WSR 05-15-161

EXPEDITED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. A-050271 -- Filed July 20, 2005, 11:24 a.m. ]

Title of Rule and Other Identifying Information: This rule making would revise adoption-by-reference dates in Title 480 WAC to incorporate the most recent versions of adopted federal rules and other adopted publications, and correct grammatical and punctuation errors.

Commission Docket No. A-050271, affected WAC chapters include chapters 480-14, 480-15, 480-30, 480-31, 480-40, 480-62, 480-70, 480-73, 480-75, 480-90, 480-100, 480-110, and 480-120 WAC.

Proposed Rule Changes

Adoption by Reference Date Changes and Other Administrative Changes

Docket No. A-050271

July 13, 2005

Action WAC No. Rule Title Proposed Changesa
Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers
Amend 480-14-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; North American Standard Out-of-Service Criteria (CVSAb)

April 1, 2005 - No significant change.

&sqbul; Title 49 Code of Federal Regulations,

October 1, 2004 - Part 390, see No. 1.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-15 WAC, Household goods carriers
Amend 480-15-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; North American Standard Out-of-Service Criteria

April 1, 2005 - No significant change.

&sqbul; Title 49 Code of Federal Regulations

October 1, 2004 - Part 390, see No. 1.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-30 WAC, Auto transportation companies
Amend 480-30-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; North American Standard Out-of-Service Criteria

April 1, 2005 - No significant change.

&sqbul; Title 49 Code of Federal Regulations

October 1, 2004 - No significant change.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-31 WAC, Private, nonprofit transportation providers
Amend 480-31-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; North American Standard Out-of-Service Criteria

April 1, 2005 - No significant change.

&sqbul; Title 49 Code of Federal Regulations

October 1, 2004 - No significant change.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-40 WAC, Passenger charter carriers
Amend 480-40-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; North American Standard Out-of-Service Criteria

April 1, 2005 - No significant change.

&sqbul; Title 49 Code of Federal Regulations

October 1, 2004 - Parts 382 and 391, see No. 1 and 2.

2. Updated reference title in subsection (1).

3. Updated availability of resource materials.

Chapter 480-62 WAC, Railroad companies -- Operations
Amend 480-62-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; Title 49 Code of Federal Regulations

October 1, 2004 - Part 219, see No. 2.

&sqbul; MUTCDc

November 2004 - No significant change.

&sqbul; WSDOTd Chapter 468-95 WAC

March 25, 2004 - No significant change.

&sqbul; ANSIe Z308.1

April 29, 2003 - No change to current rule.

&sqbul; ANSI/ISEA 107-1999 changed to ANSI/ISEA 107-2004

September 15, 2004 - See No. 3.

&sqbul; Title 49 United States Code

January 2, 2002 - No change to current rule.

2. Updated availability of resource materials.

3. Typographical changes within section.

Chapter 480-70 WAC, Solid waste collection companies
Amend 480-70-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; North American Standard Out-of-Service Criteria

April 1, 2005 - No significant change.

&sqbul; Title 40 Code of Federal Regulations

July 1, 2005 - No significant change.

&sqbul; Title 49 Code of Federal Regulations

October 1, 2004 - Parts 390 and 391, see No. 1; Part 390, see No. 4.

2. Updated availability of resource materials.

Chapter 480-73 WAC, Hazardous liquid pipeline companies
Amend 480-73-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; Title 18 Code of Federal Regulations

April 1, 2005 - No significant change.

2. Updated availability of resource materials.

3. Typographical changes within section.

Chapter 480-75 WAC, Hazardous liquid, gas, oil and petroleum pipeline companies -- Safety
Amend


480-75-999


Adoption by reference.


1. Adoption by reference dates changed as follows:

&sqbul; Title 49 Code of Federal Regulations October 1, 2004 - Part 199, see No. 2.

&sqbul; The American Society of Mechanical Engineers (ASME) B31.4

1998 edition - No change to current rule, see No. 5.

&sqbul; Section IX, ASME Boiler and Pressure Vessel Code - as of 2001

No change to current rule, see No. 5.

&sqbul; American Petroleum Institute (API), Standard 1104 - 19th edition

See No. 6.

&sqbul; API RP standard 1117 - as of August 1996

No change to current rule.

2. Updated availability of resource materials.

3. Typographical changes within section.

Chapter 480-90 WAC, Gas companies -- Operations
Amend 480-90-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; Title 18 Code of Federal Regulations April 1, 2005 - Part 201, see No. 7

&sqbul; NARUCf, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985

No change to current rule.

2. Added language in subsection (1) to preserve the commission's rate-making authority. See No. 8.

3. Updated availability of resource materials.

4. Typographical changes within section.

Chapter 480-100 WAC, Electric companies
Amend


480-100-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; Title 18 Code of Federal Regulations April 1, 2005 - Part 101, see No. 7

&sqbul; NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985

No change to current rule.

&sqbul; National Electrical Code - as of 2002

No change to current rule.

&sqbul; ANSI C12.1, Code for Electricity Metering, 2001 - as of 2001

No change to current rule.

2. Added language in subsection (1) to preserve the commission's rate-making authority. See No. 8.

3. Updated availability of resource materials.

4. Typographical changes within section.

Chapter 480-110 WAC, Water companies
Amend 480-110-999 Adoption by reference. 1. No change to current references:

&sqbul; NARUC, Uniform System of Accounts for Water Utilities - as of 1996

No change to current rule.

&sqbul; NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985

No change to current rule.

2. References in subsections (1) and (2) will be in bold-face type.

Chapter 480-120 WAC, Telecommunications companies
Amend 480-120-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

&sqbul; American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" - (ANSI T1.510-1999) - as of December 29, 1999

No change to current rule.

&sqbul; The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics as of March 22, 1984 and reaffirmed September 16, 1992

No change to current rule - See No. 8.

&sqbul; National Electrical Safety Code

January 1, 2002 - No change to current rule.

&sqbul; Title 47 Code of Federal Regulations, except Sections 64.2003 through 64.2009

October 1, 1998 - No change to current rule - See No. 9.

&sqbul; Title 47 Code of Federal Regulations, Sections 64.2003 through 64.2009

October 1, 2004 - No significant change.

2. Updated availability of resource materials.

3. Typographical changes within section.

Note


1. 49 C.F.R. Parts 390 and 391 Federal Motor Carrier Safety Administration: Safety Performance History of New Drivers.

Effective: April 29, 2004 (Docket No. FMCSA 97-2277)

Provides the minimum date for driver safety performance history date employers must seek from new or prospective applicants under consideration for employment as commercial motor vehicle (CMV) drivers; designates where, and from whom, that information must be sought; and requires previous employers to provide the minimum driver safety performance history information. The change will enable prospective motor carrier employers to make better decisions for hiring drivers and that improve CMV safety on the nation's highways.


2. 49 C.F.R. Part 199 Research and Special Programs Administration

Part 219 Federal Railroad Administration

Part 382 Federal Motor Carrier Safety Administration: Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Drug and Alcohol Management Information System Reporting.

Effective: December 31, 2003 (Docket No. OST - 2002 - 13435)

DOT's drug and alcohol testing rules include requirements for select employees to submit drug and alcohol testing data to five DOT agencies. In the past, these employers have been required to use agency-specific management information system (MIS) forms for this purpose, twenty-one different forms in all. The DOT recently published a final rule revising the agency MIS forms and condensing them into a one-page form for use throughout all the DOT agencies. The requirement for use of the form is codified 49 C.F.R. Part 40. By this action, the DOT endorses the use of this one-page form within its regulated industries, and provides regulated employers with guidance for submission of the form.


3. ANSI/ISEA 107-2004 - American National Standard for High-Visibility Safety Apparel.

Effective: September 15, 2004

Provides a uniform, authoritative guide for the design, performance specifications, and use of high-visibility and reflective apparel including vests, jackets, bib/jumpsuit coveralls, trousers and harnesses. Garments that meet this standard can be worn twenty-four hours a day to provide users with a high level of conspicuity through the use of combined fluorescent and retroreflective materials.

The revised version of the standard expands the product coverage to include high-visibility headwear. It also contains additional testing procedures for knitted fabrics used as background material, and eliminates tests from the previous edition that added no value. User guidance has been expanded to provide occupational scenarios, recommended performance classes, and additional examples of garment design. The appendixes now include standard test reports and a compliance certificate.


4. 49 C.F.R. Part 390 Federal Motor Carrier Safety Administration: Federal Motor Carrier Safety Regulations: Hazardous Materials Safety Permits.

Effective: July 30, 2004 (Docket No. FMCSA-97-2180)

The Federal Motor Carrier Safety Administration is establishing a national safety permit program for motor carriers that transport certain hazardous materials in interstate or intrastate commerce. This final rule implements provisions of federal hazardous materials transportation law. The rule will promote safe and secure transportation of materials and thereby improves motor carrier safety.


5. ASME B31.4, 1998 edition

Section IX of the ASME Boiler and Pressure Vessel Code, as of 2001.

The Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) has not adopted the newest editions of these references. So that our rules are consistent with the PHMSA, we will retain the current editions.


6. American Petroleum Institute (API) standard 1104 19th edition.

The 19th edition of API Standard 1104 -- Welding of Pipelines and Related Facilities, includes new Appendix that pertains to in-service welding. Due to technological advances in in-service welding, industry needed an update to standards and recommended practices. Appendix B, In-Service Welding, is intended to eventually replace API Recommended Practice 1107 -- Pipeline Maintenance Welding Practices.


7. 18 C.F.R. Parts 101, 141, 201, and 260 Federal Energy Regulatory Commission (FERC).

The FERC has amended portions of 18 C.F.R. Parts 101, 141, 201, and 260 to update the accounting and financial reporting requirements under its Uniform System of Accounts for jurisdictional public utilities and licensees, natural gas companies and oil pipeline companies. The language added to WAC 480-90-999(1) and WAC 480-100-999(1) codifies UTC policy with respect to rate-making authority over FERC prescribed accounting.


8. The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics as of March 22, 1984 and reaffirmed September 16, 1992.

This standard covers the general parameters and characteristics associated with telephone loops from the subscriber signaling and analog voice frequency interface to the local Class 5 switch interface. It includes only those business and residential lines in the North American public switched network where no special performance requirements are involved. This standard provides common denominators for subscriber line performance, independent of facility types, construction processes or equipment, and circuit provisioning methods. IEEE 820-1984 is the latest version for loop performance. There have not been any updates to the "loop standards."


9. 47 C.F.R., except Sections 64.2003 through 64.2009, as of October 1, 1998.

At this time, staff will continue using the 1998 FCC Part 32 because it contains the required level of detail that fills our needs. Updated versions of Part 32 do not include some accounts and have combined other accounts. Also, the FCC has opened a rule making regarding accounting rules. Staff would prefer to maintain the current accounting requirements until the FCC's accounting rule changes are solidified, and until the potential effect of changes to intercarrier compensation on accounting needs can be determined, before making changes to the UTC's accounting rules. If the FCC decides to change the accounting rules in a significant way, then the UTC would be able to carefully analyze how its needs can be met through maintaining the federally-required uniform system of accounts, whatever it might turn out to be, and then can decide what additional accounting requirements it may have.

a Substantive changes highlighted at the end of this chart are those federal rules and national standards that staff identified as having a substantive impact on industries regulated by the commission. Changes to the adopted material that have gone into effect that staff determined would have a minor impact on the regulated industries and are listed with notation of no significant change. For informational purposes we include other referenced documents in the chart with a notation of no change to current rule, if dates have not changed or if dates have changed but staff chooses to keep current reference.

b Commercial Vehicle Safety Alliance's North American Standard Out-of-Service Criteria (CVSA).

c Manual on Uniform Traffic Control Devices (MUTCD).

d Washington State Department of Transportation (WSDOT).

e American National Standards Institute (ANSI).

f National Association of Regulatory Utility Commissioners (NARUC).


NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Executive Secretary, Docket No. A-050271, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250 , AND RECEIVED BY September 19, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would revise the adoption-by-reference dates to reflect the current version of adopted material and make other minor administrative changes in Title 480 WAC.

Reasons Supporting Proposal: The commission adopts by reference several parts in Title 18, Title 40, Title 47 and Title 49 of the Code of Federal Regulations and other state rules and national standards. Commission rules need to reflect the most current versions of the adopted material.

Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353.

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

Name of Proponent: Washington Utilities and Transportation Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Sharyn Bate, Regulatory Analyst, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1295; Implementation and Enforcement: Carole J. Washburn, Executive Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1174.

July 20, 2005

Debra Wilhelmi

for Carole J. Washburn

Executive Secretary

OTS-8177.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-14-999   Adoption of reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), and WAC 480-14-390 (Hazardous materials regulations).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-14-040 (Definitions), WAC 480-14-070 (Federal regulations, 49 CFR, Part 390 -- General applicability and definitions), WAC 480-14-250 (Insurance requirements; cause for suspension or cancellation), WAC 480-14-360 (Equipment -- Inspection -- Ordered out-of-service for repairs), WAC 480-14-370 (Equipment -- Drivers -- Safety), WAC 480-14-380 (Hours of service -- On duty -- Federal safety regulations), WAC 480-14-390 (Hazardous materials regulations), and WAC 480-14-400 (Transportation of radioactive materials -- Driving and parking rules).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-14-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-14-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-14-999, filed 9/28/01, effective 10/29/01.]

OTS-8178.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-15-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-15-560 (Equipment safety requirements) and WAC 480-15-570 (Driver safety requirements).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-15-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-15-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-15-999, filed 9/28/01, effective 10/29/01.]

OTS-8179.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-30-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-30-097 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-30-100 (Operation of motor vehicles).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-30-095 (Equipment -- Safety) and WAC 480-30-100 (Operation of motor vehicles).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-30-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-30-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-30-999, filed 9/28/01, effective 10/29/01.]

OTS-8180.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-31-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-31-100 (Equipment -- Safety), WAC 480-31-120 (Equipment -- Inspection -- Ordered for repairs), WAC 480-31-130 (Operation of motor vehicles) and WAC 480-31-140 (Safety inspections).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-31-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-31-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-31-999, filed 9/28/01, effective 10/29/01.]

OTS-8181.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-40-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American ((Uniform)) Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-40-065 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-40-100 (Out-of-service criteria).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-40-070 (Operation of motor vehicles) and WAC 480-40-075 (Equipment -- Safety) and WAC 480-40-110 (Registered carriers).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-40-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-40-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-40-999, filed 9/28/01, effective 10/29/01.]

OTS-8182.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-62-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-62-160 (Compliance policy), WAC 480-62-200 (Roadway worker safety and operating rules and statutes), WAC 480-62-205 (Track safety standards), WAC 480-62-210 (Crossing signal circuitry), WAC 480-62-215 (Hazardous materials regulations), WAC 480-62-235 (Flaggers), and WAC 480-62-240 (Passenger carrying vehicles -- Equipment).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle Office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.

(a) The commission adopts the version in effect ((on January 29, 2003)) in November 2004.

(b) This publication is referenced in WAC 480-62-230 (Traffic control devices), WAC 480-62-235 (Flaggers), and WAC 480-62-245 (Passenger carrying vehicles -- Operation).

(c) Copies of the MUTCD are available from the ((Seattle Office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(3) Washington state department of transportation rules, cited as chapter 468-95 WAC, are published by the statute law committee.

(a) The commission adopts the version in effect on ((February 28, 2003)) March 25, 2004.

(b) This publication is referenced in WAC 480-62-230 (Traffic control devices).

(c) Copies of the Washington state department of transportation rules are available from the department of transportation or on the internet web site for the office of the code reviser (leg.wa.gov/CodeReviser).

(4) ANSI Z308.1 - 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.

(a) The commission adopts the version in effect on April 29, 2003.

(b) This publication is referenced in WAC 480-62-240 (Passenger carrying vehicles -- Equipment).

(c) Copies of ANSI Z308.1 - 2003 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from ((the American National Standards Institute, 11 West 42nd Street, New York, New York, 10036)) Global Engineering Documents in Englewood, Colorado.

(5) ANSI/ISEA ((107-1999)) 107-2004 - American National Standard for High-Visibility Safety Apparel is published by the American National Standards Institute.

(a) The commission adopts the version in effect on ((January 29, 2001)) September 15, 2004.

(b) This publication is referenced in WAC 480-62-235 (Flaggers).

(c) Copies of ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel are available from ((the American National Standards Institute, 11 West 42nd Street, New York, New York, 10036)) Global Engineering Documents in Englewood, Colorado.

(6) Title 49 United States Code, cited as 49 U.S.C., is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on January 2, 2002.

(b) This publication is referenced in WAC 480-62-200 (Roadway worker safety and operating rules and statutes).

(c) Copies of Title 49 United States Code are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-62-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-62-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), 480-62-999, filed 1/30/01, effective 3/2/01.]

OTS-8183.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-70-999   Adoption by reference.   In this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) The North American ((Uniform)) Standard Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in ((Bethesda, Maryland)) Washington D.C.

(2) Title 40 Code of Federal Regulations, cited as 40 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on July 1, ((2003)) 2005.

(b) This publication is referenced in WAC 480-70-041 (Definitions, general).

(c) Copies of Title 40 Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(3) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-70-201 (Vehicle and driver safety requirements), WAC 480-70-431 (Biomedical waste, adoption of federal regulations), and WAC 480-70-486 (Hazardous waste, adoption of federal regulations).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-70-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-70-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-70-999, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), 480-70-999, filed 3/23/01, effective 4/23/01.]

OTS-8184.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-73-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

(1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.

(2) The commission adopts the version in effect on April 1, ((2003)) 2005.

(3) This publication is referenced in WAC 480-73-130 (Accounting system requirements), WAC 480-73-150 (Retaining and preserving records and reports), and WAC 480-73-160 (Annual reports).

(4) Copies of ((18 CFR)) Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing Office in Pittsburgh, Pennsylvania)) Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-73-999, filed 2/28/05, effective 3/31/05.]

OTS-8185.1


AMENDATORY SECTION(Amending General Order No. R-511, Docket No. A-030852, filed 12/22/03, effective 1/22/04)

WAC 480-75-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) Title 49 Code of Federal Regulations, cited as 49 CFR, Parts 195 and 199 including all appendices and amendments except for 195.0, 195.1, 199.1 and 199.2 published by the United States Government Printing Office.

(a) The commission adopts the version in effect on ((June 1, 2002)) October 1, 2004.

(b) This publication is referenced in WAC 480-75-370 (Design factor (F) for steel pipe), WAC 480-75-630 (Incident reporting), and WAC 480-75-660 (Operations safety plan requirements).

(c) Copies of Title 49 Code of Federal Regulations are available from the ((Seattle office of the Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(2) The American Society of Mechanical Engineers (ASME) B31.4, 1998 edition.

(a) This publication is referenced in WAC 480-75-350 (Design specifications for new pipeline projects), WAC 480-75-440 (Pipeline repairs), and WAC 480-75-450 (Construction specifications).

(b) Copies of ASME B31.4 are available from The American Society of Mechanical Engineers, Park Avenue New York, New York.

(3) The 2001 edition of Section IX of the ASME Boiler and Pressure Vessel Code.

(a) This publication is referenced in WAC 480-75-430 (Welding procedures).

(b) Copies of Section IX of the ASME Boiler and Pressure Vessel Code are available from The American Society of Mechanical Engineers, Park Avenue, New York, New York.

(4) The commission adopts American Petroleum Institute (API) standard 1104 ((18th)) 19th edition.

(a) This publication is referenced in WAC 480-75-430 (Welding procedures) and WAC 480-75-460 (Welding inspection requirements).

(b) Copies of API standard 1104 ((18th)) 19th edition are available from the Office of API Publishing Services in Washington DC.

(5) The commission adopts API RP standard 1117 Second Edition, August 1996.

(a) This publication is referenced in WAC 480-75-500 (Moving and lowering hazardous liquid pipelines).

(b) Copies of API standard 1117 Second Edition are available from ((the Office of API Publishing Services in Washington DC)) Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-75-999, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-18-032 (Docket No. TO-000712, General Order No. R-500), 480-75-999, filed 8/26/02, 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-75-999, filed 9/28/01, effective 10/29/01.]

OTS-8215.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-90-252   Federal Energy Regulatory Commission (FERC) Form No. 2.   (1) Each gas utility must use the annual report form (FERC Form No. 2) promulgated by the Federal Energy Regulatory Commission in Title 18 of the Code of Federal Regulations, Part ((141)) 260, for purposes of this report to the commission. Data required by RCW 80.04.080 (Annual reports), but not included in the FERC Form No. 2, must also be submitted with the annual report. The utility 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 No. 2, 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. 2 regarding the version adopted and where to obtain it is set out in WAC 480-90-999 (Adoption by reference).

(2) Each utility must also submit to this commission, in essentially the same format and content as the FERC Form No. 2, 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.

(3) 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 methods for rate-making purposes is accomplished only by commission order.

(4) 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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-90-252, filed 2/28/05, effective 3/31/05.]

OTS-8186.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-90-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

(1) Title 18 Code of Federal Regulations, cited as 18 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.

(c) This publication is referenced in WAC 480-90-203 (Accounting system requirements), WAC 480-90-244 (Transferring cash or assuming obligation), WAC 480-90-252 (Federal Energy Regulatory Commission (FERC) Form No. 2), and WAC 480-90-268 (Essential utilities services contracts report).

(((c))) (d) Copies of ((18 CFR)) Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing Office in Pittsburgh, Pennsylvania)) Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(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 480-90-228 (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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-90-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-90-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-90-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), 480-90-999, filed 5/3/01, effective 6/3/01.]

OTS-8187.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-518, filed 2/28/05, effective 3/31/05)

WAC 480-100-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

(1) Title 18 Code of Federal Regulations, cited as 18 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on April 1, ((2003)) 2005.

(b) The accounting and reporting for the types of transactions and events covered by the amendment should not be construed as indicative of their treatment by this commission for ratemaking purposes.

(c) This publication is referenced in WAC 480-100-203 (Accounting system requirements), WAC 480-100-244 (Transferring cash or assuming obligation), WAC 480-100-252 (Federal Energy Regulatory Commission (FERC) Form No. 1), and WAC 480-100-268 (Essential utilities services contracts report).

(((c))) (d) Copies of ((18 CFR)) Title 18 Code of Federal Regulations are available from the U.S. Government ((Printing Office in Pittsburgh, Pennsylvania)) Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(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 Electrical Code is published by the National Fire Protection Association (NFPA).

(a) The commission adopts the version published in 2002.

(b) This publication is referenced in WAC 480-100-163 (Service entrance facilities).

(c) The National Electrical 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 2001.

(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.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-06-051 (Docket No. A-021178 and TO-030288, General Order No. R-518), 480-100-999, filed 2/28/05, effective 3/31/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-100-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-100-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), 480-100-999, filed 5/3/01, effective 6/3/01.]

OTS-8188.1


AMENDATORY SECTION(Amending Docket No. UT 040015, General Order No. R-516, filed 1/10/05, effective 2/10/05)

WAC 480-120-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" (ANSI T1.510-1999) is published by the American National Standards Institute (ANSI).

(a) The commission adopts the version in effect on December 29, 1999.

(b) This publication is referenced in WAC 480-120-401 (Network performance standards).

(c) The American National Standards for Telecommunications "Network Performance Parameters for Dedicated Digital Services - Specifications" is a copyrighted document. Copies are available from ((the publisher)) ANSI in Washington, D.C. and from various third-party vendors.

(2) The Institute of Electrical And Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics (ANSI/IEEE Std 820-1984) is published by the ANSI and the IEEE.

(a) The commission adopts the version in effect on March 22, 1984, and reaffirmed September 16, 1992.

(b) This publication is referenced in WAC 480-120-401 (Network performance standards).

(c) The IEEE Standard Telephone Loop Performance Characteristics is a copyrighted document. Copies are available from ((the publishers)) ANSI and IEEE in Washington, D.C. and from various third-party vendors.

(3) The National Electrical Safety Code is published by the IEEE.

(a) The commission adopts the version in effect on January 1, 2002.

(b) This publication is referenced in WAC 480-120-402 (Safety).

(c) The National Electrical Safety Code is a copyrighted document. Copies are available from ((the publishers)) IEEE in Washington, D.C. and from various third-party vendors.

(4) Title 47 Code of Federal Regulations, cited as 47 CFR, is published by the United States Government Printing Office, except sections 64.2003 through 64.2009.

(a) The commission adopts the version in effect on October 1, 1998.

(b) This publication is referenced in WAC 480-120-359 (Accounting requirements for companies not classified as competitive) and WAC 480-120-349 (Retaining and preserving records and reports).

(c) Copies of Title 47 Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

(5) Sections 64.2003 through 64.2009 of Title 47 of the Code of Federal Regulations, cited as 47 CFR 64.2003 through 64.2009, are published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, ((2002)) 2004.

(b) This publication is referenced in WAC 480-120-202 (Customer Proprietary Network Information).

(c) Copies of Sections 64.2003 through 64.2009 of Title 47 of the Code of Federal Regulations are available from the ((Government Printing Office)) U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from third-party vendors.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 05-03-031 (Docket No. UT 040015, General Order No. R-516), 480-120-999, filed 1/10/05, effective 2/10/05; 03-01-065 (Docket No. UT-990146, General Order No. R-507), 480-120-999, filed 12/12/02, effective 7/1/03.]

Washington State Code Reviser's Office