On page 10, after line 28, insert the following:

NEW SECTION.  Sec. 5.  "A new section is added to chapter 80.28 RCW to read as follows:

(1) After notice and a hearing, the commission may order one or more electrical companies to provide direct access to nonresidential customers or a subset of nonresidential customers if the commission finds that doing so is in the public interest.

(2) The commission may impose those terms and conditions on a direct access program, authorized pursuant to subsection (1) of this section, as it determines are just and reasonable, nondiscriminatory, and in the public interest.

(3) Every electrical company that is required to offer direct access pursuant to subsection (1) of this section must provide access to its transmission and distribution systems to direct access customers and their suppliers on terms and conditions that are comparable to those provided for its own use.

(4) For the purposes of this section, "direct access" means the ability of a customer of an electrical company, as a consequence of a commission order issued pursuant to subsection (1) of this section, to purchase electricity and certain ancillary services at retail directly from an entity other than the electrical company that is responsible for delivering the electricity to the customer."

On page 1, line 3 of the title, after "adding" strike "a new section" and insert "new sections"

EFFECT: Allows the UTC to order an electrical company to provide direct access to a nonresidential customer or subset of nonresidential costumers if it is in the public interest. "Direct access" means the ability of a customer of an electrical company to purchase electricity and certain ancillary services at retail directly from an entity other than the electrical company. The electrical company must provide access to its transmission and distribution systems to direct access customers.