WSR 05-21-022

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. A-050271, General Order No. R-521 -- Filed October 10, 2005, 1:15 p.m. , effective November 10, 2005 ]

     In the matter of amending and adopting several rules in Title 480 WAC, relating to adoption-by-reference date revisions and other minor administrative changes.

     1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 05-15-161 for an expedited rule making, filed with the code reviser on July 20, 2005. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353.

     2 STATEMENT OF COMPLIANCE: This proceeding complies with the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

     3 DATE OF ADOPTION: The commission adopts this rule on the date that this order is entered.

     4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the commission's reasons for adopting the rule, a description of the differences between the version of the proposed rules published in the register and the rules as adopted (other than editing changes), a summary of the comments received regarding the proposed rule changes, and the commission's responses to the comments, reflecting the commission's consideration of them.

     5 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

     6 REFERENCE TO AFFECTED RULES: This rule amends the following sections of the Washington Administrative Code:

    
Rule Changes
Action WAC No. Rule Title Changes
Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers
Amend 480-14-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     •North American Standard Out-of-Service Criteria (CVSA)

     April 1, 2005 - No significant change.

     • Title 49 Code of Federal Regulations,

     October 1, 2004 - Part 390.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-15 WAC, Household goods carriers
Amend 480-15-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • North American Standard Out-of-Service Criteria

     April 1, 2005 - No significant change.

     • Title 49 Code of Federal Regulations

     October 1, 2004 - Part 390.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-30 WAC, Auto transportation companies
Amend 480-30-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • North American Standard Out-of-Service Criteria

     April 1, 2005 - No significant change.

     • Title 49 Code of Federal Regulations

     October 1, 2004 - No significant change.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-31 WAC, Private, nonprofit transportation providers
Amend 480-31-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • North American Standard Out-of-Service Criteria

     April 1, 2005 - No significant change.

     • Title 49 Code of Federal Regulations

     October 1, 2004 - No significant change.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-40 WAC, Passenger charter carriers
Amend 480-40-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • North American Standard Out-of-Service Criteria

     April 1, 2005 - No significant change.

     • Title 49 Code of Federal Regulations

     October 1, 2004 - Parts 382 and 391.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-62 WAC, Railroad companies -- Operations
Amend 480-62-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • Title 49 Code of Federal Regulations

     October 1, 2004 - Part 219.

     • MUTCD

     November 2004 - No significant change.

     • WSDOT Chapter 468-95 WAC

     March 25, 2004 - No significant change.

     • ANSI Z308.1

     April 29, 2003 - No change to current rule.

     • ANSI/ISEA 107-1999 changed to ANSI/ISEA 107-2004

     September 15, 2004.

     • Title 49 United States Code

     January 2, 2002 - No change to current rule.

2. Updated availability of resource materials.

Chapter 480-70 WAC, Solid waste collection companies
Amend 480-70-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • North American Standard Out-of-Service Criteria

     April 1, 2005 - No significant change.

     • Title 40 Code of Federal Regulations

     July 1, 2005 - No significant change.

     • Title 49 Code of Federal Regulations

     October 1, 2004 - Parts 390 and 391.

2. Updated availability of resource materials.

Chapter 480-73 WAC, Hazardous liquid pipeline companies
Amend 480-73-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • Title 18 Code of Federal Regulations

     April 1, 2005 - No significant change.

2. Updated availability of resource material.

Chapter 480-75 WAC, Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety
Amend


    

480-75-999


    

Adoption by reference.


    

1. Adoption by reference dates changed as follows:

     • Title 49 Code of Federal Regulations

     October 1, 2004 - Part 199.

     • The American Society of Mechanical Engineers (ASME) B31.4

     1998 edition - No change to current rule.

     • Section IX, ASME Boiler and Pressure Vessel Code - as of 2001

     No change to current rule.

     • American Petroleum Institute (API), Standard 1104 - 19th edition

     • API RP standard 1117 - as of August 1996

     No change to current rule.

2. Updated availability of resource materials.

Chapter 480-90 WAC, Gas companies -- Operations
Amend 480-90-252 Federal Energy Regulatory Commission (FERC) Form No. 2. 1. Correct part reference for Title 18 of the Code of Federal Regulations.
Amend 480-90-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • Title 18 Code of Federal Regulations April 1, 2005 - Part 201.

     • NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985

     No change to current rule.

2. Added language in subsection (1) to preserve the commission's rate-making authority. See Note 7.

3. Updated availability of resource materials.

Chapter 480-100 WAC, Electric companies
Amend


    

480-100-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • Title 18 Code of Federal Regulations April 1, 2005 - Part 101.

     • NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985

     No change to current rule.

     • National Electrical Code - as of 2002

     No change to current rule.

     • ANSI C12.1, Code for Electricity Metering, 2001 - as of 2001

     No change to current rule.

2. Added language in subsection (1) to preserve the commission's rate-making authority. See Note 7.

3. Updated availability of resource materials.

Chapter 480-110 WAC, Water companies
Amend 480-110-999 Adoption by reference. 1. No change to current references:

     • NARUC, Uniform System of Accounts for Water Utilities - as of 1996

     No change to current rule.

     • NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985

     No change to current rule.

Chapter 480-120 WAC, Telecommunications companies
Amend 480-120-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

     • American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" - (ANSI T1.510-1999) - as of December 29, 1999

     No change to current rule.

     • The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics as of March 22, 1984 and reaffirmed September 16, 1992

     No change to current rule.

     • National Electrical Safety Code

     January 1, 2002 - No change to current rule.

     • Title 47 Code of Federal Regulations, except Sections 64.2003 through 64.2009

     October 1, 1998 - No change to current rule.

     • Title 47 Code of Federal Regulations, Sections 64.2003 through 64.2009

     October 1, 2004 - No significant change.

2. Updated availability of resource materials.

     7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: A preproposal statement of inquiry is not required under RCW 34.05.353, "Expedited rule making."

     8 NOTICE OF EXPEDITED RULE MAKING: The commission filed notice of expedited rule making (CR-105) on July 20, 2005, at WSR 05-15-161. The notice informed interested persons that the rules were being proposed under an expedited rule-making process as required by RCW 34.05.353. The commission provided notice of its expedited rule making to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.353, and by sending notice to all companies affected by the adoption-by-reference rule proposal. The notice provided interested persons the opportunity to submit written comments to the commission not later than September 19, 2005. The commission posted the relevant rule-making information on its internet web site at www.wutc.wa.gov.

     9 COMMENTERS (WRITTEN COMMENTS): No comments were received on the proposed rules.

     10 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on September 28, 2005, before Chairman Mark H. Sidran, Commissioner Patrick J. Oshie, and Commissioner Philip B. Jones. No interested person commented.

     11 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission amended the rules as proposed in the CR-105 at WSR 05-15-161.

     12 CHANGES FROM PROPOSAL: The commission adopted the proposal noticed at WSR 05-15-161.

     13 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-40-999, 480-62-999, 480-70-999, 480-73-999, 480-75-999, 480-90-252, 480-90-999, 480-100-999, 480-110-999,1 and 480-120-999 should be amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 14, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.


ORDER


     14 THE COMMISSION ORDERS That:

     15 WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-40-999, 480-62-999, 480-70-999, 480-73-999, 480-75-999, 480-90-252, 480-90-999, 480-100-999, 480-110-999,2 and 480-120-999 are amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.

     16 This order and the rules set out in Appendix A, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.


1 WAC 480-110-999 is amended to reflect "bold" typeface of two titles. Because the order typing service does not supply text if the only change is to "bold" rule language, the amendments to WAC 480-110-999 are not shown in Appendix A.

2 See footnote 1.


     DATED at Olympia, Washington, this 6th day of October, 2005.

Washington Utilities and Transportation Commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-8177.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-14-999   Adoption of reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), and WAC 480-14-390 (Hazardous materials regulations).

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-14-040 (Definitions), WAC 480-14-070 (Federal regulations, 49 CFR, Part 390 -- General applicability and definitions), WAC 480-14-250 (Insurance requirements; cause for suspension or cancellation), WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), WAC 480-14-380 (Hours of service -- On duty -- Federal safety regulations), WAC 480-14-390 (Hazardous materials regulations), and WAC 480-14-400 (Transportation of radioactive materials -- Driving and parking rules).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-14-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-14-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-999, filed 9/28/01, effective 10/29/01.]

OTS-8178.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-15-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements).

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements) and WAC 480-15-570 (Driver safety requirements).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-15-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-15-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-15-999, filed 9/28/01, effective 10/29/01.]

OTS-8179.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-30-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-30-097 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-30-100 (Operation of motor vehicles).

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-30-095 (Equipment -- Safety) and WAC 480-30-100 (Operation of motor vehicles).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-30-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-30-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-30-999, filed 9/28/01, effective 10/29/01.]

OTS-8180.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-31-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs).

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-31-100 (Equipment -- Safety), WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs), WAC 480-31-130 (Operation of motor vehicles) and WAC 480-31-140 (Safety inspections).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-31-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-31-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-31-999, filed 9/28/01, effective 10/29/01.]

OTS-8181.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-40-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-40-065 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-40-100 (Out-of-service criteria).

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-40-070 (Operation of motor vehicles) and WAC 480-40-075 (Equipment -- Safety) and WAC 480-40-110 (Registered carriers).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-40-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-40-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-40-999, filed 9/28/01, effective 10/29/01.]

OTS-8182.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-62-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-62-160 (Compliance policy), WAC 480-62-200 (Roadway worker safety and operating rules and statutes), WAC 480-62-205 (Track safety standards), WAC 480-62-210 (Crossing signal circuitry), WAC 480-62-215 (Hazardous materials regulations), WAC 480-62-235 (Flaggers), and WAC 480-62-240 (Passenger carrying vehicles -- Equipment).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle Office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect ((on January 29, 2003)) in November 2004.

     (b) This publication is referenced in WAC 480-62-230 (Traffic control devices), WAC 480-62-235 (Flaggers), and WAC 480-62-245 (Passenger carrying vehicles -- Operation).

     (c) Copies of the MUTCD are available from the ((Seattle Office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (3) Washington state department of transportation rules, cited as chapter 468-95 WAC, are published by the statute law committee.

     (a) The commission adopts the version in effect on ((February 28, 2003)) March 25, 2004.

     (b) This publication is referenced in WAC 480-62-230 (Traffic control devices).

     (c) Copies of the Washington state department of transportation rules are available from the department of transportation or on the internet web site for the office of the code reviser (leg.wa.gov/CodeReviser).

     (4) ANSI Z308.1 - 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on April 29, 2003.

     (b) This publication is referenced in WAC 480-62-240 (Passenger carrying vehicles -- Equipment).

     (c) Copies of ANSI Z308.1 - 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from ((the American National Standards Institute, 11 West 42nd Street, New York, New York, 10036)) Global Engineering Documents in Englewood, Colorado.

     (5) ANSI/ISEA ((107-1999)) 107-2004 - American National Standard for High-Visibility Safety Apparel is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on ((January 29, 2001)) September 15, 2004.

     (b) This publication is referenced in WAC 480-62-235 (Flaggers).

     (c) Copies of ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel are available from ((the American National Standards Institute, 11 West 42nd Street, New York, New York, 10036)) Global Engineering Documents in Englewood, Colorado.

     (6) Title 49 United States Code, cited as 49 U.S.C., is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on January 2, 2002.

     (b) This publication is referenced in WAC 480-62-200 (Roadway worker safety and operating rules and statutes).

     (c) Copies of Title 49 United States Code are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-62-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-62-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-999, filed 1/30/01, effective 3/2/01.]

OTS-8183.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-70-999   Adoption by reference.   In this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) The North American ((Uniform)) Standard Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements).

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington D.C.

     (2) Title 40 Code of Federal Regulations, cited as 40 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on July 1, ((2003)) 2005.

     (b) This publication is referenced in WAC 480-70-041 (Definitions, general).

     (c) Copies of Title 40 Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (3) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements), WAC 480-70-431 (Biomedical waste, adoption of federal regulations), and WAC 480-70-486 (Hazardous waste, adoption of federal regulations).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-70-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-70-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-70-999, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-999, filed 3/23/01, effective 4/23/01.]

OTS-8184.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-73-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

     (1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.

     (2) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (3) This publication is referenced in WAC 480-73-130 (Accounting system requirements), WAC 480-73-150 (Retaining and preserving records and reports), and WAC 480-73-160 (Annual reports).

     (4) Copies of ((18 CFR)) Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing Office in Pittsburgh, Pennsylvania)) Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-73-999, filed 2/28/05, effective 3/31/05.]

OTS-8185.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-75-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) Title 49 Code of Federal Regulations, cited as 49 CFR, Parts 195 and 199 including all appendices and amendments except for 195.0, 195.1, 199.1 and 199.2 published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on ((June 1, 2002)) October 1, 2004.

     (b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-630 (Incident reporting), and WAC 480-75-660 (Operations safety plan requirements).

     (c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (2) The American Society of Mechanical Engineers (ASME) B31.4, 1998 edition.

     (a) This publication is referenced in WAC 480-75-350 (Design specifications for new pipeline projects), WAC 480-75-440 (Pipeline repairs), and WAC 480-75-450 (Construction specifications).

     (b) Copies of ASME B31.4 are available from The American Society of Mechanical Engineers, Park Avenue New York, New York.

     (3) The 2001 edition of Section IX of the ASME Boiler and Pressure Vessel Code.

     (a) This publication is referenced in WAC 480-75-430 (Welding procedures).

     (b) Copies of Section IX of the ASME Boiler and Pressure Vessel Code are available from The American Society of Mechanical Engineers, Park Avenue, New York, New York.

     (4) The commission adopts American Petroleum Institute (API) standard 1104 ((18th)) 19th edition.

     (a) This publication is referenced in WAC 480-75-430 (Welding procedures) and WAC 480-75-460 (Welding inspection requirements).

     (b) Copies of API standard 1104 ((18th)) 19th edition are available from the Office of API Publishing Services in Washington DC.

     (5) The commission adopts API RP standard 1117 Second Edition, August 1996.

     (a) This publication is referenced in WAC 480-75-500 (Moving and lowering hazardous liquid pipelines).

     (b) Copies of API standard 1117 Second Edition are available from ((the Office of API Publishing Services in Washington DC)) Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-75-999, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), § 480-75-999, filed 8/26/02, 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-75-999, filed 9/28/01, effective 10/29/01.]

OTS-8215.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-90-252   Federal Energy Regulatory Commission (FERC) Form No. 2.   (1) Each gas utility must use the annual report form (FERC Form No. 2) promulgated by the Federal Energy Regulatory Commission in Title 18 of the Code of Federal Regulations, Part ((141)) 260, for purposes of this report to the commission. Data required by RCW 80.04.080 (Annual reports), but not included in the FERC Form No. 2, must also be submitted with the annual report. The utility must submit the annual report for the preceding calendar year, along with the regulatory fee, by May 1st of each year. If not presented in the prescribed FERC Form No. 2, the annual report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales. Information about the FERC Form No. 2 regarding the version adopted and where to obtain it is set out in WAC 480-90-999 (Adoption by reference).

     (2) Each utility must also submit to this commission, in essentially the same format and content as the FERC Form No. 2, a report that documents the costs incurred and the property necessary to furnish utility service to its customers and the revenues obtained in the state of Washington. The report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales.

     (3) Combination and multistate utilities must submit with the annual report their cost allocation methods necessary to develop results of operations for the state of Washington. Approval of cost allocation methods for rate-making purposes is accomplished only by commission order.

     (4) The total utility results of operations reported by each utility in its annual report to the commission must agree with the results of operations shown on the utility's books and records.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-90-252, filed 2/28/05, effective 3/31/05.]

OTS-8186.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-90-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

     (1) Title 18 Code of Federal Regulations, cited as 18 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.

     (c) This publication is referenced in WAC 480-90-203 (Accounting system requirements), WAC 480-90-244 (Transferring cash or assuming obligation), WAC 480-90-252 (Federal Energy Regulatory Commission (FERC) Form No. 2), and WAC 480-90-268 (Essential utilities services contracts report).

     (((c))) (d) Copies of ((18 CFR)) Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing Office in Pittsburgh, Pennsylvania)) Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

     (a) The commission adopts the version in effect in 1985.

     (b) This publication is referenced in WAC 480-90-228 (Retention and preservation of records and reports).

     (c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-90-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-90-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-90-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-999, filed 5/3/01, effective 6/3/01.]

OTS-8187.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-100-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

     (1) Title 18 Code of Federal Regulations, cited as 18 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on April 1, ((2003)) 2005.

     (b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.

     (c) This publication is referenced in WAC 480-100-203 (Accounting system requirements), WAC 480-100-244 (Transferring cash or assuming obligation), WAC 480-100-252 (Federal Energy Regulatory Commission (FERC) Form No. 1), and WAC 480-100-268 (Essential utilities services contracts report).

     (((c))) (d) Copies of ((18 CFR)) Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing Office in Pittsburgh, Pennsylvania)) Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

     (a) The commission adopts the version in effect in 1985.

     (b) This publication is referenced in WAC 480-100-228 (Retention and preservation of records and reports).

     (c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC in Washington, D.C.

     (3) The National Electrical Code is published by the National Fire Protection Association (NFPA).

     (a) The commission adopts the version published in 2002.

     (b) This publication is referenced in WAC 480-100-163 (Service entrance facilities).

     (c) The National Electrical Code is a copyrighted document. Copies are available from the NFPA in Quincy, Massachusetts.

     (4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.

     (a) The commission adopts the version published in 2001.

     (b) This publication is referenced in WAC 480-100-318 (Meter readings, multipliers, and test constants), WAC 480-100-338 (Accuracy requirements for electric meters), and WAC 480-100-343 (Statement of meter test procedures).

     (c) The ANSI C12.1 is a copyrighted document. Copies are available from Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), § 480-100-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), § 480-100-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), § 480-100-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-999, filed 5/3/01, effective 6/3/01.]

OTS-8188.1


AMENDATORY SECTION(Amending Docket No. UT 040015, General Order No. R-516, filed 1/10/05, effective 2/10/05)

WAC 480-120-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" (ANSI T1.510-1999) is published by the American National Standards Institute (ANSI).

     (a) The commission adopts the version in effect on December 29, 1999.

     (b) This publication is referenced in WAC 480-120-401 (Network performance standards).

     (c) The American National Standards for Telecommunications "Network Performance Parameters for Dedicated Digital Services - Specifications" is a copyrighted document. Copies are available from ((the publisher)) ANSI in Washington, D.C. and from various third-party vendors.

     (2) The Institute of Electrical And Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics (ANSI/IEEE Std 820-1984) is published by the ANSI and the IEEE.

     (a) The commission adopts the version in effect on March 22, 1984, and reaffirmed September 16, 1992.

     (b) This publication is referenced in WAC 480-120-401 (Network performance standards).

     (c) The IEEE Standard Telephone Loop Performance Characteristics is a copyrighted document. Copies are available from ((the publishers)) ANSI and IEEE in Washington, D.C. and from various third-party vendors.

     (3) The National Electrical Safety Code is published by the IEEE.

     (a) The commission adopts the version in effect on January 1, 2002.

     (b) This publication is referenced in WAC 480-120-402 (Safety).

     (c) The National Electrical Safety Code is a copyrighted document. Copies are available from ((the publishers)) IEEE in Washington, D.C. and from various third-party vendors.

     (4) Title 47 Code of Federal Regulations, cited as 47 CFR, is published by the United States Government Printing Office, except sections 64.2003 through 64.2009.

     (a) The commission adopts the version in effect on October 1, 1998.

     (b) This publication is referenced in WAC 480-120-359 (Accounting requirements for companies not classified as competitive) and WAC 480-120-349 (Retaining and preserving records and reports).

     (c) Copies of Title 47 Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

     (5) Sections 64.2003 through 64.2009 of Title 47 of the Code of Federal Regulations, cited as 47 CFR §§ 64.2003 through 64.2009, are published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2002)) 2004.

     (b) This publication is referenced in WAC 480-120-202 (Customer Proprietary Network Information).

     (c) Copies of Sections 64.2003 through 64.2009 of Title 47 of the Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from third-party vendors.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 05-03-031 (Docket No. UT 040015, General Order No. R-516), § 480-120-999, filed 1/10/05, effective 2/10/05; 03-01-065 (Docket No. UT-990146, General Order No. R-507), § 480-120-999, filed 12/12/02, effective 7/1/03.]

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