WSR 97-19-059

EXPEDITED ADOPTION

ENERGY FACILITY SITE

EVALUATION COUNCIL

[Filed September 15, 1997, 3:33 p.m.]

Title of Rule: Chapter 463-30 WAC, Procedure--Adjudicative proceedings and chapter 463-18 WAC, Procedure--Regular and special council meetings.

Purpose: The proposed amendment replaces all references to the council's executive secretary with references to the Energy Facility Site Evaluation Council manager.

Other Identifying Information: WAC 463-18-050, 463-30-080, 463-30-120, 463-30-330, and 463-30-335.

Statutory Authority for Adoption: RCW 80.50.040(1).

Statute Being Implemented: RCW 34.05.250.

Summary: The sections proposed for amendment describe certain roles of the Energy Facility Site Evaluation Council staff during adjudicative and other proceedings.

Reasons Supporting Proposal: The staff position of executive secretary, referenced in these sections, has been eliminated. The Energy Facility Site Evaluation Council manager now performs the duties previously performed by the executive secretary.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jason Zeller, Mailstop 43172, Olympia, Washington 98504, (360) 956-2047.

Name of Proponent: Energy Facility Site Evaluation Council, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment deletes all references to the roles of the council's executive secretary because the council's organizational structure no longer includes this position. The enumerated responsibilities, once held by the executive secretary, are now assigned to the Energy Facility Site Evaluation Council manager.

Proposal Changes the Following Existing Rules: See Summary and Reasons Supporting Proposal above.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jason Zeller, Energy Facility Site Evaluation Council, Mailstop 43172, Olympia, Washington 98504-3172, AND RECEIVED BY November 14, 1997.

September 15, 1997

Jason Zeller

Manager

AMENDATORY SECTION (Amending Order 105, filed 11/4/76)

WAC 463-18-050 Special meetings. A special meeting may be called at any time by the ((chairman)) chair or by a majority of the members of the council by delivering personally or by mail written notice to each member; and to each local newspaper of general circulation and to each local radio or television station which has on file a written request to be notified of such special meetings of or all special meetings. Such special notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the ((executive secretary)) EFSEC Manager a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.

[Order 105, 463-18-050, filed 11/4/76.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending WSR 90-05-018, filed 2/13/90, effective 3/16/90)

WAC 463-30-080 Commencement of adjudicative proceedings. Adjudicative proceedings shall commence upon issuance of a formal notice of hearing or prehearing conference. The notice shall be served upon all parties at least twenty days in advance of the initial hearing date, unless the council finds that an emergency exists requiring the hearing or prehearing conference to be held upon less notice.

The time and place of continued hearing sessions may also be set:

(1) Upon the record without further written notice to the parties; or

(2) By letter from the ((executive secretary of the council)) EFSEC Manager; or

(3) By letter from the presiding officer.

In such instances, twenty days' prior notice is not required.

[Statutory Authority: RCW 80.50.040. 90-05-018, 463-30-080, filed 2/13/90, effective 3/16/90. Statutory Authority: RCW 80.50.040(1). 81-07-019 (Order 81-1), 463-30-080, filed 3/11/81; Order 109, 463-30-080, filed 11/16/76.]

AMENDATORY SECTION (Amending WSR 90-05-018, filed 2/13/90, effective 3/16/90)

WAC 463-30-120 Filing and service. (1) Filing. Filing of any document shall be deemed complete only upon receipt by the ((executive secretary)) EFSEC Manager or other authorized agent of the council. Receipt in the council's telefax machine, or similar device, does not constitute filing. Unless in a particular case the council specifies a different number of copies, every pleading submitted to the council shall be filed with two copies. Filing a document with the council does not constitute service upon the office of the attorney general or any other party. Likewise, service on the office of the attorney general does not constitute a filing with the council.

(a) Applications. Applications for a site certificate shall be filed in the manner prescribed by the rules governing such applications.

(b) Other pleadings. All pleadings shall be legible and a copy shall be served upon each party to the proceeding.

(2) Service.

(a) Service by parties. Service of pleadings by parties shall be made by delivering one copy to each party in person, by mail, properly addressed with postage prepaid, by commercial parcel delivery company properly tendered with fees prepaid, or by telefacsimile transmission, here originals are mailed simultaneously. Except as otherwise provided, when any party has appeared by attorney or other authorized representative, service upon such attorney or representative will be deemed valid service upon the party of all future pleadings before the council. Service of pleadings by mail shall be complete when a true copy of the document is properly addressed and stamped and deposited in the United States mail. Service by commercial parcel delivery company shall be complete when accepted for delivery by the company.

(b) Service by the council. All notices, findings of fact, decisions, and orders required to be served by the council may be served in person, by mail, by commercial parcel delivery company, properly tendered with fees prepaid, or by telefacsimile transmission, when originals are mailed simultaneously. Service of documents shall be complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail with first class postage affixed, or accepted for delivery by the parcel delivery company.

(c) Certificate of service. There shall appear on the original of every pleading when filed with the council in accordance with this subsection, either an acknowledgment of service, or the following certificate:

"I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding, by authorized method of service pursuant to WAC 463-30-120 (2)(a).

Dated at . . . . . . . . this . . . . day of . . . .

(signature) . . . . . . . .

[Statutory Authority: RCW 80.50.040. 90-05-018, 463-30-120, filed 2/13/90, effective 3/16/90; Order 109, 463-30-120, filed 11/16/76.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending WSR 90-05-018, filed 2/13/90, effective 3/16/90)

WAC 463-30-330 Petition for review and replies. (1) Any party to an adjudicative proceeding may file a petition for review of an initial order.

(2) The petition for review shall be filed with the ((executive secretary of the council)) EFSEC Manager within twenty days of the date of service of the initial order unless a different place and time limit for filing the petition are specified in the initial order in its statement describing available procedures for administrative relief. Copies of the petition shall be served upon all other parties or their representatives at the time the petition is filed.

(3) The petition for review shall specify the challenged portions of the initial order and shall refer to the evidence of record which is relied upon to support the petition.

(4) Any party may file an answer to a petition for review. The answer shall be filed with the ((executive secretary of the council)) EFSEC Manager within fourteen days after the date of service of the petition and copies of the answer shall be served upon all other parties or their representatives at the time the answer is filed.

[Statutory Authority: RCW 80.50.040. 90-05-018, 463-30-330, filed 2/13/90, effective 3/16/90; Order 109, 463-30-330, filed 11/16/76.]

AMENDATORY SECTION (Amending WSR 90-05-018, filed 2/13/90, effective 3/16/90)

WAC 463-30-335 Reconsideration. A petition for reconsideration of a final order under RCW 34.05.470 shall be filed with the ((executive secretary of the council)) EFSEC Manager.