WSR 99-19-086

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. U-991301-- Filed September 17, 1999, 1:14 p.m. ]

Subject of Possible Rule Making: Comprehensive review of rules relating to tariffs filed with the commission by regulated utility companies. The commission will review the current rules for content and readability pursuant to Executive Order 97-02, with attention given to the rules' need; effectiveness and efficiency; clarity; intent and statutory authority; coordination; cost; and fairness. The effect on rules of legislation, technological changes, emerging competition, and changes in market structure will also be considered. All rules currently codified in chapter 480-80 WAC, as well as tariff-related rules codified in other chapters, may be affected. The commission may consider whether additional rules on this topic may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040 and 80.04.160.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Executive Order 97-02 requires agencies to review significant rules with attention to the standards set out above. This includes reviewing whether current rules provide the results that they are originally intended to achieve and whether the rules are consistent with laws and with appropriate and lawful policies.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study; and the commission will ask for written comments and will schedule one or more workshops with representatives of affected constituencies in a manner designed to develop consensus among affected interests regarding any rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Secretary, Washington Utilities and Transportation Commission, 1300 Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1174, fax (360) 586-1150.

WRITTEN COMMENTS: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission's secretary, referencing Docket No. U-991301, not later than October 18, 1999. All commenters are asked, but not required, to file an original and ten copies of their written comments. The commission also requests, but does not require, that comments be provided on a 3 inch IBM formatted high-density disk, in WordPerfect version 5.1, 6.0 or 6.1, labeled with the docket number of this proceeding and the commenter's name and type of software used. The commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. The commission will provide written notice of any workshop to all commenters and to any other persons specifically asking to receive notice in this rule-making proceeding.

SCHEDULE OF RULE MAKING: In order to coordinate best with industry-specific rule-making proceedings, the commission asks commenters to focus initially on the rules that are currently in chapter 480-80 WAC that they believe should be in the regulated industry chapters, and on those rules that are in the regulated industry chapters that should be in chapter 480-80 WAC. Please identify any rules that you think should be moved, state your reasons for saying so, and offer any other comments about those rules that you care to make.

These comments are due no later than October 18, 1999. While the commission will first address only those rules proposed to be moved, you are not limited to commenting on those rules. The commission will accept comments on any aspect of utility tariff regulation and will eventually consider such comments in this docket or the related industry docket. The commission expects to schedule a workshop to discuss with stakeholders the first-phase written comments.

The second stage of this rule making will occur during the year 2000. At that time, additional written comments will be solicited on the remaining rules and the commission expects that a stakeholder workshop will be scheduled.


NOTICE

TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING --The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the records center by any one of the following methods: (1) Send a note with your name, address (or a copy of your mailing label), and telephone and fax numbers referencing Docket No. U-991301, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and fax numbers, referencing Docket No. U-991301, and the words "Please keep me on the mailing list" to records@wutc.wa.gov. Please note that all information in the mailings will be accessible through the commission's Internet web site at <http://www.wutc.wa.gov/>. THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

September 17, 1999

Terrence Stapleton

for Carole Washburn

Secretary

Washington State Code Reviser's Office