BILL REQ. #:  S-0661.2 

Read first time 01/20/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to the environmental impact of certain gas and electrical company activities; amending RCW 80.04.250; and adding a new section to chapter 80.01 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 80.01 RCW to read as follows:
     (1) It is the duty of the counsel for the environment, as defined in RCW 80.50.080, to represent and appear for the public and its interest in protecting the quality of the environment in all actions and proceedings involving any gas or electrical company. The expenses of the counsel for the environment incurred under this section are considered expenses of operation of the commission and must be paid from the public service revolving fund established by RCW 80.01.080.
     (2) This section does not limit the ability of other parties to intervene in all actions and proceedings involving any gas or electrical company.

Sec. 2   RCW 80.04.250 and 1991 c 122 s 2 are each amended to read as follows:
     (1) The commission shall have power upon complaint or upon its own motion to ascertain and determine the fair value for rate making purposes of the property of any public service company used and useful for service in this state and shall exercise such power whenever it shall deem such valuation or determination necessary or proper under any of the provisions of this title.
     (2) In determining what property is used and useful for providing electric, gas, or water service, the commission may include the reasonable costs of construction work in progress to the extent that the commission finds that inclusion is in the public interest.
     (3) In reviewing a resource acquisition of capacity or energy by an electrical or gas company, the commission shall consider, among other factors, the company's need for capacity and energy, the availability and cost of other generators in the market at the time of acquisition, the environmental costs and benefits of the acquisition, and the overall impact of the selected generator on the company's portfolio. The commission shall consider state laws and policies when considering the environmental costs and benefits of an acquisition.
     (4) The commission shall have the power to make revaluations of the property of any public service company from time to time.
     (5) The commission shall, before any hearing is had, notify the complainants and the public service company concerned of the time and place of such hearing by giving at least thirty days' written notice thereof, specifying that at the time and place designated a hearing will be held for the purpose of ascertaining the value of the company's property, used and useful as aforesaid, which notice shall be sufficient to authorize the commission to inquire into and pass upon the matters designated in this section.