WSR 98-02-011

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[General Order No. R-446, Docket No. A-970591--Filed December 29, 1997, 2:20 p.m.]

In the matter of amending chapters 480-04 and 480-11 WAC, relating to public access to information and records and SEPA procedures.

statutory or other authority: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 97-22-081, filed with the code reviser on November 4, 1997. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, 81.04.160.

statement of compliance: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 34.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).

date of adoption: The commission adopted this rule on December 10, 1997.

concise statement of purpose and effect of the rule: The proposal would update the commission's rules on access to public documents and on SEPA compliance by stating current address and communication instructions, by updating references, and by revising language for clarity in understanding by persons subject to the rule.

reference to affected rules: This rule repeals, amends, or suspends the following sections of the Washington Administrative Code: Chapter 480-04 WAC, all sections are amended; chapter 480-11 WAC, all sections are amended.

preproposal statement of inquiry and actions thereunder: The commission filed a preproposal statement of inquiry (CR-101) on August 14, 1997, at WSR 97-17-047. The commission did the following to involve interested persons in rule development before filing the notice of proposed rule making: Written comments were invited and oral comments were invited via scheduling of a workshop. No persons commented orally or in writing upon the proposed changes to these chapters.

additional notice and activity pursuant to preproposal statement: The statement advised interested persons that the commission was considering entering a rule making on the amending and updating commission rules in chapter 480-04 WAC, Public access to information and records, chapter 480-09 WAC, Procedure, and chapter 480-11 WAC, SEPA procedures. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending a notice to attorneys who practice before the commission. Pursuant to the notice, the commission did hold a workshop on the topic and did invite written comments.

notice of proposed rule making: The commission filed a notice of proposed rule making (CR-102) on November 4, 1997, at WSR 97-22-081. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 97-22-081 at 9:00 a.m., Wednesday, December 10, 1997, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

meetings or workshops; oral comments: No persons commented orally upon the proposed changes to these rules.

commenters (written comments): The commission received no written comments about proposed changes to these chapters.

rule-making hearing: The rule change proposal was considered for adoption, pursuant to the notice, at the commission's regularly scheduled open public meeting on December 10, 1997, before Chair Anne Levinson, Commissioner Richard Hemstad, and Commissioner William R. Gillis. The commission heard oral comments from C. Robert Wallis, representing commission staff, supporting the adoption with further changes in language to enhance readability. No other interested person made oral comments.

suggestions for change that are rejected: None.

commission action: After considering all of the information regarding this proposal, the commission adopted the proposed rule amendments with the changes noted below.

changes from proposal: The commission adopted the proposal with the following changes from the text noticed at WSR 97-22-081: Numerous editorial changes were proposed by commission staff and made to enhance readability and understanding. None were intended to accomplish substantive changes.

statement of action; statement of effective date: In reviewing the entire record, the commission determines that chapters 480-04 and 480-11 WAC 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 15, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 15, 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.

the commission orders:

1. Chapters 480-04 and 480-11 WAC are amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).

2. This order and the rule set out below, 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.

3. The commission adopts the commission staff memoranda, presented when the commission considered filing a preproposal statement of inquiry, when it considered filing the formal notice of proposed rule making, and when it considered adoption of this proposal, in conjunction with the text of this order, as its concise explanatory statement of the reasons for adoption, as required by RCW 34.05.025.

dated at Olympia, Washington, this 23rd day of December 1997.

Washington Utilities and Transportation Commission

Anne Levinson, Chair

Richard Hemstad, Commissioner

William R. Gillis, Commissioner

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.

(5) You. The word "you" in this chapter means a person who requests access to public records.

[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)) topics within 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.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 household goods currently has operating authority; the scope of that authority; and the carriers' current tariffs.

(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 for information may also be made 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)) will respond in accordance with these rules to requests received by mail for identifiable public records.

(4) Public records ((shall be)) are 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 offices shall be)) which are 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 statements; 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, at the commission's 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 commission's 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)) is responsible for implementing the commission's rules ((and regulations regarding)) about 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. ((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)) (1) Many 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>. Commission staff will advise you if a written request is required.

(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 to 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.

(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) You should take or send written requests for documents 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 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 finds 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)) you of a deficiency is not a denial of ((the)) your 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)) will 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)) any provision of law. The review shall ((include a determination of)) also determine 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 designated as confidential under the provisions of RCW 80.04.095 and WAC 480-09-015)) pertinent law.

(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)) Whenever that happens, the ((justification)) commission will explain the 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 a 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.)) If the secretary refuses to grant access to all or part of a public record, the secretary shall give you 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)) you have not specifically ((requested)) asked for confidential information, the secretary shall ((advise the requester)) tell you that material ((in the file or group of documents)) has been designated confidential, and ((shall confirm)) make sure that ((the requester is requesting such)) you do 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 a)) receiving the secretary's written explanation for nondisclosure ((pursuant to)) under this rule, if you still want disclosure you 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)) charges. 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, within the requirements of RCW 42.17.300, 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 for producing for internal distribution, copies that parties to a proceeding have failed to file, 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 ((shall specifically refer to the)) for review must describe or enclose the secretary's written statement ((by the secretary or acting secretary which constituted or accompanied)) explaining the reasons for 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 must be made in writing. It 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 personally 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 you 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 the authority granted in)) created under 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)) to be 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, at 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.