Subject of Possible Rule Making: This rule-making inquiry would review jurisdictional provisions of chapter 480-110 WAC, to consider, among other things, amendment of rules relating to the maximum average annual revenue per customer jurisdictional threshold for water companies in WAC 480-110-255 Jurisdiction.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 80.04.160, and 80.04.010.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On February 6, 2004, MacKaye Harbor Water Company, Inc. filed a petition to amend WAC 480-110-255 to increase the maximum average annual revenue per customer for nonregulated water companies. On March 31, 2004, the commission denied the petition because the MacKaye proposal applied a standard for raising the jurisdictional threshold different from that authorized by RCW 80.04.010. The current threshold of $429 average annual revenue per customer has been in effect since December 31, 1999. This rule making would consider whether it is appropriate to raise the jurisdictional threshold as provided in RCW 80.04.010 and, if appropriate, by how much. This rule making may also consider amending WAC 480-110-255 to clarify its regulatory intent.

     Process for Developing New Rule:      Agency study; and the commission will ask for initial written comments, and will provide the opportunity for additional comments.

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

     Interested persons may file written comments on the CR-101 by April 30, 2004. For specific information regarding opportunities for written comment and to ensure receipt of further information concerning this rule making, please see below.

     WRITTEN COMMENTS: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than April 30, 2004.

     Electronic copies. The commission requests that comments be provided in electronic format to enhance public access, for ease of providing comments, to reduce the need for paper copies, and to facilitate quotations from the comments. Comments may be submitted by electronic mail to the Commission's Records Center at records@wutc.wa.gov. Please include:

•	The docket number of this proceeding (UW-040375),
•	The commenting party's name,
•	The title and date of the comment or comments.

     An alternative method for submitting comments may be [made] by mailing/delivering an electronic copy on a 3 1/2 inch, IBM-formatted, high-density disk, in .pdf Adobe Acrobat format or in Word 97 or later. Include all of the information requested above. The commission will post on the commission's website all comments that are provided in electronic format. The website is located at http://www.wutc.wa.gov/040375. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.

     Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's website as it becomes available. If you wish to receive further information on this rule making you may (1) call the Commission's Records Center at (360) 664-1234, (2) e-mail the commission at <records@wutc.wa.gov>, or (3) mail written comments to the address above to the attention of Carole J. Washburn, Secretary. When contacting the commission, please refer to Docket No. UW-040375 to ensure that you are placed on the appropriate service list. Questions may be addressed to Danny Kermode, (360) 664-1253 or e-mail at <dkermode@wutc.wa.gov>.

April 7, 2004

C. Robert Wallace

for Carole J. Washburn

Executive Secretary

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