted by the Washington state utilities and transportation commission, and are incorporated into this chapter by this reference, to the extent that the provisions of chapter 197-11 WAC are)) effective on December 1, 1997) applicable to the ((commission)) Washington utilities and transportation commission. A copy of the rules adopted by reference in this section is available for inspection at the Washington utilities and transportation commission branch of the Washington state library, associated with the commission's headquarters office in Olympia.

[Statutory Authority: Chapter 43.21C RCW. 84-21-030 (Order R-222, Cause No. TE-1817), 480-11-020, filed 10/10/84.]

AMENDATORY SECTION (Amending Order R-222, Cause No. TE-1817, filed 10/10/84)

WAC 480-11-030 Designation of responsible official. The responsible official for the commission for matters ((relating to transportation shall be the assistant administrator for transportation. The responsible official for the commission for matters relating to public utilities shall be the utilities and accounting administrator)) affected by SEPA is the director of regulatory services.

[Statutory Authority: Chapter 43.21C RCW. 84-21-030 (Order R-222, Cause No. TE-1817), 480-11-030, filed 10/10/84.]

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