PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 01-02-083, filed with the code reviser on January 2, 2001. The commission brings this proceeding pursuant to RCW 80.01.040 and 80.04.160.
2 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 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).
3 DATE OF ADOPTION: The commission adopts this rule on the date that this order is entered.
4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325 requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the reasons for adopting the rule, a summary of the comments received regarding the proposed rule, and responses reflecting the commission's consideration of the comments.
5 The commission often includes a discussion of those matters in its rule adoption order. In addition, most rule-making proceedings involve extensive work by commission staff that includes summaries in memoranda of stakeholder comments, commission decisions, and Staff recommendations in each of those areas.
6 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to begin this rule making and whether to adopt the specific language proposed by staff. Together, the documents provide a complete but concise explanation of the agency's actions and the agency's reasons for taking those actions.
7 REFERENCE TO AFFECTED RULES: This order repeals the following sections of the Washington Administrative Code:
| WAC 480-100-011 | Application of rules. |
| WAC 480-100-016 | Saving clause. |
| WAC 480-100-021 | Glossary. |
| WAC 480-100-026 | Tariffs. |
| WAC 480-100-031 | Accounting. |
| WAC 480-100-032 | Accounting -- Political information and political education activities. |
| WAC 480-100-036 | Finance -- Securities, affiliated interests, transfer of property. |
| WAC 480-100-041 | Information to consumers. |
| WAC 480-100-043 | Advertising. |
| WAC 480-100-046 | Application for service. |
| WAC 480-100-051 | Establishment of credit. |
| WAC 480-100-066 | Distribution extensions. |
| WAC 480-100-071 | Discontinuance of service. |
| WAC 480-100-072 | Payment arrangements and responsibilities. |
| WAC 480-100-076 | Service responsibilities. |
| WAC 480-100-081 | Service entrance facilities. |
| WAC 480-100-086 | Meter location. |
| WAC 480-100-091 | Access to premises. |
| WAC 480-100-096 | Complaints and disputes. |
| WAC 480-100-101 | Form of bills. |
| WAC 480-100-111 | Refund for inaccurate metering. |
| WAC 480-100-121 | Meter charges. |
| WAC 480-100-126 | Meter readings. |
| WAC 480-100-131 | Identification of meters. |
| WAC 480-100-136 | Initial accuracy of meters. |
| WAC 480-100-141 | Accuracy of watt-hour meters. |
| WAC 480-100-146 | Accuracy of demand meters. |
| WAC 480-100-151 | Instrument transformers. |
| WAC 480-100-156 | Multipliers and test constants. |
| WAC 480-100-161 | Portable indicating instruments. |
| WAC 480-100-166 | Dispute as to accuracy of meters. |
| WAC 480-100-171 | Complaint meter test. |
| WAC 480-100-176 | Statement of meter test procedures. |
| WAC 480-100-181 | Meter history records. |
| WAC 480-100-186 | Standard frequency. |
| WAC 480-100-191 | Standard voltage and permissible variation. |
| WAC 480-100-201 | Accuracy of test standards. |
| WAC 480-100-206 | Reports of accidents. |
| WAC 480-100-211 | Filing of records and reports and the preservation of records. |
| WAC 480-100-251 | Least cost planning. |
| WAC 480-100-311 | Business offices and payment agencies. |
9 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The preproposal statement of inquiry advised interested persons that the commission was considering entering a rule making on rules relating to electric companies to review them for content and readability pursuant to Executive Order 97-02, with attention to the rules' need, effectiveness and efficiency, clarity, intent and statutory authority, coordination, cost, and fairness. The review included consideration of whether substantive changes or additions were required.
10 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) or who appeared on lists of interested persons in Docket UE-990473. Pursuant to the notice, the commission:
| Held four interested person/stakeholder meetings. | |
| Created interinstitutional discussion and drafting subgroups to prepare initial rules drafts. | |
| Developed draft rules using the information gathered from stakeholders. | |
| Circulated three working drafts to stakeholders for comment. | |
| Updated drafts to incorporate comments received. |
12 MEETINGS OR WORKSHOPS; ORAL COMMENTS: Before filing the notice of proposed rule making, the commission held four workshops at its headquarters in Olympia. The workshops were held on June 3 and June 24, 1999, October 14-15, 1999, and May 25, 2000. In addition, the commission held an informal workshop on February 15, 2001. The following persons attended all or some of the workshops: Bruce Folsom, Renee Webb, Dick Winters, Doug Young, Dick McCarthy, and Dave de Felice (all representing Avista Utilities), Lynn Logen, Phil Popoff, Karl Karzmar, Christy Umohundro, John McClain, Rick Adams, Lisa Rasmussen, John Thorne, and Stephanie Kreshel (all representing Puget Sound Energy), Onita King and Lois Douglass (representing Northwest Natural Gas), Matt Steuerwalt and Evan Sheffels (representing the Office of Public Counsel), Carole Rockney, Royal Drager, Robin Cross, Gene Cardon, Lauren Panamen, Jim Moore, and Peggy Duke (representing PacifiCorp), Kathie Barnard, Barbara Groff, Julie Marshall, and Debbie Barry (representing Cascade Natural Gas), Michael Karpp (representing the Energy Project), Ed Flinkea (representing Energy Advocates), Doug Betzold (with Cost Management Services), Liz Klumpp (representing the Energy Office of the Department of Community, Trade, and Economic Development), Mark Dirstine (representing the International Brotherhood of Electric Workers), and Al Rhoades (with the Washington State Building Code Council). During the workshops, attendees provided oral comments about all the sections under review. Most of the discussions focused on consumer related issues, including information to consumers, deposit requirements, refusal and disconnection of service, prior obligation, reconnection of service, payment arrangements, winter low-income payment programs, service responsibilities, disclosure of private information, and access to customers' premises. Additional discussions focused on financial records and reporting rules, such as financial reporting requirements, advertising, and expenditures for political activities, and on metering and safety and standard issues. The commission adopted many of the comments offered by various stakeholders. Other comments were not adopted for the reasons stated below.
13 COMMENTERS (WRITTEN COMMENTS): The commission received written comments from Avista Utilities, Cascade Natural Gas, Northwest Natural Gas, PacifiCorp, Public Counsel, Puget Sound Energy, Mr. Richard M. Toombs, and Washington Health Care Association. The commission adopted many of the written comments filed by these stakeholders. Other comments were not adopted for the reasons stated below.
14 SUGGESTIONS FOR CHANGE THAT ARE REJECTED: The following suggested changes were not adopted for the reasons explained below.
WAC 480-100-108 Application for service.
15 Subsection (4)(a). Northwest Natural Gas (NWN) commented that, even with the best of intentions, circumstances can arise that will cause utilities to be unable to meet a service date. To avoid being in violation of this rule, the company suggested a change in the language in this subsection to state that a utility must make reasonable efforts to notify the applicant as soon as practicable should it become aware that the service date cannot be met. The commission does not agree with the proposed language. Customers have a right to notification of a change in the service date, by that date. NWN's language would allow utilities to provide notification after that date. Instead, the commission adds language allowing the companies to provide notification to the customers of any change of the service date "on or prior" to the scheduled service date.
WAC 480-100113 Residential service deposit requirements.
16 Subsection (1)(a). Avista Utilities and Cascade Natural Gas commented that the changes contained in this subsection (by which an electric utility may collect a deposit from its customers if at any time during the prior twelve months, the utility has sent the customer three or more delinquency notices) might make the utilities lose flexibility and might lead to increased write-offs because the tools to reduce bad-debts would be weakened. Cascade argued that the proposed language would not allow utilities to obtain deposits from higher risk customers. Both companies recommend that fewer notices be required to trigger the option to require a deposit. The commission disagrees with both comments. The proposed language in subsection (1)(a) reflects current rule language for existing customers. For new applicants it raises the standard from two to three delinquencies to make the standard consistent for both existing and new customers.
17 Additionally, Cascade commented that a utility should be allowed to collect a deposit when a customer has declared bankruptcy. At the time of bankruptcy the original customer account is closed and then must be reestablished in order to have a clear determination of pre/post bankruptcy charges. The commission disagrees with Cascade's comments regarding bankruptcy and deposit collection. Legal counsel has advised against adopting this practice.
18 Subsection (1)(b). Northwest Natural Gas commented that any time a utility has knowledge that a person has committed theft or has tampered with utility facilities, that knowledge gives the utility good cause to require a deposit. NWN suggested incorporating theft or tampering with utility facilities into the language of this subsection. The commission disagrees. Theft and tampering already is addressed in the disconnection of service rule. Nothing would be gained from this proposed additional language in the deposit rule.
19 Subsection (5). PacifiCorp commented that if there is no restriction on the number of times a customer uses prior obligation, the commission should consider strengthening the deposit policy to require the entire deposit at the time of reconnection for those who use prior obligation, or, at a minimum, one-half the deposit before reconnection and the other half within thirty days. The company also suggested limiting alternative to deposit, perhaps retaining only subsection (b) as an alternative to a deposit for customers who use prior obligation. The company stated that allowing utilities the opportunity to collect a deposit in a timely manner from customers who use prior obligation would lessen the risk that further write-offs would be incurred from that same customer, thus reducing the companies' financial exposure and the subsidy paid by other customers for write-offs incurred by prior obligation. The commission decided to defer consideration of changes to rules related to prior obligation. Existing prior obligation requirements remain as stated in WAC 480-100-056 and 480-100-116.
20 Subsection (5)(d). Northwest Natural Gas agreed with the proposed language that a reference from a similar utility would suffice as an alternative to a deposit. But NWN comments that the applicant should be responsible for producing an acceptable reference that would not require subsequent verification by the utility. Additionally, NWN suggested that the rule include a requirement that the preferred acceptable form of such a reference would be a letter from another utility. The commission disagrees. Limiting the acceptable form of reference to a letter from another utility places an undue burden on the customer and the other utility.
WAC 480-100-128 Disconnection of service. Medical emergencies.
21 Subsection (5)(a). Puget Sound Energy, Avista Utilities, and Cascade Natural Gas commented on a change to language by which customers claiming medical emergency to avoid disconnection of service are no longer required to identify their name and relationship to the customer of the ill resident. The three companies observed that, without this information, utilities seeking to verify medical emergency claims will only be able to use a patient's address when talking with a doctor's office and that this may lead to confusion when the person with the medical condition is not the customer of record. The companies commented that this might require additional verification activity for the customer. The commission disagrees. Legal counsel has advised that the commission should not require a customer to identify the name and relationship of an ill resident because of right to privacy issues.
WAC 480-100-143 Winter Low-Income Payment Program.
22 Subsection (1)(b). Avista Utilities commented that community action agencies do not have the staffing and resources available to accomplish income verification as contemplated under this proposed rule change, and that no funding was identified or provided through the rule-making process to rectify this situation. The company added that the commission's jurisdiction does not extend to community action agencies, leaving a potential void for program implementation. The company recommended that the proposed rule change be rejected or, at a minimum, tabled for additional discussion. The commission's intention is to capture RCW 80-28-010(4) [80.28.010(4)] in this rule. The statute directs customers to provide self-certification of household income to a grantee of the Department of Community, Trade and Economic Development (DCTED). The grantee is to determine that the income does not exceed eligibility. The rule does not directly refer to community action agencies, but simply mirrors the RCW, which states that the grantee of DCTED will determine eligibility.
WAC 480-100-163 Service entrance facilities.
23 Subsection (1). Northwest Natural Gas commented that the expression "entrance facilities" was unclear and suggested a change to mandate the customer to provide entrance to the premises to be served at the easiest access point to the utility's distribution system. The commission disagrees with the company's proposed language. The rule's intent is to have the customer's utility attachment be close to the utility distribution system. The commission adopts the following language to capture its intent: "Provide service entrance facilities at the easiest access point to the utility's distribution system;"
WAC 480-100-173 Electric utility responsibility for complaints and disputes.
24 Subsection (1). Northwest Natural Gas commented that customers often write remarks of complaint on their bill stub or even include a separate note with their bill payment. The company stated that the nature of these remarks can sometimes be construed as a complaint or dispute, although generally the writer does not expect to receive a response from the utility. Responding to every such remark would be burdensome and very costly. Consequently, NWN requested that, for purposes of this rule, remarks included with or written on bill stubs or checks that do not specify that a response is requested will not be considered a complaint or dispute. The commission disagrees. There may be legitimate complaints written on customer bills and these should be responded to by the utility.
25 Subsection (3). Cascade Natural Gas recommended that, in order to resolve outstanding issues as soon as possible, subsection (3) be modified to include language stating that commission staff will respond to the utility on the resolution of a complaint as soon as practical to ensure that the utility can proceed with any necessary action. The commission disagrees. The proposed additional language is unnecessary since staff already responds to the utilities as soon as practical. The complaint workload in the commission's consumer affairs is driven exclusively by the consumers of the regulated industries. The commission has no control over that workload.
WAC 480-100-178 Billing requirements and payment dates.
26 Subsection (1)(i)(ii). Puget Sound Energy commented that the proposed language includes a provision that would require utilities to disconnect a customer if the utility is unable to read the meter at the customer's location for more than four consecutive billing cycles for reasons such as some kind of hazard on the customer's property. The company suggests that this result seems extreme and that the rule should allow utilities to disconnect after four consecutive unsuccessful meter read attempts but not require it. This revision would provide utilities with the ability to threaten disconnection without being required to use it. The commission disagrees. Subsection (1)(i)(ii) is intended to ensure that companies do not continually estimate bills. It does not require companies to disconnect service. The rule requires utilities to be aware of estimated bills and take a proactive approach to limit the use of estimating.
WAC 480-100-208 Financial Reporting Requirements.
27 Subsection (1). Annual reports. PacifiCorp requested a change in the proposed language to accommodate fiscal year companies so that they are not forced to disclose material information prior to the annual earnings release. The commission believes that annual reports filed on a calendar year should be required for consistency, for verifying the regulatory fee, and for preparing the commission's published statistical reports that are based on calendar year FERC 1 format.
28 Subsection (3). Quarterly reports. PacifiCorp states that its last quarter information would not [be] available for release until ninety days after the end of its fiscal year (i.e. June 30) and that the company cannot release significant financial information such as this prior to the general release. Consequently, PacifiCorp requested a change in the proposed language to allow appropriate extensions or waivers for companies so that they are not forced to disclose material information prior to their annual earnings release. The commission believes that forty-five days after the end of the quarter is sufficient time for submission of each quarterly report. Filing the fourth quarter report as "confidential," in appropriate circumstances, or requesting a waiver are options for companies.
29 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notice, at a rule-making hearing held during the commission's regularly scheduled open public meeting on March 14, 2001, before Chairwoman Marilyn Showalter and Commissioner Richard Hemstad. No interested person made oral comments.
30 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission repealed and adopted the rules as proposed in the CR-102 at WSR 01-02-083 with the changes described below.
31 CHANGES FROM PROPOSAL: The commission adopted the proposal with the following changes from the text noticed at WSR 01-02-083:
WAC 480-100-148 Service responsibilities.
32 Subsection (2)(a). Puget Sound Energy commented that the proposed revision would require electric utilities to install and maintain equipment within its system that may be necessary to operate the electric system, without defining the phrase "necessary to operate the electric system," thus making the obligation unclear. The company recommended that the commission reject this portion of the proposed revisions and retain the language currently in WAC 480-100-076 regarding an electric utility's responsibilities for the installation and maintenance of equipment. The commission agrees with this comment and reverts back to existing rule language.
33 Subsection (2)(b). Puget Sound Energy commented that the proposed language would require electric utilities to notify all affected customers of a change to the service that would affect the efficiency of operation or the adjustment of the customer's equipment. Such requirement would be unduly burdensome to the utility and an unwelcome and annoying imposition on the customer. PSE recommended that the commission retain the requirement that electric utilities inform customers of a change in service that would affect the efficiency of operation or require an adjustment to the customer's equipment only when such change is "substantial." The commission agrees with this comment and reverts back to the existing rule language.
34 Subsection (2)(d). Puget Sound Energy commented that this section would require electric utilities to make all reasonable efforts to avoid interruptions of service, and, when such interruptions occur, to endeavor to reestablish service with the shortest possible delay. The company expressed concern that this language may interfere with utilities' ability to take sequential, cost-effective steps to address localized service issues. PSE recommended that the commission retain the standard from the current WAC 480-100-076 that utilities "shall endeavor to avoid interruptions of service...." The company also commented that the term "shortest possible delay" was unclear and over-broad. PSE recommended that the commission retain the standard from the current WAC 480-100-076 that utilities reestablish service with a "minimum" of delay. The company proposed the following language:
Each utility shall endeavor, in a manner consistent with good utility practice, to avoid interruptions of service, and, when such interruptions occur, reestablish service in a manner consistent with good utility practice. For purposes of this subsection, "Good utility practice" means any of the practices, methods, and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods, and acts that, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety, and expedition. Good utility practice is not intended to be the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the Western Interconnection.
35 This language would incorporate the "Good utility practice" standard from the federal energy regulatory commission's open access transmission tariff and would establish a widely used standard for the reestablishment of electric service. The commission believes that it is not realistic to determine in abstract all possible circumstances in which interruptions of service occur, circumstances that reflect situations that are very dynamic over time. Consequently, it was the commission's intention in reviewing this subsection to provide the commission and the utilities with certain flexibility in the language of the rule. The commission recognizes that circumstances surrounding utilities and utility customers vary among utilities and within the same utility. Consequently, the commission believes that the language needs to be kept general in order to fit different situations. In response to PSE's comments and in light of the commission's intent, the commission has redrafted subsection (2)(d) to read that utilities must make those efforts that are reasonable under the circumstances to avoid interruptions of service and, when such interruptions occur, to reestablish service with a minimum of delay.
36 Subsection (d). Puget Sound Energy recommended that the commission retain language similar to the current WAC 480-100-076 that states that interruptions to service necessary in conjunction with modifications or repairs shall be during working hours when practicable. The commission agrees and adds back the existing rule language.
WAC 480-100113 Residential service deposit requirements.
37 Subsection (2)(a). Northwest Natural Gas commented that the proposed language could excuse an applicant from a deposit requirement if they were a prior customer of the utility, even if one of the conditions of subsection (1) existed because subsection (2)(a) limited the conditions stated in subsection (1) to a relationship with another electric utility. NWN made this comment in a parallel rule making in Docket UG-990294, Gas companies operations -- Rule making. The commission elected to adopt the comments in the gas rules and also to establish parallel language in the corresponding electric rule. The company suggests revising the subsection to state that a utility may collect a deposit from an applicant for residential service if any of the conditions described in subsection (1) existed on a prior occasion as a customer of the utility or as a customer of another electric utility. The commission agrees and proposes to adopt this language.
38 Subsection (3). Avista Utilities, Northwest Natural Gas, and Puget Sound Energy commented that the changes contained in this subsection would make utilities lose flexibility and may lead to under-calculating the appropriate deposit amount if the most recent twelve months actual usage data is required, by not recognizing that dwellings may be unoccupied, but energized, for periods of time. The companies argued that under the current rules, deposits are based on "estimated annual billings" language that provided utilities with reasonable flexibility and has had reasonable results in practice. The commission agrees with the companies' comments and reverts back to existing language that allows deposits to be based on "estimated billings."
WAC 480-100-118 Nonresidential service deposit requirements.
39 Subsection (2). Puget Sound Energy and Northwest Natural Gas commented that, given the type of customers covered by this rule, the utilities need more flexibility to collect a deposit in an amount that is more reflective of the financial risk involved. Cascade Natural Gas commented that the risk associated with nonresidential customers is much greater as they normally incur much higher monthly bills. The company suggested adding language allowing utilities to require a larger deposit or a new deposit when conditions warrant. The commission agrees and adds back existing language that allows deposits to be based on estimated annual billings. The commission will also add back current rule language that allows the utility to collect a larger, new, or alternative form of deposit if circumstances warrant.
WAC 480-100-363 Portable indicating instruments.
40 Subsection (4). Puget Sound Energy commented that the proposed rule expands the record keeping to all portable indicating instruments, including those used to simply determine if a line is energized. The company expressed concerns that the proposed language would significantly expand record-keeping requirements to include safety instruments, not just instruments for checking power quality. The commission agrees and proposes to revise the language to limit the record-keeping requirement to portable indicating instruments used to check power quality.
WAC 480-90-178(1) Billing requirements and payment date.
41 Mr. Richard M. Toombs commented about his inability as a customer to verify the charges on his electric bill, particularly the kilowatts used and the price. The commission has incorporated language requiring kilowatts and relevant rates for each, and the basic charge to be included on customer's bills.
WAC 480-100-123 Refusal of service and 480-100-153 Disclosure of private information.
42 The commission finds that there is a need to continue discussions about the language in these two sections. Accordingly, the commission, at this time, is not adopting these rules as previously proposed. The commission will issue a supplemental CR-102 covering WAC 480-100-123 and 480-100-153.
43 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-100-011, 480-100-016, 480-100-021, 480-100-026, 480-100-031, 480-100-032, 480-100-036, 480-100-041, 480-100-043, 480-100-046, 480-100-051, 480-100-066, 480-100-071, 480-100-072, 480-100-076, 480-100-081, 480-100-086, 480-100-091, 480-100-096, 480-100-101, 480-100-111, 480-100-121, 480-100-126, 480-100-131, 480-100-136, 480-100-141, 480-100-146, 480-100-151, 480-100-156, 480-100-161, 480-100-166, 480-100-171, 480-100-176, 480-100-181, 480-100-186, 480-100-191, 480-100-201, 480-100-206, 480-100-211, 480-100-251, and 480-100-311 should be repealed.
44 The commission determines that WAC 480-100-123 and 480-100-153 should be further discussed. The commission will issue a supplemental CR-102 covering WAC 480-100-123 and 480-100-153.
45 The commission also determines that WAC 480-100-001, 480-100-003, 480-100-008, 480-100-013, 480-100-018, 480-100-023, 480-100-028, 480-100-033, 480-100-103, 480-100-108, 480-100-113, 480-100-118, 480-100-128, 480-100-133, 480-100-138, 480-100-143, 480-100-148, 480-100-163, 480-100-168, 480-100-173, 480-100-178, 480-100-183, 480-100-188, 480-100-203, 480-100-208, 480-100-213, 480-100-218, 480-100-223, 480-100-228, 480-100-238, 480-100-308, 480-100-313, 480-100-318, 480-100-328, 480-100-333, 480-100-338, 480-100-343, 480-100-353, 480-100-358, 480-100-363, 480-100-368, 480-100-373, 480-100-378, 480-100-383, and 480-100-999 should be adopted 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 45, Amended 0, Repealed 41.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 45, Amended 0, Repealed 41.
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.
46 THE COMMISSION ORDERS That:
47 WAC 480-100-011, 480-100-016, 480-100-021, 480-100-026, 480-100-031, 480-100-032, 480-100-036, 480-100-041, 480-100-043, 480-100-046, 480-100-051, 480-100-066, 480-100-071, 480-100-072, 480-100-076, 480-100-081, 480-100-086, 480-100-091, 480-100-096, 480-100-101, 480-100-111, 480-100-121, 480-100-126, 480-100-131, 480-100-136, 480-100-141, 480-100-146, 480-100-151, 480-100-156, 480-100-161, 480-100-166, 480-100-171, 480-100-176, 480-100-181, 480-100-186, 480-100-191, 480-100-201, 480-100-206, 480-100-211, 480-100-251, and 480-100-311 are repealed.
48 WAC 480-100-001, 480-100-003, 480-100-008, 480-100-013, 480-100-018, 480-100-023, 480-100-028, 480-100-033, 480-100-103, 480-100-108, 480-100-113, 480-100-118, 480-100-128, 480-100-133, 480-100-138, 480-100-143, 480-100-148, 480-100-163, 480-100-168, 480-100-173, 480-100-178, 480-100-183, 480-100-188, 480-100-203, 480-100-208, 480-100-213, 480-100-218, 480-100-223, 480-100-228, 480-100-238, 480-100-308, 480-100-313, 480-100-318, 480-100-328, 480-100-333, 480-100-338, 480-100-343, 480-100-353, 480-100-358, 480-100-363, 480-100-368, 480-100-373, 480-100-378, 480-100-383, and 480-100-999 are adopted 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).
49 This order and the rules 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.
DATED at Olympia, Washington, this 2nd day of May, 2001.
Washington Utilities and Transportation Commission
Marilyn Showalter, Chairwoman
Richard Hemstad, Commissioner
OTS-4567.2
PART 1 -- GENERAL RULES
NEW SECTION
WAC 480-100-001
Purpose.
The legislature has declared that
operating as an electric utility in the state of Washington is a
business affected with the public interest and that such
utilities should be regulated. The purpose of these rules is to
administer and enforce chapter 80.28 RCW by establishing rules of
general applicability and requirements for:
Consumer protection;
Financial records and reporting;
Electric metering; and
Electric safety and standards.
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(2) The tariff provisions filed by utilities must conform with these rules. If the commission accepts a tariff that conflicts with these rules, the acceptance does not constitute a waiver of these rules unless the commission specifically approves the variation consistent with WAC 480-100-008, Exemptions from rules in chapter 480-100 WAC. Tariffs that conflict with these rules without approval are superseded by these rules.
(3) Any affected person may ask the commission to review the interpretation of these rules by a utility or customer by posing an informal complaint under WAC 480-09-150, Informal complaints, or by filing a formal complaint under WAC 480-09-420, Pleading and briefs -- Application for authority -- Protests.
(4) No deviation from these rules is permitted without written authorization by the commission. Violation will be subject to penalties as provided by law.
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(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for requesting the exemption.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other interested persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardships imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purposes of the rule.
(5) The commission will enter an order granting or denying the request, or setting it for hearing, pursuant to chapter 480-09 WAC.
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(2) The commission retains the authority to impose additional or different requirements on any electric utility in appropriate circumstances, consistent with the requirements of law.
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"Business day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except for official state holidays.
"Commission" means the Washington utilities and transportation commission.
"Customer" means any person, corporation, partnership, government agency, or other entity that has applied for, has been accepted, and is currently receiving service.
"Electric utility (utility)" means any business entity (e.g., corporation, company, association, joint stock association, or partnership) or person, including a lessee, trustee, or court appointed receiver that meets the following conditions:
Owns, controls, operates, or manages any electric plant for hire in Washington state; and
Is subject to the commission's jurisdiction.
Terms used in this chapter and defined in the public service laws of Washington state (i.e., principally Title 80 RCW) have the same meaning here as in the statutes. Terms not defined in these rules or the applicable statutes have the meaning generally accepted in the electric industry, or their ordinary meaning if there is no meaning generally accepted in the electric industry.
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PART 2 -- CONSUMER RULES(2) The utility must maintain a toll-free telephone number available for its applicants and customers during business hours to receive information relating to services and rates, to accept and process orders for service, to explain charges on customer bills, to adjust charges made in error, to respond to customer inquiries and complaints, and to generally act as representatives of the utility.
(3) The utility must provide to each applicant relevant rate information and a brochure that explains the rights and responsibilities of a utility customer. The brochure must include, at a minimum, information about the utility's regular business hours, the utility's mailing address, the utility's toll-free number, the twenty-four-hour emergency number(s), and an explanation of the utility's processes to establish credit, deposits, billing, delinquent accounts, disconnection of service initiated by the utility, cancellation of service by the customer, the dispute process, and the commission's informal complaint procedures to be followed if the customer remains dissatisfied with the utility's dispute process.
(4) At least once each year, the utility must directly advise each of its customers how to obtain:
(a) A copy of the consumer brochure described in subsection (3) of this section;
(b) A copy of the customer's applicable rate information;
(c) A copy of the electric rules, chapter 480-100 WAC; and
(d) A copy of the utility's current rates and regulations.
(5) The utility must provide an applicant, upon request, the high and low bills for the requested service premises during the prior calendar year, if such data is available.
(6) The utility must provide a customer, upon request, a detailed account of the customer's actual electric usage at the service premises for the previous twelve-month period, if such data is available.
(7) The utility must provide customers information comparing energy usage for the current month and same billing month of the previous year, if available, either on the customers' bills or upon request, as follows:
(a) Number of days in billing period;
(b) Kilowatt hours used; and
(c) Average kilowatt hours used per day.
(8) The utility must provide the commission with electronic or paper copies of all pamphlets, brochures, and bill inserts of regulated service information at the same time the utility delivers such material to its customers.
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(2) The utility may require the following information when an applicant applies for service:
(a) The applicant's name, address, and telephone number, and an alternative contact telephone number, if applicable, of the responsible party at the service premises;
(b) The date the service is requested to be effective;
(c) The type of service requested, such as residential or commercial service, and the type of equipment to be served at the service premises;
(d) Proof of identification. The utility must allow the applicant to choose from a list, provided by the utility, of at least five sources of identification. The list must include a current driver's license or other picture identification; and
(e) Any additional information the utility may reasonably require for billing or service.
(3) The utility must offer, if available, a service-order tracking number so the customer can easily identify the service request in subsequent interactions with the utility.
(4) The utility must provide the following service dates to the applicant:
(a) For service at a location where utility service facilities exist and will not have to be modified in any way to serve the applicant, the utility must provide a service date at the time of application. If the utility becomes aware that the service date cannot be met, it must notify the applicant on or prior to the service date;
(b) For service at a location where utility service facilities do not exist or require modification, the utility will provide the following service dates:
(i) Upon request by the applicant, prior to signing a service agreement, the utility must provide a range of dates by which service can be made available;
(ii) Upon signing a service agreement with the applicant, the utility must provide a date by which service will be made available. If the utility becomes aware that the service date cannot be met, it must notify the applicant on or prior to the service date.
(5) A customer may not resell electricity unless specifically authorized in the utility's tariff.
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(a) At any time during the prior twelve months, the utility has sent the customer three or more delinquency notices;
(b) The utility has disconnected the customer's residential service for nonpayment; or
(c) There is a prior customer living at the residence who owes a past due bill to the utility for service at that address.
(2) Deposit criteria for residential applicants. A utility may collect a deposit from an applicant for residential service only if:
(a) The applicant has met any of the conditions described in subsection (1) of this section as a prior customer of the utility or as a customer of another electric utility;
(b) The applicant is not able to demonstrate continuous employment during the prior twelve consecutive months and neither is currently employed nor has a regular source of income;
(c) The applicant does not own or is not purchasing the premises to be served;
(d) There is a prior customer living at the residence who owes a past due bill to the utility at that address; or
(e) The applicant has an unpaid, overdue balance owing to any electric or gas utility for residential service.
(3) Deposit amount. The utility may require a deposit not to exceed the amount of:
(a) For utilities billing monthly, two-twelfths of the service location's estimated annual usage; or
(b) For utilities billing bimonthly, three-twelfths of the service location's estimated annual usage.
(4) Deposit payment arrangements. The utility must allow an applicant or customer the option of paying fifty percent of the deposit prior to service, and paying the remaining balance in equal amounts over the next two months, on the dates mutually agreed upon between the applicant or customer and the utility. The utility and applicant or customer may make other mutually acceptable deposit payment arrangements.
(5) Alternative to deposit. The utility must allow any applicant or customer who indicates an inability to pay a deposit: (a) To prepay any service initiation fees and reasonably estimated regular service charges or budget billings at periods corresponding to the utility's regular billing periods for the length of time during which a deposit would ordinarily be required. The utility must then bill the applicant or customer in a normal fashion; or
(b) To furnish a satisfactory guarantor. A guarantor will be considered satisfactory if the guarantor has at least established credit with the utility as outlined in this section. A utility may, at its discretion, accept a guarantor that does not meet the requirements of this section. If the customer has been disconnected, the guarantor is responsible for the amount stated on the disconnection notice, not to exceed the amount of the deposit as defined in subsection (3) of this section unless the guarantor has agreed to guarantee an additional amount as specified in subsection (7) of this section; or
(c) To notify the utility of the inability to pay a deposit as provided in WAC 480-100-143, Winter low-income payment program; or
(d) The opportunity to provide a reference from a similar utility that can be quickly and easily checked if the conditions in subsection (1) of this section cannot be met.
(6) Transfer of deposit. When a customer moves to a new address within the utility's service territory, the deposit, plus accrued interest and less any outstanding balance owing from the old address, must be transferred or refunded.
(7) Additional deposit. If a deposit or additional deposit amount is required after the service is established, the reasons must be specified to the customer in writing. Any request for a deposit or additional deposit amount must comply with the standards outlined in subsection (1) of this section. If the original deposit was secured by a guarantor and the guarantor does not agree to be responsible for the additional deposit amount, the customer will be held responsible for paying the additional deposit.
(8) Deposit payment date. Any deposit or additional deposit amount required after service is established is due and payable not earlier than 5:00 p.m. of the sixth business day after notice, if the deposit requirement notice is mailed from within the states of Washington, Oregon, or Idaho, or the ninth business day if mailed from outside the states of Washington, Oregon, and Idaho. If the utility delivers the notice to the customer in person, the deposit or additional deposit amount is due and payable not earlier than 5:00 p.m. of the sixth business day from the date of delivery.
(9) Interest on deposits. Interest on deposits collected from applicants or customers must:
(a) Accrue at the rate calculated as a simple average of the effective interest rate for new issues of one-year treasury bills, computed from December 1st of each year through November 30th of the following year. The commission will advise the utility each year of the specific rate;
(b) Earn the calculated interest rate as determined in (a) of this subsection during January 1st through December 31st of the subsequent year;
(c) Be computed from the date of deposit to the date of refund or when applied directly to the customer's account; and
(d) Be compounded or paid annually.
(10) Refund of deposit. Deposits plus accrued interest must be applied to the customer's account or refunded at the customer's request when there has been satisfactory payment or upon termination of service.
(a) Satisfactory payment. Satisfactory payment is established when the customer has paid for service during twelve consecutive months in a prompt and satisfactory manner as evidenced by the following:
(i) The utility has not initiated disconnection proceedings against the customer; and
(ii) The utility has sent no more than two delinquency notices to the customer.
(b) Termination of service. Upon termination of service, the utility must return to the customer the deposit amount plus accrued interest, less any amounts due the utility by the customer.
(11) How deposits are refunded. Any deposit plus accrued interest must be made available to the customer no later than fifteen calendar days following completion of twelve months of satisfactory payment or the cancellation of service. Refunds must be:
(a) Applied to the customer's account for service beginning in the thirteenth month; or
(b) At the customer's request, paid in the form of a check either delivered by mail or given to the customer in person at the utility's local business office.
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(2) Deposit amount. The electric utility may require a deposit not to exceed the amount of:
(a) For utilities billing monthly, two-twelfths of the service location's estimated annual usage; or
(b) For utilities billing bimonthly, three-twelfths of the service location's estimated annual usage.
(3) Transfer of deposit. When a customer moves to a new address within the utility's service territory, the deposit, plus accrued interest and less any outstanding balance owing from the old address, must be transferred or refunded.
(4) Additional deposit. Nothing in this section will prevent the requirement of a larger deposit, a new deposit, or other alternative forms of a deposit when conditions warrant. Should a new, larger, or alternative form of deposit be required, the reason must be specified in writing to the customer.
(5) Deposit payment date. Any deposit or additional deposit amount required after service is established is due and payable not earlier than 5:00 p.m. of the sixth business day after notice, if the deposit requirement notice is mailed from within the states of Washington, Oregon, or Idaho, or the ninth business day if mailed from outside the states of Washington, Oregon, and Idaho. If the utility delivers the notice to the customer in person, the deposit or additional deposit amount is due and payable not earlier than 5:00 p.m. of the sixth business day from the date of delivery.
(6) Interest on deposits. Interest on deposits collected from applicants or customers must:
(a) Accrue at the rate calculated as a simple average of the effective interest rate for new issues of one-year treasury bills, computed from December 1st of each year through November 30th of the following year. The commission will advise the utility each year of the specific rate;
(b) Earn the calculated interest rate as determined in (a) of this subsection during January 1st through December 31st of the subsequent year;
(c) Be computed from the date of deposit to the date of refund or when applied directly to the customer's account; and
(d) Be compounded or paid annually.
(7) Refund of deposit. Deposits plus accrued interest must be applied to the customer's account or refunded at the customer's request when there has been satisfactory payment or upon termination of service.
(a) Satisfactory payment. Satisfactory payment is established when the customer has paid for service during twelve consecutive months in a prompt and satisfactory manner as evidenced by the following:
(i) The utility has not initiated disconnection proceedings against the customer; and
(ii) The utility has sent no more than two delinquency notices to the customer.
(b) Termination of service. Upon termination of service, the utility must return to the customer the deposit amount plus accrued interest, less any amounts due the utility by the customer.
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(2) Utility-directed without notice or without further notice. The utility may discontinue service without notice or without further notice when:
(a) After conducting a thorough investigation, the utility determines that the customer has tampered with or stolen the utility's property, has used service through an illegal connection, or has fraudulently obtained service. The utility has the burden of proving that fraud occurred. For the purpose of this section, a nonsufficient funds check or dishonored electronic payment alone will not be considered fraud.
(i) First offense. The utility may disconnect service without notice when it discovers theft, tampering, or fraud, unless the customer immediately pays all of the following:
(A) The tariffed rate for service that the utility estimates was used as a result of the theft, tampering, or fraud;
(B) All utility costs resulting from such theft, tampering, or fraud; and
(C) Any required deposit.
(ii) Second offense. The utility may disconnect service without notice when it discovers further theft, tampering, or fraud. The utility may refuse to reconnect service to a customer who has been twice disconnected for theft, tampering, or fraud, subject to appeal to the commission.
(b) After conducting a thorough investigation, the utility determines that the customer has vacated the premises;
(c) The utility identifies a hazardous condition in the customer's facilities or in the utility's facilities serving the customer;
(d) A customer pays a delinquent account with a check or electronic payment the bank or other financial institution has dishonored after the utility has issued appropriate notice as described in subsection (6) of this section;
(e) The customer has not kept any agreed-upon payment arrangement for payment of a delinquent balance after the utility has issued appropriate notice as described in subsection (6) of this section; or
(f) The utility has determined a customer has used service prior to applying for service. The utility must charge the customer for service used in accordance with the utility's filed tariff.
This section should not be interpreted as relieving the customer or other person of civil or criminal responsibility.
(3) Utility-directed with notice. After properly notifying the customer, as explained in subsection (6) of this section, the utility may discontinue service for any one of the following conditions:
(a) For delinquent charges associated with regulated electric service (or for regulated electric and gas service if the utility provides both services), including any required deposit. However, the utility cannot disconnect service when the customer has met the requirements of subsection (5) of this section for medical emergencies, or has agreed to or maintains agreed-upon payment arrangements with the utility, as described in WAC 480-100-143, Winter low-income payment program;
(b) For use of electric service for purposes or properties other than those specified in the customer's service application;
(c) Under flat-rate service for nonmetered load, for increased electric use without the utility's approval;
(d) For refusing to allow the utility's representatives access to the customer's premises as required in WAC 480-100-168, Access to premises; identification;
(e) For violating rules, service agreements, or filed tariff(s); or
(f) For use of equipment that detrimentally affects the utility's service to its other customers.
(4) Electric service may not be disconnected for amounts that may be owed the utility for nonregulated service.
(5) Medical emergencies. When the utility has cause to disconnect or has disconnected a residential service, it must postpone disconnection of service or must reinstate service for a grace period of five business days after receiving either verbal or written notification of the existence of a medical emergency. The utility must reinstate service during the same day if the customer contacts the utility prior to the close of the business day and requests a same-day reconnection. Otherwise, the utility must restore service by 12:00 p.m. the next business day. When service is reinstated the utility will not require payment of a reconnection charge and/or deposit prior to reinstating service but must bill all such charges on the customer's next regular bill or on a separate invoice.
(a) The utility may require that the customer, within five business days, submit written certification from a qualified medical professional stating that the disconnection of electric service would aggravate an existing medical condition of a resident of the household. "Qualified medical professional" means a licensed physician, nurse practitioner, or physician's assistant authorized to diagnose and treat the medical condition without supervision of a physician. Nothing in this section precludes a utility from accepting other forms of certification, but the maximum the utility can require is written certification. If the utility requires written certification, it may not require more than the following information:
(i) Residence location;
(ii) An explanation of how the current medical condition will be aggravated by disconnection of service;
(iii) A statement of how long the condition is expected to last; and
(iv) The title, signature, and telephone number of the person certifying the condition;
(b) The medical certification is valid only for the length of time the health endangerment is certified to exist but no longer than sixty days, unless renewed;
(c) A medical emergency does not excuse a customer from having to pay delinquent and ongoing charges. The utility may require the customer to do the following within a five-business-day grace period:
(i) Pay a minimum of ten percent of the delinquent balance;
(ii) Enter into an agreement to pay the remaining delinquent balance within one hundred twenty days; and
(iii) Agree to pay subsequent bills when due.
Nothing in this section precludes the utility from agreeing to an alternate payment plan, but the utility may not require the customer to pay more than this subsection prescribes. The utility must send a notice to the customer confirming the payment arrangements within two business days of having reached the agreement;
(d) If the customer fails to provide an acceptable medical certificate or ten percent of the delinquent balance within the five-business-day grace period, or if the customer fails to abide by the terms of the payment agreement, the utility may not disconnect service without first mailing a written notice providing a disconnection date not earlier than 5:00 p.m. of the third business day after the date of mailing, if mailed from within the states of Washington, Oregon, or Idaho, or the sixth business day, if mailed from outside the states of Washington, Oregon, and Idaho, or by personally delivering a notice providing a disconnection date of not earlier than 5:00 p.m. of the second business day following the date of delivery;
(e) A customer may claim medical emergency and be entitled to the benefits described in this subsection only twice within any one hundred twenty-day period.
(6) Disconnection notification requirements. The utility must notify customers before disconnecting their service, except as described in subsection (2) of this section. Notification consists of the following requirements:
(a) The utility must serve a written disconnection notice to the customer either by mail or by personal delivery to the customer's address with notice attached to the primary door. If the disconnection notice is for nonpayment during the winter months, the utility must advise the customer of the payment plan described in WAC 480-100-138, Payment arrangements, and WAC 480-100-143, Winter low-income payment program. Each disconnection notice must include:
(i) A disconnection date that is not less than eight business days after the date of personal delivery or mailing, if mailed from inside the states of Washington, Oregon, or Idaho, or a disconnection date that is not less than eleven business days, if mailed from outside the states of Washington, Oregon, and Idaho.
(ii) All relevant information about the disconnection action including the cause for disconnection; the amount owed for regulated electric service and, if applicable, regulated natural gas service; and how to avoid disconnection;
(iii) All relevant information about any charges that may be assessed; and
(iv) The utility's name, address, and toll-free telephone number by which a customer may contact the utility to discuss the pending disconnection of service;
(b) If the utility discovers the notice information in (a) of this subsection is inaccurate, the utility must issue another notice to the customer as described in subsection (6)(a) of this section;
(c) If the utility has not disconnected service within ten business days of the disconnection date stated in (a)(i) of this subsection, the disconnection notice will be considered void unless the customer and the utility have agreed to a payment arrangement. Upon a void notice, the utility must provide a new disconnection notice to the customer as described in (a) of this subsection;
(d) In addition to the notice required by (a) of this subsection, a second notice must be provided by one of the three options listed below:
(i) Delivered notice. The utility must deliver a second notice to the service premises and attach it to the customer's primary door. The notice must state a scheduled disconnection date that is not earlier than 5:00 p.m. of the second business day after the date of delivery;
(ii) Mailed notice. The utility must mail a second notice which must include a scheduled disconnection date that is not earlier than 5:00 p.m. of the third business day after the date of mailing, if mailed from within the states of Washington, Oregon, or Idaho; or the sixth business day, if mailed from outside the states of Washington, Oregon, and Idaho; or
(iii) Telephone notice. The utility must attempt at least two times to contact the customer during regular business hours. A log or record of the calls must be kept for a minimum of ninety calendar days showing the telephone number called, the time of the call, and details of the results of each attempted call. If the utility is unable to reach the customer by telephone, a written notice must be mailed to the customer providing a disconnection date not earlier than 5:00 p.m. of the third business day after the date of mailing, if mailed from within the states of Washington, Oregon, or Idaho, or the sixth business day, if mailed from outside the states of Washington, Oregon, and Idaho, or written notice must be personally delivered providing a disconnection date of not earlier than 5:00 p.m. of the second business day following the date of delivery.
For utilities billing for electric and gas service, each type of notice listed above must provide the information contained in (a)(iii) of this subsection;
(e) If the utility discovers the written notice information required under the options in (d) of this subsection is inaccurate, the utility must issue another notice to the customer as described in (a) of this subsection;
(f) If the utility provides a second notice within ten business days of the disconnection date required by (a)(i) of this subsection, the disconnection date is extended an additional ten working days from the disconnection date of the second notice. If the utility does not disconnect service within the extended ten-business-day period, the notice will be considered void unless the customer and the utility have agreed upon a payment arrangement. Upon a void notice, the utility must provide an additional notice as required under (d) of this subsection;
(g) If the utility provides a second notice after the ten business days of the disconnection date required by (a)(i) of this subsection, the notice will be considered void unless the customer and the utility have agreed upon a payment arrangement. Upon a void notice, the utility must provide a new disconnection notice to the customer as described in (a) of this subsection;
(h) Utilities with combined accounts for both natural gas and electric service will have the option of choosing which service will be disconnected;
(i) When the service address is different from the billing address, the utility must determine if the customer of record and the service user are the same party. If not, the utility must notice the service user as described in (a) of this subsection prior to disconnecting service;
(j) Except in case of danger to life or property, the utility may not disconnect service on Saturdays, Sundays, legal holidays, or on any other day on which the utility cannot reestablish service on the same or following day;
(k) A utility representative dispatched to disconnect service must accept payment of a delinquent account at the service address, but will not be required to give change for cash paid in excess of the amount due and owing. The utility must credit any over-payment to the customer's account. The utility may charge a fee for the disconnection visit to the service address if provided for in the utility's tariff;
(l) When service is provided through a master meter, or when the utility has reasonable grounds to believe service is to other than the customer of record, the utility must undertake reasonable efforts to inform the occupants of the service address of the impending disconnection. Upon request of one or more service users, where service is to other than the customer of record, the utility must allow five days past the original disconnection date to permit the service users to arrange for continued service;
(m) Medical facilities. When service is known to be provided to:
(i) A hospital, medical clinic, ambulatory surgery center, renal dialysis facility, chemical dependency residential treatment facility, or other medical care facility licensed or certified by the department of health, a notice of pending disconnection must be provided to the secretary of the department of health and to the customer. The department of health secretary or designee may request to delay the disconnection for five business days past the original disconnection date to allow the department to take the necessary steps to protect the interests of the patients residing at the facility; or
(ii) A nursing home, boarding home, adult family home, group care facility, intermediate care facility for the mentally retarded (ICF/MR), intensive tenant support residential property, chemical dependency residential treatment facility, crisis residential center for children or other group home or residential care facility licensed or certified by the department of social and health services, a notice of pending disconnection must be provided to the secretary of the department of social and health services and to the customer. The department of social and health services secretary or designee may request to delay the disconnection for five business days past the original disconnection date to allow the department to take the necessary steps to protect the interests of the patients residing at the facility;
(n) Any customer may designate a third party to receive a disconnection notice or notice of other matters affecting the customer's service. The utility must offer all customers the opportunity to make such a designation. If the utility believes that a customer is not able to understand the effect of the disconnection, the utility must consider a social agency to be the third party. In either case, the utility must delay service disconnection for five business days past the original disconnection date after issuing a disconnection notice to the third party. The utility must determine which social agencies are appropriate and willing to receive the disconnection notice, the name and/or title of the person able to deal with the disconnection, and provide that information to the customer.
(7) For purposes of this section, the date of mailing a notice will not be considered the first day of the notice period.
(8) Payments at a payment agency. Payment of any past-due amounts to a designated payment agency of the utility constitutes payment when the customer informs the utility of the payment and the utility has verified the payment.
(9) Remedy and appeals. Service may not be disconnected while the customer is pursuing any remedy or appeal provided by these rules or while engaged in discussions with the utility's representatives or with the commission. Any amounts not in dispute must be paid when due and any conditions posing a danger to health, safety, or property must be corrected. The utility must inform the customer of these provisions when the customer is referred to a utility's supervisor or to the commission.
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(a) The causes for disconnection not related to a delinquent account are removed and the customer pays any delinquent regulated charges, plus any required deposit; or
(b) The customer has entered into an agreed-upon payment arrangement for a delinquent account and pays any required deposit as defined in WAC 480-100-113, Residential service deposit requirements or WAC 480-100-118, Nonresidential service deposit requirements; or
(c) The customer has paid all regulated amounts due on the account that is not a prior obligation and the customer has paid any required deposit as defined in WAC 480-100-113, Residential service deposit requirements or WAC 480-100-118 Nonresidential service deposit requirements;
(2) The commission may require reconnection pending resolution of any bona fide dispute between the utility and the customer over the propriety of disconnection.
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(2) The utility must offer all residential customers the option of an equal-payments plan.
(a) An equal-payments plan allows the customer to pay the same amount each month based on historical usage. If historical information is not available, the utility must base the amount on projected usage;
(b) The utility may refuse to offer an equal-payments plan to customers who have been removed from the equal-payments plan for nonpayment within the past six months or have more than a two-month past-due balance on their current account. However, the utility may offer the equal-payments plan to any customer when the utility believes this would be in the best interest of all parties concerned;
(3) The utility must provide a receipt to customers for all payments made in cash.
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(a) Notifies the utility of the inability to pay the bill and any required deposit. This notice should be provided within five business days of receiving a delinquency notice unless there are extenuating circumstances. If the customer does not notify the utility within five business days and service is disconnected, the customer can receive the protections of this chapter, by paying reconnection charges, if any, and by otherwise fulfilling the requirements of this section;
(b) Provides self-certification of household income for the prior twelve months to a grantee of the department of community, trade, and economic development or its successor. For the purposes of this section, the grantee is a contractor operating low-income energy assistance programs for the department of community, trade, and economic development. The grantee will determine that the household income is not higher than the maximum allowed for eligibility under the state's plan for low-income energy assistance. The grantee will, within thirty days, provide a dollar figure to the utility that is seven percent of the household income. For the purposes of this section, household income is defined as the total income of all household members as determined by the grantee. The grantee may verify information provided in the self-certification;
(c) Applies for home energy assistance from appropriate government and/or private sector organizations and certifies that any assistance received will be applied to the customer's current and future utility bills;
(d) Applies to the utility or other appropriate agencies for low-income weatherization assistance if such assistance is available for the dwelling;
(e) Agrees and abides by that agreement to:
(i) Pay by the following October 15th all amounts owed to the utility and pay for continued service; and
(ii) Pay a monthly payment during the winter period. The utility may not require payment of more than seven percent of the customer's monthly income. In addition, the customer must pay one-twelfth of any billings from the date application is made through March 15th. A customer may agree to pay a higher percentage of income during this period, but the customer's account will not be considered past-due unless payment during this period is less than seven percent of the monthly income plus one-twelfth of any past-due amounts accrued from the date application is made and thereafter. If the customer does not pay the past-due bill by the following October 15th, the customer will not be eligible for protections under this section until the past-due bill is paid;
(f) Notifies and provides documentation to the utility, if requested, that the customer has received any home heating assistance payment from government and/or private sector organizations after being approved for the plan. When the utility receives this information it must recalculate the payments for the customer; and
(g) Pays all amounts owed even if the customer moves.
(2) The utility:
(a) Must help the customer to fulfill the requirements under this section;
(b) Must transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the utility's service area;
(c) May disconnect service in accordance with WAC 480-100-128, Disconnection of service, if the customer has not kept the payment arrangements as described in subsection (1) of this section. The utility must include in the customer's disconnection notice:
(i) A description of the customer's duties outlined in subsection (1) of this section; and
(ii) An explanation that the utility must restore service if the customer contacts the utility and satisfies the other requirements of this section;
(d) May disconnect service for practices authorized by law other than for nonpayment as stated in this section;
(e) Must allow customers who qualified under subsection (1) of this section and who default on their payment plan and are disconnected in accordance with WAC 480-100-128, Disconnection of service, to reconnect and maintain the protection afforded under this chapter when the customer:
(i) Pays any reconnection charges; and
(ii) Pays all amounts that would have been due and owing on the date the service is reconnected; and
(f) Must provide a written copy of the extended payment plan to the customer.
(3) Any customer who has a past-due amount owing under this payment plan will not be eligible to reapply for a new extended payment plan unless authorized by the utility.
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(2) Electric utility responsibility. Each electric utility:
(a) Must install and maintain monitoring equipment at appropriate locations within its system in order to determine the operating characteristics of the system. The commission may require the utility to provide additional equipment in connection with performing special investigations, if economically feasible;
(b) Must promptly notify all affected customers of any substantial change to the service that would affect the efficiency of operation or the adjustment of the customer's equipment. If an adjustment to the customer's equipment is necessary, the cost may be recovered in accordance with the utility's tariff, except that, when the customer has been notified of a change in service prior to receiving service or when such change is required by law, the customer must bear all costs in connection with making changes to the customer's own equipment.
(c) Must maintain its plant in such a condition that will enable it to furnish safe, adequate, and efficient service.
(d) Must make those efforts that are reasonable under the circumstances to avoid interruptions of service and, when such interruptions occur, to reestablish service with a minimum of delay. Interruptions as used in this subsection do not refer to the discontinuance of service to those customers receiving service under an interruptible service schedule.
When it is necessary for an electric utility to make repairs to or to change its facilities other than meters, the utility may, without incurring any liability, suspend service for such periods as may be reasonably necessary and in such a manner as to minimize the inconvenience to customers. When practicable, such interruption will be during the working hours regularly maintained by the utility. The utility must individually notify police and fire departments affected by such a suspension. All customers affected by a scheduled interruption associated with facilities other than meters, will be given notification through newspapers, radio announcements, or other means at least one day in advance.
(e) Must keep a record of all interruptions of service affecting a substantial number of customers, including in such record the location, the date and time, the duration, and, as accurately as possible, the cause of each interruption. Utilities must submit copies of such records to the commission upon request.
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(a) Provide service entrance facilities at the easiest access point to the utility's distribution system; and
(b) Comply with reasonable requirements to keep those facilities free from tampering or interference.
(2) In order to permit the required clearances, utilities may require their customers to provide a structurally sound point of attachment for the utility's service conductors pursuant to the National Electric Code. Information about the National Electric Code regarding the version adopted and where to obtain it is set out in WAC 480-100-999 Adoption by reference.
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(2) When performing maintenance, repairs, testing, installation, or removal of the utility's property, the utility must restore the customer's property as close as reasonably practicable to the condition prior to the utility's action, unless otherwise defined in the utility's tariff or through a separate agreement with the customer.
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(a) Upon request, identify the utility's contact to the complainant;
(b) Investigate the complaint promptly as required by the particular case;
(c) Report the results of the investigation to the complainant;
(d) Take corrective action, if warranted, as soon as possible under the circumstances;
(e) If the complainant is dissatisfied with the results or decision, inform the complainant that the decision may be appealed to a supervisor at the utility; and
(f) If the complainant is dissatisfied after speaking with the utility's supervisor, the supervisor must inform the complainant of the complainant's right to file a complaint with the commission and provide the commission's address and toll-free telephone number.
(2) Applicants, customers, or their representatives may file with the commission:
(a) An informal complaint as described in WAC 480-09-150, Informal complaints; or
(b) A formal complaint against the utility as described in WAC 480-09-420, Pleadings and briefs -- Applications for authority -- Protests.
(3) When the commission refers an informal complaint to the utility, the utility must:
(a) Investigate and report the results to the commission within two business days. The commission may grant an extension of time for responding to the complaint, if requested and warranted;
(b) Keep the commission informed of progress toward the solution and the final result; and
(c) Respond to the commission's request for additional informal complaint information within three business days of the request or at a date specified by the commission. The commission may grant an extension of time for responding to the complaint, if requested and warranted.
(4) Each electric utility must keep a record of all complaints for at least three years and, upon request, make them readily available for commission review. The record must contain:
(a) The complainant's name and address;
(b) The date and nature of the complaint;
(c) The action taken;
(d) The final result; and
(e) All official documents regarding the complaint.
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(a) Be issued at intervals not to exceed two one-month billing cycles, unless the utility can show good cause for delaying the issuance of the bill. The utility must be able to show good cause if requested by the commission;
(b) Show the total amount due and payable;
(c) Show the date the bill becomes delinquent if not paid;
(d) Show the utility's business address, business hours, and a toll-free telephone number and an emergency telephone number by which a customer may contact the utility;
(e) Show the current and previous meter readings, the current read date, and the total amount of kilowatt hours used;
(f) Show the amount of kilowatt hours used for each billing rate, the applicable billing rates per kilowatt hour, the basic charge or minimum bill;
(g) Show the amount of any municipal tax surcharges or their respective percentage rates;
(h) Clearly identify when a bill has been prorated. A prorated bill must be issued when service is provided for a fraction of the billing period. Unless otherwise specified in the utility's tariff, the charge must be prorated in the following manner:
(i) Flat-rate service must be prorated on the basis of the proportionate part of the period the service was rendered;
(ii) Metered service must be billed for the amount metered. The basic or minimum charge must be billed in full.
(i) Clearly identify when a bill is based on an estimation.
(i) The utility must detail its method(s) for estimating customer bills in its tariff;
(ii) The utility may not estimate for more than four consecutive months, unless the cause of the estimation is inclement weather, terrain, or a previous arrangement with the customer;
(j) Clearly identify determination of maximum demand. A utility providing service to any customer on a demand basis must detail in its filed tariff the method of applying charges and of ascertaining the demand.
(2) The minimum time allowed for payment after the bill's mailing date must be fifteen days, if mailed from within the states of Washington, Oregon, or Idaho, or eighteen days if mailed from outside the states of Washington, Oregon, and Idaho.
(3) The utility must allow a customer to change a designated payment-due date when the customer has a satisfactory reason for the change. A satisfactory reason may include, but is not limited to, adjustment of a designated payment-due date to parallel receipt of income. The preferred payment date must be prior to the next billing date.
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(2) The customer may, at the customer's option, either witness the meter test or designate a representative to witness the test. The customer may require the meter to be sealed upon removal in the presence of the customer or the customer's representative. The seal must not be broken until the test is made in the presence of the customer or the customer's representative, or until permission to break the seal has been granted by the commission. The utility must report the results of the meter test to the customer.
(3) A customer may request the utility to perform additional meter tests within twelve months of the last meter test, but additional meter tests will not delay disconnection of service under WAC 480-100-128(9), Disconnection of service. The utility must immediately inform the customer of any additional meter test charges. If the customer elects to have the meter test performed, the utility must perform the test and report the test results to the customer within twenty business days. If the additional meter test results show the meter is performing accurately as defined in WAC 480-100-338, Accuracy requirements for electric meters, the utility may charge the customer for performing the additional meter tests. The charge of the meter test must be listed in the utility's tariff. The utility may not charge the customer for any additional meter test that shows the meter is performing outside acceptable tolerance levels as defined in WAC 480-100-338, Accuracy requirements for electric meters.
(4) If the customer disputes any meter test result, the utility or the customer may contact the commission to review the complaint. When the commission has notified the utility that a complaint has been received regarding the customer's meter, the utility may not change the meter in any manner unless authorized by the commission. If the utility violates this provision, the commission may consider it as supporting the customer's dispute since the change might affect the proof of the dispute. The commission may require the utility to perform an additional test and report the test results to the commission within ten business days.
(5) If a meter test reveals a meter error greater than specified as acceptable in WAC 480-100-338, Accuracy requirements for electric meters, the utility must repair or replace the meter at no cost to the customer. The utility must adjust the bills to the customer based on the best information available to determine the appropriate charges. The utility must offer payment arrangements in accordance with WAC 480-100-138(2), Payment arrangements.
(a) If the utility can identify the date the customer was first billed from a defective meter, the utility must refund or bill the customer for the proper usage from that date;
(b) If the utility cannot identify the date the customer was first billed from a defective meter, the utility must refund or bill the customer for the proper usage, not to exceed six months.
(6) Reports. The commission may require the utility to provide meter test results to the commission in response to a customer's complaint. These reports must contain the name or address of the customer, the meter manufacturer's name, the manufacturer's and utility's meter number, the size or capacity of the meter, the date the meter was tested, the reading of the meter when tested, the accuracy of the meter as found, and the accuracy of the meter after adjustment.
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(2) The utility and its payment agencies must provide receipts for any cash payments made by applicants or customers.
(3) The utility must provide written or electronic notice to the commission's consumer affairs section at least thirty days prior to the closing of any business office, customer service center, or payment agency. In the event that a payment agency is closed on less than thirty days' notice, written or electronic notification is required as soon as the utility becomes aware of the closure. At a minimum, the following information is required:
(a) The communities affected by the closing;
(b) The date of the closing;
(c) A listing of other methods and facility locations available for payment of cash or urgent payments; and
(d) A listing of other methods and locations for obtaining business office and customer service center services.
(4) The utility must include on its regularly scheduled bills a statement referring its customers to a toll-free number for updated payment agency locations.
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PART 3 -- FINANCIAL RECORDS AND REPORTING RULES(2) Electric utilities having multistate operations must maintain records in such detail that the costs of property located and business done in the state of Washington can be readily ascertained in accordance with geographic boundaries.
(3) Any deviation from the uniform system of accounts, as prescribed by the FERC, will be accomplished only after due notice and order of this commission.
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(a) Electric utilities must use the annual report form (FERC Form No. 1) promulgated by the Federal Energy Regulatory Commission for purposes of annual reporting to this commission. Data required by RCW 80.04.080 Annual reports, but not included in the FERC Form No. 1, must also be submitted with the annual report. Utilities must submit the annual report for the preceding calendar year, along with the regulatory fee, by May 1st of each year. If not presented in the prescribed FERC Form, the annual report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales. Information about the FERC Form No. 1 regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.
(b) Utilities must also submit to this commission, in essentially the same format and content as the FERC Form No. 1, a report that documents the costs incurred and the property necessary to furnish utility service to its customers and the revenues obtained in the state of Washington. The report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales;
(c) Combination and multistate utilities must submit with the annual report their cost allocation methods necessary to develop results of operations for the state of Washington. Approval of cost allocation schemes for rate-making purposes is accomplished only by commission order;
(d) The total utility results of operations reported by each utility in its annual report to the commission must agree with the results of operations shown on the utility's books and records.
(2) Commission basis reports (annual).
(a) The intent of the "commission basis" report is to depict the electric operations of a utility under normal temperature and power supply conditions during the reporting period. The commission basis report must include the following:
(i) Booked results of electric operations and rate base, and all the necessary adjustments as accepted by the commission in the utility's most recent general rate case or subsequent orders;
(ii) Actual adjusted results of operations for out-of-period, nonoperating, nonrecurring, and extraordinary items or any other item that materially distorts reporting period earnings and rate base; and
(iii) Adjusted booked revenues and power supply expenses to reflect operations under normal temperature and power supply conditions before the achieved return on rate base is calculated;
(b) Commission basis reports should not include adjustments that annualize price, wage, or other cost changes during a reporting period, nor new theories or approaches that have not been previously addressed and resolved by the commission.
(c) Utilities must submit the basis of any cost allocations and the allocation factors necessary to develop the commission basis results of electric operations for the state of Washington;
(d) Commission basis reports are due within four months of the end of a utility's fiscal year.
(3) Quarterly reports. Electric utilities must file a report of actual results for Washington operations within forty-five days of the end of each quarter. The results of operations report must contain each of the three monthly balances and the latest twelve months ending balance for all accounts of the uniform system of accounts. The report must include the average customer count and total unit sales per customer class for each reported period.
(4) Additional reports. This section does not supersede any reporting requirement specified in a commission order or limit the commission's ability to request additional information.
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(2) For purposes of this rule, political or legislative activities include, but are not limited to:
(a) Encouraging support or opposition to ballot measures, legislation, candidates for a public office, or current public office holders;
(b) Soliciting support for or contributing to political action committees;
(c) Gathering data for mailing lists that are generated for the purposes of encouraging support for or opposition to ballot measures, legislation, candidates for public office, or current office holders, or encouraging support for or contributions to political action committees;
(d) Soliciting contributions or recruiting volunteers to assist in the activities set forth in (a) through (c) of this subsection.
(3) Political or legislative activities do not include activities directly related to appearances before regulatory or local governmental bodies necessary for the utility's operations.
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(2) Before an electric utility enters into a contract or arrangement with an affiliated interest, the utility must file a copy or summary of the contract or arrangement with the commission in accordance with chapters 80.16 RCW and 480-146 WAC.
(3) Before selling, leasing, or assigning any of its property or facilities, or before acquiring property or facilities of another public utility, an electric utility must obtain an authorizing order from the commission in accordance with chapters 80.12 RCW and 480-143 WAC.
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The term "political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.
(2) As used in this section, the terms "promotional advertising" and "political advertising" do not include:
(a) Advertising which informs customers how to conserve energy or how to reduce peak demand for energy;
(b) Advertising required by law or by regulation, including advertising under Part 1 of Title II, of the National Energy Conservation Policy Act;
(c) Advertising regarding service interruptions, safety measures, or emergency conditions;
(d) Advertising concerning employment opportunities with the electric utility;
(e) Advertising which promotes the use of energy efficient appliances, equipment, or services;
(f) Announcements or explanations of existing or proposed tariffs or rate schedules; and
(g) Notices of meetings or commission hearings concerning electric utility rates and tariffs.
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(2) The commission adopts the publication, Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies, published by the National Association of Regulatory Utility Commissioners as the standards for utility records retention. Information about the Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.
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(2) Definitions. "Least cost plan" or "plan" means a plan describing the mix of generating resources and improvements in the efficient use of electricity that will meet current and future needs at the lowest cost to the utility and its ratepayers.
(3) Each electric utility must submit to the commission on a biennial basis a least cost plan that must include:
(a) A range of forecasts of future demand using methods that examine the impact of economic forces on the consumption of electricity and that address changes in the number, type, and efficiency of electrical end-uses.
(b) An assessment of technically feasible improvements in the efficient use of electricity, including load management, as well as currently employed and new policies and programs needed to obtain the efficiency improvements.
(c) An assessment of technically feasible generating technologies including renewable resources, cogeneration, power purchases from other utilities, and thermal resources (including the use of combustion turbines to utilize better the existing hydro system).
(d) A comparative evaluation of generating resources and improvements in the efficient use of electricity based on a consistent method, developed in consultation with commission staff, for calculating cost-effectiveness.
(e) The integration of the demand forecasts and resource evaluations into a long-range (e.g., twenty-year) least cost plan describing the mix of resources that will meet current and future needs at the lowest cost to the utility and its ratepayers.
(f) A short-term (e.g., two-year) plan outlining the specific actions to be taken by the utility in implementing the long-range least cost plan.
(4) All plans subsequent to the initial least cost plan must include a progress report that relates the new plan to the previously filed plan.
(5) The least cost plan, considered with other available information, will be used to evaluate the performance of the utility in rate proceedings, including the review of avoided cost determinations, before the commission.
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PART 4 -- METERING RULES(a) Readily accessible to utility employees without risks of bodily harm; and
(b) Free from vibration, corrosive atmosphere, and abnormal temperatures.
(2) Upon request by a customer or a customer's representative, electric utilities must provide a written description of acceptable meter installation parameters applicable to the customer's electrical service needs.
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(2) No meter may be required on unmetered load.
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(2) Electric utilities that decide to either measure a customer's consumption with a device that employs a multiplier or calculate consumption from recording devices must provide customers, upon request, information sufficient to enable the customer to compute the quantity consumed.
(3) Indirect reading meters and those that operate from instrument transformers must have the multiplier plainly marked on the dial of the instrument or be otherwise suitably marked.
(4) The watt-hour constant for the meter itself must be placed on all watt-hour meters (as specified in ANSI C12.1). Information about the ANSI C12.1 regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.
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(a) The requirements for watt-hour meters used for measuring electrical quantities supplied include, but are not limited to:
(i) All meters must be of proper design for the circuit on which they are used, be in good mechanical and/or electronic condition, have adequate insulation, correct internal connections, and correct register;
(ii) Mechanical meters must not creep at "no load" more than one full revolution of the disk in five minutes:
(A) When the load wires are disconnected and potential is impressed; or
(B) In a shop test where the load wires are disconnected and the permissible voltage variation is impressed;
(b) All meters must be capable of registering no more than plus or minus 2.0 percent error when subject to a current ranging between five and ten percent of the meter's nameplate test current (ta) value, at the meter's rated voltage, and at unity power factor;
(c) All meters must be capable of registering no more than plus or minus 2.0 percent error when subject to a current ranging between seventy-five and one hundred fifty percent of the meter's nameplate test current (ta) value, at the meter's rated voltage, and at unity power factor;
(d) All meters must be capable of registering no more than plus or minus 3.0 percent error when subject to approximately one hundred percent of the meter's nameplate test current (ta) value, at the meter's nameplate rated voltage, and at a fifty percent lagging power factor;
(e) All polyphase meters must have the elements in balance within 2.0 percent when subject to a current approximately one hundred percent of the nameplate test current value, at the meter's rated voltage, at both unity and fifty percent lagging power factor.
(2) Demand meter accuracy.
(a) The requirements for demand meters, demand registers, or demand attachments used to measure a customer's service include, but are not limited to:
(i) The device must be in good mechanical and electrical condition;
(ii) The device must have the proper multiplier, indicating scale, resetting apparatus, and contact device if used;
(iii) The device must not register at no load;
(b) The device must achieve the following accuracies:
(i) Curve-drawing meters that record quantity-time curves, and integrated-demand meters must be accurate to within plus or minus 2.0 percent of full scale throughout their working range;
(ii) Timing elements measuring specific demand intervals must be accurate to within plus or minus 2.0 percent and the timing element that provides the time of day record of when the demand occurs must be accurate to within plus or minus four minutes in twenty-four hours;
(iii) Lagged-demand meters must be accurate to within plus or minus 4.0 percent of final indication;
(c) Mechanical and lagged demand meters must be tested at load points above fifty percent of full scale as specified in ANSI C12.1. Information about the ANSI C12.1 regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.
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(a) A description of methods used and frequency of tests for determining electric meter accuracy. The description must include, but is not limited to:
(i) Test group detail and selection procedures;
(ii) Performance standard details for meters that exceed the maximum allowable tolerance for slow as well as fast meters;
(iii) The corrective action and time period in which such action will be implemented; and
(iv) Reference to an industry standard such as ANSI C12.1 or ANSI/[isrt]ASQC-Z1.9 that will establish acceptable criteria for numerical analysis. Information about the ANSI C12.1 regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.
(b) A description of meter testing equipment, including methods employed to ascertain and maintain accuracy of all testing equipment.
(c) If an electric utility does not maintain meter testing equipment, the electric utility must state that it will use a qualified testing laboratory for this purpose. The utility must notify the commission by separate correspondence of the name of the testing laboratory making meter tests if it does not maintain meter testing equipment.
(d) The testing and adjustment program used for meters prior to installation and periodically after installation, if applicable.
(2) If an electric utility changes any portion of its meter test procedures after they have been approved by the commission, the utility must submit a revised tariff.
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Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 480-100-353
Meter history records.
(1) Electric
utilities must keep records showing the history of each meter
purchased and installed. Such records must be maintained for the
life of the meter plus three months. The forms of such records
are subject to commission approval and must contain the following
information at a minimum:
(a) The approximate date of purchase;
(b) The manufacturer's name and meter number or the utility's own unique meter identification number;
(c) The place(s) of installation; and
(d) The readings at the time of each installation and each removal.
(2) The records must include the date of all tests made on the meter, together with data recorded and computations made to determine the meter's accuracy. If a test is a complaint test, the records must include the complainant's name and the meter's calculated accuracy before and after the test.
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PART 5 -- SAFETY AND STANDARDS RULES(a) Be in proper mechanical condition and have electrical insulation satisfactory for the service in which they are used; and
(b) Have characteristics such that the combined inaccuracies of all transformers supplying one or more meters in a given installation will not exceed the following:
| 100% Power Factor | 50% Power Factor | ||
| 10% Current | 100% Current | 10% Current | 100% Current |
| 1.5% error | 0.75% error | 3.0% error | 2.0% error |
(2) Meters used in conjunction with instrument transformers must be adjusted so that the overall accuracy of the meter installation (including both meter and instrument transformers) will meet the requirements specified in WAC 480-100-338, Accuracy requirements for electric meters. Instrument transformers may be tested with the meter with which they are associated, or separately. Except as provided in these rules, if transformers are tested separately, meters must also be tested to assure that the overall installation meets the prescribed accuracy requirements.
(3) Adjustment of the meter to correct instrument accuracy errors is not necessary when instrument transformers with the following accuracy characteristics are used:
(a) Instrument current transformers. The combined effect of ratio error and phase angle on the accuracy of the meter at any load power factor from sixty percent lagging to unity does not exceed six-tenths of one percent at ten percent rated current, or three-tenths of one percent at approximately one hundred percent rated current;
(b) Instrument potential transformers. The combined effect of ratio error and phase angle on the accuracy of the meter from ninety percent rated voltage to one hundred ten percent rated voltage, at any load power factor from sixty percent lagging to unity, does not exceed three-tenths of one percent.
(4) Electric utilities must keep instrument transformer test results on record and available for use when transformers are installed.
(5) Phase shifting transformers must have secondary voltages that are within plus or minus one percent of the voltage impressed on primary terminals, when tested under balanced line voltage conditions.
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(2) Electric utilities must adjust portable analog indicating instruments that are found appreciably in error at zero. If a portable analog indicating instrument is in error by more than one percent at commonly used scale deflections, the electric utility must adjust it, unless the instrument is accompanied by a calibration card.
(3) Electrical utilities must maintain in good working order, as specified by the manufacturer of such instruments, all portable indicating electrical instruments used for purposes other than determining the quality of electrical service, such as instruments primarily for the safety of workers.
(4) Electric utilities must keep history and calibration records for each portable indicating electrical instrument used to determine quality of electrical service as defined in subsection (1) of this section, as long as the instrument is in service.
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(2) Electric utilities must maintain the voltage on their distribution system reasonably constant and any allowed variation must be a gradual change in voltage as a result of normal changes in load.
The voltage on each primary distribution feeder must be maintained as follows:
(a) Voltage variations may not be more than five percent above or below the standard voltage adopted; and
(b) The total voltage variation from minimum to maximum value may not exceed eight percent of the standard voltage.
A utility may allow greater voltage variation than that specified in this rule in case of emergency service or when service is supplied directly from a transmission line. A utility may also permit greater voltage variations in an area where the revenues received do not justify close voltage regulation. In such cases, electric utilities must provide the best voltage regulation that is economically and technically practicable under the circumstances.
(3) Voltage variations in excess of those specified, caused by the action of the elements, by infrequent and unavoidable fluctuations of short duration due to system operation, or by the operation of power apparatus on the customer's premises which necessarily requires large starting currents and only affects the user of such apparatus, will not be considered a violation of this rule.
(4) Customers must control and operate the equipment on their premises in such a way that its starting and operating characteristics will not cause an instantaneous voltage drop of more than four percent of the standard voltage as measured at the point of interconnection with the electric utility. Likewise, customers must control and operate their equipment in such a way that it does not cause damage or interfere with the normal operation of the electric utility's facilities or of the facilities or equipment of another customer, such as causing excessive flicker in other customers' lights. Utilities are not required to monitor customers' equipment and its interactions with third party or utility equipment on an ongoing basis.
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(a) A description of test standards and meter testing equipment, if maintained by the electrical utility;
(b) A description of methods employed to ascertain and maintain the accuracy of the test standards and meter testing equipment, including the frequency of such tests, if the electrical utility chooses to maintain its own such standards and equipment rather than use the services of a certified testing laboratory.
(2) If an electrical utility chooses to maintain its own test standards and meter testing instruments, it must retain records showing the date when each test standard and each meter testing instrument was tested, calibrated, or adjusted. Test standards must not be used in the field as working instruments.
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(1) The name and address of the person or persons injured;
(2) The time and place of the accident;
(3) Whether the accident resulted in a fatality;
(4) A brief description of how the accident occurred; and
(5) A brief description of any necessary medical treatment that was provided.
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PART 6 -- ADOPTION BY REFERENCE(1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April 1, 2000.
(b) This publication is referenced in WAC 480-100-203, Accounting system requirements and WAC 480-100-208, Financial reporting requirements;
(c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 1985.
(b) This publication is referenced in WAC 480-100-228, Retention and preservation of records and reports.
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.;
(3) The National Electric Code is published by the National Fire Protection Association (NFPA).
(a) The commission adopts the version published in 1999.
(b) This publication is referenced in WAC 480-100-163, Service entrance facilities;
(c) The National Electric Code is a copyrighted document. Copies are available from the NFPA, in Quincy, Massachusetts.
(4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.
(a) The commission adopts the version published in 1995.
(b) This publication is referenced in WAC 480-100-318, Meter readings, multipliers, and test constants; WAC 480-100-338, Accuracy requirements for electric meters; and WAC 480-100-343, Statement of meter test procedures.
(c) The ANSI C12.1 is a copyrighted document. Copies are available from Global Engineering Documents in Englewood, Colorado.
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The following sections of the Washington Administrative Code are repealed:
| WAC 480-100-011 | Application of rules. |
| WAC 480-100-016 | Saving clause. |
| WAC 480-100-021 | Glossary. |
| WAC 480-100-026 | Tariffs. |
| WAC 480-100-031 | Accounting. |
| WAC 480-100-032 | Accounting -- Political information and political education activities. |
| WAC 480-100-036 | Finance -- Securities, affiliated interests, transfer of property. |
| WAC 480-100-041 | Information to consumers. |
| WAC 480-100-043 | Advertising. |
| WAC 480-100-046 | Application for service. |
| WAC 480-100-051 | Establishment of credit. |
| WAC 480-100-066 | Distribution extensions. |
| WAC 480-100-071 | Discontinuance of service. |
| WAC 480-100-072 | Payment arrangements and responsibilities. |
| WAC 480-100-076 | Service responsibilities. |
| WAC 480-100-081 | Service entrance facilities. |
| WAC 480-100-086 | Meter location. |
| WAC 480-100-091 | Access to premises. |
| WAC 480-100-096 | Complaints and disputes. |
| WAC 480-100-101 | Form of bills. |
| WAC 480-100-111 | Refund for inaccurate metering. |
| WAC 480-100-121 | Meter charges. |
| WAC 480-100-126 | Meter readings. |
| WAC 480-100-131 | Identification of meters. |
| WAC 480-100-136 | Initial accuracy of meters. |
| WAC 480-100-141 | Accuracy of watthour meters. |
| WAC 480-100-146 | Accuracy of demand meters. |
| WAC 480-100-151 | Instrument transformers. |
| WAC 480-100-156 | Multipliers and test constants. |
| WAC 480-100-161 | Portable indicating instruments. |
| WAC 480-100-166 | Dispute as to accuracy of meters. |
| WAC 480-100-171 | Complaint meter test. |
| WAC 480-100-176 | Statement of meter test procedures. |
| WAC 480-100-181 | Meter history records. |
| WAC 480-100-186 | Standard frequency. |
| WAC 480-100-191 | Standard voltage and permissible variation. |
| WAC 480-100-201 | Accuracy of test standards. |
| WAC 480-100-206 | Reports of accidents. |
| WAC 480-100-211 | Filing of records and reports and the preservation of records. |
| WAC 480-100-251 | Least cost planning. |
| WAC 480-100-311 | Business offices and payment agencies. |