WSR 05-17-026

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. A-021178 and TO-030288, General Order No. R-522 -- Filed August 5, 2005, 11:52 a.m. , effective September 5, 2005 ]

     In the Matter of repealing chapter 480-146 WAC, amending and adopting certain sections of chapters 480-73, 480-90, 480-100, 480-110, and 480-120 WAC, and amending WAC 480-121-063, relating to reporting of transactions between regulated utility and transportation companies and their subsidiaries.

     1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 05-10-099, filed with the code reviser on May 4, 2005. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, and 81.04.160.

     2 STATEMENT OF COMPLIANCE: This proceeding complies with 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(6) 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 commission's reasons for adopting the rule, a description of the differences between the version of the proposed rules published in the register and the rules as adopted (other than editing changes), a summary of the comments received regarding the proposed rule, and the commission's responses to the comments, reflecting the commission's consideration of them.

     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 a rule making and whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

     7 REFERENCE TO AFFECTED RULES: This order repeals, amends, or adopts the following sections of the Washington Administrative Code:

     Chapter 480-146 WAC, Commission general -- Securities, liens, refunding of notes, lease of utility facilities.

     REPEAL: WAC 480-146-240 Application of rules.

     WAC 480-146-250 Filing. This section incorporated in WAC 480-90-207, 480-100-207, 480-110-457, and 480-120-331, filing information.

     WAC 480-146-260 Commission may require additional information. This section incorporated in WAC 480-90-207, 480-100-207, 480-110-457, and 480-120-331, filing information.

     WAC 480-146-270 Applicant may include information by reference. This section incorporated in WAC 480-90-207, 480-100-207, 480-110-457, and 480-120-331, filing information.

     WAC 480-146-280 Applicant duty when information is unavailable. This section incorporated in WAC 480-90-207, 480-100-207, 480-110-457, and 480-120-331, filing information.

     WAC 480-146-290 Securities statements and applications. This section incorporated in proposed WAC 480-90-242, 480-100-242, 480-110-525, and 480-120-365, issuing securities.

     WAC 480-146-300 Filing requirements for securities statements and applications. This section incorporated in proposed WAC 480-90-242, 480-100-242, 480-110-525, and 480-120-365, issuing securities.

     WAC 480-146-310 Commission may set securities application or statement for public hearing. No longer relevant.

     WAC 480-146-320 Minimum time required for commission order. This section incorporated in proposed WAC 480-90-242, 480-100-242, 480-110-525, and 480-120-365, issuing securities.

     WAC 480-146-330 Supplemental securities filing may be exempt from time limitations. This section incorporated in proposed WAC 480-90-242, 480-100-242, 480-110-525, and 480-120-365, issuing securities.

     WAC 480-146-340(1) Reporting of securities transactions. This section incorporated in proposed WAC 480-90-262, 480-100-262, 480-110-565, and 480-120-389, securities report.

     WAC 480-146-340(2) Reporting of securities transactions. This section incorporated in proposed WAC 480-90-242, 480-100-242, 480-110-525, and 480-120-365, issuing securities.

     WAC 480-146-340(3) Reporting of securities transactions. No longer relevant.

     WAC 480-146-370 Application for approval of lease of utility facilities. This section incorporated in proposed WAC 480-100-282 Application for approval of lease of utility facilities.

     WAC 480-146-380 Form of lease application. This section incorporated in proposed WAC 480-100-287 Form of lease application.

     Chapter 480-73 WAC, Hazardous liquid pipeline companies.

     Amend: WAC 480-73-110 Filing information. Adopts procedures for delivering a notice of securities issuance with commission.

     Adopt: WAC 480-73-170 Issuing securities. Adopts procedures for filing a notice of a securities issuance with commission.

     Adopt: WAC 480-73-200 Securities report. Adopts procedure for annual report of securities transactions and pertinent financial information.


     Chapter 480-90 WAC, Gas companies -- Operations.

     Amend: WAC 480-90-207 Filing information.

     1. Incorporates language from proposed repealers: WAC 480-146-250 Filing, 480-146-260 Commission may require additional information, 480-146-270 Applicant may include information by reference, and 480-146-280 Applicant duty when information is unavailable.

     2. Adds language permitting filing by telefacsimile or electronic mail.

     Adopt: WAC 480-90-242 Issuing securities.

     1. Incorporates language from proposed repealers: WAC 480-146-290 Securities statements and applications, 480-146-300 Filing requirements for securities statements and applications, 480-146-320 Minimum time required for commission order, 480-146-330 Supplemental securities filings may be exempt from time limitations, and 480-146-340(1) Reporting of securities transactions.

     2. Adds clarification of requirement to file a registration statement using a shelf registration process.

     3. Adds language permitting confidential designation.

     4. Adds requirement to report, to the extent known, disposition of proceeds for each purpose allowed by RCW 80.08.030.

     Amend: WAC 480-90-248 Securities and transfers of property. Removes reference to chapters 80.08 RCW, Securities and 480-146 WAC, Commission general -- Securities, liens, refunding of notes, lease of utility facilities.

     Adopt: WAC 480-90-262 Securities report. Incorporates language from proposed repealer WAC 480-146-340(2) Reporting of securities transactions, and revises language to obtain pertinent information on the use of proceeds related to each allowable purpose listed in RCW 80.08.030.


     Chapter 480-100 WAC, Electric companies -- Operations.

     Amend: WAC 480-100-207 Filing information.

     1. Incorporates language from proposed repealers: WAC 480-146-250 Filing, 480-146-260 Commission may require additional information, 480-146-270 Applicant may include information by reference, and 480-146-280 Applicant duty when information is unavailable.

     2. Adds language permitting filing by telefacsimile or electronic mail.

     Adopt: WAC 480-100-242 Issuing securities.

     1. Incorporates language from proposed repealers: WAC 480-146-290 Securities statements and applications, 480-146-300 Filing requirements for securities statements and applications, 480-146-320 Minimum time required for commission order, 480-146-330 Supplemental securities filings may be exempt from time limitations, and 480-146-340(1) Reporting of securities transactions.

     2. Adds clarification of requirement to file a registration statement using a shelf registration process.

     3. Adds language permitting confidential designation.

     4. Adds requirement to report, to the extent known, disposition of proceeds for each purpose allowed by RCW 80.08.030.

     Amend: WAC 480-100-248 Securities and transfers of property. Removes reference to chapters 80.08 RCW, Securities and 480-146 WAC, Commission general -- Securities, liens, refunding of notes, lease of utility facilities.

     Adopt: WAC 480-100-262 Securities report. Incorporates language from proposed repealer WAC 480-146-340(2) Reporting of securities transactions, and revises language to obtain pertinent information on the use of proceeds related to each allowable purpose listed in RCW 80.08.030.

     Adopt: WAC 480-100-282 Application for approval of lease of utility facilities. Incorporates language from proposed repealer WAC 480-146-370 Application for approval of lease of utility facilities.

     Adopt: WAC 480-100-287 Form of lease application. Incorporates language from proposed repealer WAC 480-146-380 Form of lease application.


     Chapter 480-110 WAC, Water companies.

     Amend: WAC 480-110-457 Filing information.

     1. Incorporates language from proposed repealers: WAC 480-146-250 Filing, 480-146-260 Commission may require additional information, 480-146-270 Applicant may include information by reference, and 480-146-280 Applicant duty when information is unavailable.

     2. Adds language permitting filing by telefacsimile or electronic mail.

     Adopt: WAC 480-110-525 Issuing securities.

     1. Incorporates language from proposed repealers: WAC 480-146-290 Securities statements and applications, 480-146-300 Filing requirements for securities statements and applications, 480-146-320 Minimum time required for commission order, 480-146-330 Supplemental securities filings may be exempt from time limitations, and 480-146-340(1) Reporting of securities transactions.

     2. Adds clarification of requirement to file a registration statement using a shelf registration process.

     3. Adds language permitting confidential designation.

     4. Adds requirement to report, to the extent known, disposition of proceeds for each purpose allowed by RCW 80.08.030.

     Amend: WAC 480-110-555 Securities and transfers of property. Removes reference to chapters 80.08 RCW, Securities and 480-146 WAC, Commission general -- Securities, liens, refunding of notes, lease of utility facilities.

     Adopt: WAC 480-110-565 Securities report. Incorporates language from proposed repealer WAC 480-146-340(2) Reporting of securities transactions, and revises language to obtain pertinent information on the use of proceeds related to each allowable purpose listed in RCW 80.08.030.


     Chapter 480-120 WAC, Telecommunications operations.

     Amend: WAC 480-120-331 Filing information.

     1. Incorporates language from proposed repealers: WAC 480-146-250 Filing, 480-146-260 Commission may require additional information, 480-146-270 Applicant may include information by reference, and 480-146-280 Applicant duty when information is unavailable

     2. Adds language permitting filing by telefacsimile or electronic mail.

     Adopt: WAC 480-120-365 Issuing securities.

     1. Incorporates language from proposed repealers: WAC 480-146-290 Securities statements and applications, 480-146-300 Filing requirements for securities statements and applications, 480-146-320 Minimum time required for commission order, 480-146-330 Supplemental securities filings may be exempt from time limitations, and 480-146-340(1) Reporting of securities transactions.

     2. Adds clarification of requirement to file a registration statement using a shelf registration process.

     3. Adds language permitting confidential designation.

     4. Adds requirement to report, to the extent known, disposition of proceeds for each purpose allowed by RCW 80.08.030.

     Adopt: WAC 480-120-389 Securities report. Incorporates language from proposed repealer WAC 480-146-340(2) Reporting of securities transactions, and revises language to obtain pertinent information on the use of proceeds related to each allowable purpose listed in RCW 80.08.030.


     Chapter 480-121 WAC, Registration, competitive classification and price lists of telecommunications companies

     Amend: WAC 480-121-063 Regulatory requirements that may be waived for competitively classified telecommunications companies. Removes reference to chapter 480-146 WAC and adds references to new financial reporting rules, WAC 480-120-389 Securities report and WAC 480-120-395 Affiliated interest and subsidiary transactions report.

     8 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on October 2, 2002, at WSR 02-20-105, and October 28, 2002, at WSR 02-22-030, in Docket A-021178. The commission filed a preproposal statement of inquiry (CR-101) on March 13, 2003, at WSR 03-07-034, in Docket TO-030288.

     9 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The statement at WSR 02-20-105 advised interested persons that the commission was considering entering a rule making on establishing reporting rules for transactions between regulated utility and transportation companies and their subsidiaries. The statement at WSR 02-22-030 advised interested persons that other industries, including auto transportation companies, may be affected by rules adopted in this docket, and that rules adopted in this docket would not apply to competitive telecommunications companies. The statement at WSR 03-07-034 advised interested persons that the commission was considering developing a new chapter applicable to the economic regulation of hazardous liquid pipeline companies regulated as common carriers by the commission, including, but not limited to, financial reporting requirements.

     10 The commission also informed persons of the inquiry into these matters by providing notice of the subjects and the CR-101s to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all registered companies and the commission's lists of regulatory attorneys. The commission posted the relevant rule-making information on its internet web site at http://www.wutc.wa.gov.

     11 WORKSHOP; ORAL COMMENTS; WRITTEN COMMENTS: Pursuant to the notice, the commission held three stakeholder workshops. In addition, staff met informally to discuss issues related to financial reporting rules with representatives from Qwest Corporation (Qwest), PacifiCorp, Puget Sound Energy, Inc., Avista Corporation, and Olympic Pipe Line Company. Representatives of regulated companies and consumer advocacy organizations attended the workshops and/or filed written comments.

     12 NOTICE OF PROPOSED RULE MAKING: The commission filed with the code reviser a notice of proposed rule making (CR-102) on September 1, 2004, at WSR 04-18-129, scheduling the matter for oral comment and adoption on October 13, 20041. On December 22, 2004, the commission filed a supplemental notice to WSR 04-18-129, notifying interested persons of changes to the rules proposed at WSR 05-01-224, and scheduling the matter for oral comment and adoption on February 1, 20052. On May 4, 2005, the commission filed a supplemental notice to WSR 05-01-224, notifying interested persons of changes to the rules relating to securities transactions proposed at WSR 05-10-099, and scheduling the matter for oral comment and adoption on Wednesday, June 15, 2005, at 9:30 a.m., in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 Evergreen Park Drive S.W., Olympia, WA.


1 The commission heard comments from interested persons on the rule proposal on October 13, 2004, but did not adopt the proposal.

2 On February 28, 2005, the commission filed an adoption order with the code reviser at WSR 05-06-051, in which it amended, adopted, and repealed the majority of the rules noticed at WSR 05-01-224. The commission chose not to adopt certain proposed rules relating to securities transactions in its February 28, 2005, order.

     13 COMMENTERS (WRITTEN COMMENTS): The commission received written comments from Qwest and Verizon Northwest, Inc. (Verizon) in response to the supplemental notice of rules proposed at WSR 05-10-099.

     14 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on June 15, 2005, before Chairman Mark H. Sidran, and Commissioners Patrick J. Oshie and Philip B. Jones. The commission heard oral comments from Fred Ottavelli representing commission staff, and from representatives of Verizon.

     15 SUGGESTIONS FOR CHANGE THAT ARE REJECTED:

     WAC 480-120-365(1), Verizon suggests that the time frame for filing the required report should be set more realistically and the distinction between investment grade and noninvestment grade should be put back into the rule. Verizon proposes reporting thirty days after the end of the month in which the investment grade telecommunications company issues a security.

     The commission does not accept Verizon's proposed change. RCW 80.08.040 specifically requires filing "before" issuance. The previous proposal of a blanket exemption for investment grade companies had been combined with a requirement for noninvestment grade companies to report five days prior to issuance. The proposed rule now replicates statutory language requiring a report "before" issuance. The commission may exempt certain issuances by order under the provisions of RCW 80.08.047 if application of the securities statute is not required by the public interest. WAC 480-120-365 (6)(b) and 480-120-389 (1)(b), Qwest observes that the proposed rules require reporting the actual use of proceeds "stating the final amount used for each purposed allowed by RCW 80.08.030." Qwest notes that cash is fungible, and argues that it is impossible to track the ultimate disposition of every dollar raised through a security issue.

     The commission agrees that it would be difficult to track every particular dollar raised through a securities issuance. However, the proposed rules do not require such specificity. The statute limits the use of proceeds to specific purposes, and requires that a company officer certify that the proceeds of a security issuance are used for one of the purposes allowed in the statute. RCW 80.08.030, 80.08.040(1). The commission may require the company to account for the disposition of proceeds of securities issuances "in such form and detail as it may deem advisable,..." RCW 80.08.090. The proposed rules, like the statutes on which they are based, do not require the company to track every particular dollar raised through a security issuance.

     For example, assume that a company represents that $100 million in debt will be used for allowed purposes. The company issues the debt and places the cash proceeds in an account commingled with other sources of cash. It subsequently spends $50 million in cash on construction of its facilities and $50 million in cash for refunding of its obligation. The company can report these as the use of proceeds without having tracked the actual cash (i.e., each dollar) from that issuance.

     WAC 480-120-389 (1)(b), Qwest proposes that the requirement for an annual report detailing the actual use of proceeds from securities issuances be qualified with the words "if known" or "to the extent known" to recognize the timing of company expenditures.

     The commission does not accept Qwest's proposal. Timing should not be a problem. WAC 480-120-389 (1)(b) requires a report by April 1 of each year of those transactions that occurred during the period January 1 through December 31 of the preceding year. This gives the reporting company ninety days to ascertain expenditures actually made during the preceding year. This information should be available by April 1.

     16 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend, repeal, and adopt the rules in the supplemental CR-102 notice at WSR 05-10-099 with the changes described below.

     17 CHANGES FROM PROPOSAL: The commission adopts the supplemental CR-102 proposal noticed at WSR 05-10-099 with the following changes:

     WAC 480-120-365(6) and comparable sections for each industry, Qwest proposes that the requirement for a report sixty days after the issuance of any securities, setting forth actual proceeds from the issuance and the disposition of proceeds, be qualified with the words "if known" or "to the extent known" to recognize that cash raised through a securities issuance may well not be spent within sixty days of the issuance.

     The commission recognizes that cash raised through a securities issuance may not be spent within sixty days of the issuance, and accepts Qwest's proposal to incorporate the words "to the extent known" into WAC 480-120-365 (6)(b), as well as WAC 480-73-170 (4)(b), 480-90-242 (6)(b), 480-100-242 (6)(b), and 480-110-525 (6)(b).

     WAC 480-120-365 and comparable sections for each industry, the commission clarifies the intent of this rule by incorporating language suggested by Qwest that excludes those notes that are exempted from reporting under RCW 80.08.043, and that qualifies the reporting of any obligation or liability pursuant to RCW 80.08.130. This clarification has been incorporated into WAC 480-90-242, 480-100-242, 480-110-525, and 480-120-365. Similar language has been incorporated into WAC 480-73-170 to qualify the reporting of obligation or liability pursuant to RCW 81.08.130.

     18 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that chapter 480-146 WAC should be repealed; WAC 480-73-110, 480-90-207, 480-90-248, 480-100-207, 480-100-248, 480-110-457, 480-110-555, 480-120-331, and 480-121-063 should be amended; and WAC 480-73-170, 480-73-200, 480-90-242, 480-90-262, 480-100-242, 480-100-262, 480-100-282, 480-100-287, 480-110-525, 480-110-565, 480-120-365, and 480-120 389, 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 13, Amended 8, Repealed 13.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 12, Amended 7, Repealed 13.

     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.


ORDER


     THE COMMISSION ORDERS:

     19 (1) The commission repeals chapter 480-146 WAC.

     20 (2) The commission amends and adopts the following sections 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): WAC 480-73-110, 480-90-207, 480-90-248, 480-100-207, 480-100-248, 480-110-457, 480-110-555, 480-120-331, and 480-121-063.

     21 (3) The commission adopts the following new sections 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): WAC 480-73-170, 480-73-200, 480-90-242, 480-90-262, 480-100-242, 480-100-262, 480-100-282, 480-100-287, 480-110-525, 480-110-565, 480-120-365, and 480-120 389.

     22 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 3rd day of August, 2005.

Washington Utilities and Transportation Commission

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

Philip B. Jones, Commissioner

OTS-7874.3


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

WAC 480-73-110   Filing information.   (1) Filing. The commission records center will accept any filing under WAC 480-73-170 (Issuing securities) delivered in person, by mail, telefacsimile, or electronic mail message. The commission records center will accept all other reports required in Part II in person, by mail, or when procedures are in place, electronic mail message.

     (2) Commission may require additional information. The commission may require information in addition to that specified by statute or in this chapter.

     (3) Information by reference. When any information required to support a filing is on file with the commission, it is sufficient to make specific reference to the information indicating the proceeding, report, or other filing that contains the referenced information.

     (4) When information is unavailable. If any required information is unavailable at the time of the filing, the filing must include the reason why the information is not available and state when it will be available.

[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), § 480-73-110, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-73-170   Issuing securities.   (1) Before a pipeline company issues stocks, stock certificates, other evidence of interest or ownership, bonds, notes, or other evidences of indebtedness, or assumes any obligation or liability as guarantor subject to reporting under RCW 81.08.130, it must file with the commission:

     (a) A description of the purposes for which the issuance will be made, including a certification by an officer authorized to do so, that the proceeds from any such financing is for one or more of the purposes allowed by RCW 81.08.030;

     (b) A description of the proposed issuance, including the terms of financing; and

     (c) A statement as to why the transaction is in the public interest.

     (2) Filing a Registration Statement with the Securities and Exchange Commission using a shelf registration process does not constitute undertaking the issuance of a security, and therefore a filing with the commission is not required under the provisions of RCW 81.08.040. A shelf registration filing is defined under the General Rules and Regulations promulgated under the Securities Act of 1933, Rule 415 - Delayed or Continuous Offering and Sale of Securities.

     (3) An authorized representative must sign and date the filing and include a certification or declaration that the information is true and correct under penalty of perjury as set forth in chapter 9A.72 RCW. The certificate or declaration must be in substantially the following form:


"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct."

     (4) Within sixty days after the issuance of any securities, except for dividend reinvestment and employee benefit plans, a pipeline company must file with the commission a verified statement:

     (a) Outlining the final terms and conditions of the transaction; and

     (b) Setting forth actual proceeds from the issuance and, to the extent known, the disposition of proceeds stating the final amount to be used for each purpose allowed by RCW 81.08.030.

[]


NEW SECTION
WAC 480-73-200   Securities report.   Each pipeline company that has issued securities must file with the commission an annual securities transaction report. The report is due ninety days from the end of the company's reporting period, whether a fiscal or calendar year. At a minimum, the report must contain:

     (1) A schedule of the securities issued during the reporting period including a detailed description of the final agreements;

     (2) A description of the use of proceeds stating the amounts used for each purpose allowed by RCW 81.08.030;

     (3) The level of expenses for each of the securities transactions for the reporting period;

     (4) A schedule of securities retired, refunded, repurchased, or otherwise removed from the company's capitalization; and

     (5) A schedule of securities scheduled to mature in the fiscal or calendar year following the reporting period.

[]

OTS-7875.3


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

WAC 480-90-207   Filing information.   (1) Filing. The commission record center will accept any filing under WAC 480-90-242 (Issuing securities) delivered in person, by mail, telefacsimile, or electronic mail message. The commission records center will accept all other reports required in Part III in person, by mail, or when procedures are in place, electronic mail message.

     (2) Commission may require additional information. The commission may require pertinent information in addition to that specified by statute or in this chapter.

     (3) Information by reference. When any information required to support a filing is on file with the commission, it is sufficient to make specific reference to the information indicating the proceeding, report, or other filing that contains the referenced information.

     (4) When information is unavailable. If any required information is unavailable at the time of the filing, the filing must include the reason why the information is not available and state when it will be available.

[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), § 480-90-207, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-90-242   Issuing securities.   For the purpose of this section:

     "Securities" means stocks, stock certificates, other evidence of interest or ownership, bonds, notes other than those notes exempted from reporting under RCW 80.08.043, or other evidence of indebtedness, or any obligation or liability as guarantor subject to reporting under RCW 80.08.130.

     (1) Before a gas utility issues a security, it must file with the commission:

     (a) A description of the purposes for which the issuance will be made, including a certification by an officer authorized to do so, that the proceeds from any such financing is for one or more of the purposes allowed by RCW 80.08.030;

     (b) A description of the proposed issuance, including the terms of financing; and

     (c) A statement as to why the transaction is in the public interest.

     (2) A commission order is not required for such a filing. The utility may request a written order affirming that the utility has complied with the requirements of RCW 80.08.040. The utility must submit the request for a commission order, along with the information required in subsection (1) of this section, at least fifteen business days before the requested effective date for the order. Requests for supplemental orders may be exempt from the fifteen business day requirement.

     (3) Filing a Registration Statement with the Securities and Exchange Commission using a shelf registration process does not constitute undertaking the issuance of a security, and therefore a filing with the commission is not required under the provisions of RCW 80.08.040. A shelf registration filing is defined under the General Rules and Regulations promulgated under the Securities Act of 1933, Rule 415 -Delayed or Continuous Offering and Sale of Securities.

     (4) An authorized representative must sign and date the filing and include a certification or declaration that the information is true and correct under penalty of perjury as set forth in chapter 9A.72 RCW. The certificate or declaration must be in substantially the following form:


"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct."

     (5) Filings under this section may be submitted with portions designated confidential pursuant to WAC 480-07-160 (Confidential information).

     (6) Within sixty days after the issuance of any securities, except for dividend reinvestment and employee benefit plans, a utility must file with the commission a verified statement:

     (a) Outlining the final terms and conditions of the transaction; and

     (b) Setting forth actual proceeds from the issuance and, to the extent known, the disposition of proceeds stating the final amount to be used for each purpose allowed by RCW 80.08.030.

[]


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

WAC 480-90-248   ((Securities and)) Transfers of property.   (((1) Before a gas utility issues stock, securities, or other evidence of indebtedness, the utility must comply with the requirements of chapters 80.08 RCW and 480-146 WAC.

     (2))) Before selling, leasing, or assigning any of its property or facilities which are necessary or useful in the performance of its duties to the public, or before acquiring property or facilities of another public utility, a gas utility must obtain from the commission an order authorizing such transaction in accordance with chapter 80.12 RCW (Transfers of property) and chapter 480-143 WAC (Commission general -- Transfers of property).

[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), § 480-90-248, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-90-262   Securities report.   Each gas utility that has issued securities must file with the commission an annual securities transaction report. The report is due five months from the end of the utility's reporting period, whether a fiscal or calendar year. At a minimum, the report must contain:

     (1) A schedule of the securities issued during the reporting period including a detailed description of the final agreements;

     (2) A description of the use of proceeds stating the amounts used for each purpose allowed by RCW 80.08.030;

     (3) The level of expenses for each of the securities transactions for the reporting period;

     (4) A schedule of securities retired, refunded, repurchased, or otherwise removed from the utility's capitalization; and

     (5) A schedule of securities scheduled to mature in the fiscal or calendar year following the reporting period.

[]

OTS-7876.3


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

WAC 480-100-207   Filing information.   (1) Filing. The commission records center will accept any filing under WAC 480-100-242 (Issuing securities) delivered in person, by mail, telefacsimile, or electronic mail message. The commission records center will accept all other reports required in Part III in person, by mail, or when procedures are in place, electronic mail message.

     (2) Commission may require additional information. The commission may require pertinent information in addition to that specified by statute or in this chapter.

     (3) Information by reference. When any information required to support a filing is on file with the commission, it is sufficient to make specific reference to the information indicating the proceeding, report, or other filing that contains the referenced information.

     (4) When information is unavailable. If any required information is unavailable at the time of the filing, the filing must include the reason why the information is not available and state when it will be available.

[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), § 480-100-207, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-100-242   Issuing securities.   For the purpose of this section:

     "Securities" means stocks, stock certificates, other evidence of interest or ownership, bonds, notes other than those notes exempted from reporting under RCW 80.08.043, or other evidence of indebtedness, or any obligation or liability as guarantor subject to reporting under RCW 80.08.130.

     (1) Before an electric utility issues a security, it must file with the commission:

     (a) A description of the purposes for which the issuance will be made, including a certification by an officer authorized to do so, that the proceeds from any such financing is for one or more of the purposes allowed by RCW 80.08.030;

     (b) A description of the proposed issuance, including the terms of financing; and

     (c) A statement as to why the transaction is in the public interest.

     (2) A commission order is not required for such a filing. The utility may request a written order affirming that the utility has complied with the requirements of RCW 80.08.040. The utility must submit the request for a commission order, along with the information required in subsection (1) of this section, at least fifteen business days before the requested effective date for the order. Requests for supplemental orders may be exempt from the fifteen business day requirement.

     (3) Filing a Registration Statement with the Securities and Exchange Commission using a shelf registration process does not constitute issuance of a security, and therefore a filing with the commission is not required under the provisions of RCW 80.08.040. A shelf registration filing is defined under the General Rules and Regulations promulgated under the Securities Act of 1933, Rule 415 - Delayed or Continuous Offering and Sale of Securities.

     (4) An authorized representative must sign and date the filing and include a certification or declaration that the information is true and correct under penalty of perjury as set forth in chapter 9A.72 RCW. The certificate or declaration must be in substantially the following form:

    

"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct."


     (5) Filings under this section may be submitted with portions designated confidential pursuant to WAC 480-07-160 (Confidential information).

     (6) Within sixty days after the issuance of any securities, except for dividend reinvestment and employee benefit plans, a utility must file with the commission a verified statement:

     (a) Outlining the final terms and conditions of the transaction; and

     (b) Setting forth actual proceeds from the issuance and, to the extent known, the disposition of proceeds stating the final amount to be used for each purpose allowed by RCW 80.08.030.

[]


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

WAC 480-100-248   ((Securities and)) Transfers of property.   (((1) Before an electric utility issues stock, securities, or other evidence of indebtedness, the utility must comply with the requirements of chapters 80.08 RCW and 480-146 WAC.

     (2))) Before selling, leasing, or assigning any of its property or facilities which are necessary or useful in the performance of its duties to the public, or before acquiring property or facilities of another public utility, an electric utility must obtain from the commission an order authorizing such transaction in accordance with chapters 80.12 RCW (Transfers of property) and 480-143 WAC (Commission general -- Transfers of property).

[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), § 480-100-248, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-100-262   Securities report.   Each electric utility that has issued securities must file with the commission an annual securities transaction report. The report is due five months from the end of the utility's reporting period, whether a fiscal or calendar year. At a minimum, the report must contain:

     (1) A schedule of the securities issued during the reporting period including a detailed description of the final agreements;

     (2) A description of the use of proceeds stating the amounts used for each purpose allowed by RCW 80.08.030;

     (3) The level of expenses for each of the securities transactions for the reporting period;

     (4) A schedule of securities retired, refunded, repurchased, or otherwise removed from the utility's capitalization; and

     (5) A schedule of securities scheduled to mature in the fiscal or calendar year following the reporting period.

[]

PART ((5)) VI -- SAFETY AND STANDARDS RULES
NEW SECTION
WAC 480-100-282   Application for approval of lease of utility facilities.   Under the provisions of RCW 80.04.520, the applicant must certify that the requested approval of lease of utility facilities is necessary to exempt any owner of the facilities from being a public utility company under the Public Utility Holding Company Act of 1935.

[]


NEW SECTION
WAC 480-100-287   Form of lease application.   A filing for approval of lease of utility facilities must be submitted in the following form:


Before The Washington Utilities And Transportation Commission

In the Matter of the     Application of (insert name) for an Order

Approving the Lease of Utility Facilities.

No. . . .
(Number to be inserted by Commission)
. . . . . . . .

     Application is hereby made to the Washington Utilities and Transportation Commission for an order authorizing the lease of utility facilities. The following general information and exhibits are furnished in support:


GENERAL INFORMATION

     1. Name of applicant.

     2. Address of principal office of applicant.

     3. Name and address of attorney or agent.

     4. State or states under which applicant is organized and form of organization.

     5. A general description of the property owned by applicant and the field of its operations.


EXHIBIT "A"

     A statement by applicant certifying that the requested approval is necessary or appropriate to exempt any owner of the facilities from being a public utility company under the federal Public Utility Holding Company Act of 1935.


EXHIBIT "B"

     Detailed unconsolidated balance sheet as of three months before the date the application is filed, and a pro forma balance sheet as of the same date showing the effect of the proposed lease. Indicate separately the amount of intangibles and the amount reflected in plant acquisition adjustment account if such items are included in the fixed capital or utility plant accounts of the balance sheet.


EXHIBIT "B-1"

     (A) Detailed income and profit-and-loss statement for the twelve months ended as of the date of the balance sheet submitted as Exhibit "B."

     (B) Reconcilement of the retained earnings account for the period covered by the income and profit-and-loss statement. Retained earnings should be segregated from other surplus accounts.


EXHIBIT "C"

     1. A description of the property to be leased.

     2. The historical or original cost of the property to be leased and the related accrued depreciation. (Estimated in both cases if actual amounts are not known.)

     3. The amount of contributions in aid of construction.

     4. Terms of the lease.


EXHIBIT "D"

     Economic and financial justification for entering into the proposed lease including a lease versus purchase analysis.


EXHIBIT "E"

     Show such other facts that may be pertinent to the application.


The undersigned applicant requests that the Washington Utilities and Transportation Commission enter an order granting this application.
Dated this day of

, 20 .

By

(Applicant/Title)

[]

OTS-7877.3


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

WAC 480-110-457   Filing information.   (1) Filing. The commission records center will accept any filing under WAC 480-110-525 (Issuing securities) delivered in person, by mail, telefacsimile, or electronic mail message. The commission records center will accept all other reports required in Part IV in person, by mail, or when procedures are in place, electronic mail message.

     (2) Commission may require additional information. The commission may require pertinent information in addition to that specified by statute or in this chapter.

     (3) Information by reference. When any information required to support a filing is on file with the commission, it is sufficient to make specific reference to the information indicating the proceeding, report, or other filing that contains the referenced information.

     (4) When information is unavailable. If any required information is unavailable at the time of the filing, the filing must include the reason why the information is not available and state when it will be available.

[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), § 480-110-457, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-110-525   Issuing securities.   (1) Before a water company issues stocks, stock certificates, other evidence of interest or ownership, bonds, notes other than those notes exempted from reporting under RCW 80.08.043, or other evidences of indebtedness, or assumes any obligation or liability as guarantor subject to reporting under RCW 80.08.130, it must file with the commission:

     (a) A description of the purposes for which the issuance will be made, including a certification by an officer authorized to do so, that the proceeds from any such financing is for one or more of the purposes allowed by RCW 80.08.030;

     (b) A description of the proposed issuance, including the terms of financing; and

     (c) A statement as to why the transaction is in the public interest.

     (2) A commission order is not required for such a filing. The company may request a written order affirming that the company has complied with the requirements of RCW 80.08.040. The company must submit the request for a commission order, along with the information required in subsection (1) of this section, at least fifteen business days before the requested effective date for the order. Requests for supplemental orders may be exempt from the fifteen business day requirement.

     (3) Filing a Registration Statement with the Securities and Exchange Commission using a shelf registration process does not constitute undertaking the issuance of a security, and therefore a filing with the commission is not required under the provisions of RCW 80.08.040. A shelf registration filing is defined under the General Rules and Regulations promulgated under the Securities Act of 1933, Rule 415 - Delayed or Continuous Offering and Sale of Securities.

     (4) An authorized representative must sign and date the filing and include a certification or declaration that the information is true and correct under penalty of perjury as set forth in chapter 9A.72 RCW. The certificate or declaration must be in substantially the following form:


"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct."
    
     (5) Filings under this section may be submitted with portions designated confidential pursuant to WAC 480-07-160 (Confidential information).

     (6) Within sixty days after the issuance of any securities, except for dividend reinvestment and employee benefit plans, a company must file with the commission a verified statement:

     (a) Outlining the final terms and conditions of the transaction; and

     (b) Setting forth actual proceeds from the issuance and, to the extent known, the disposition of proceeds stating the final amount to be used for each purpose allowed by RCW 80.08.030.

[]


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

WAC 480-110-555   ((Securities and)) Transfers of property.   (((1) Before issuing stock, evidence of indebtedness, or any other securities, the company must comply with the requirements of chapters 80.08 RCW and 480-146 WAC.

     (2))) Before selling, leasing, or assigning any of its property or facilities which are necessary or useful in the performance of its duties to the public, or before acquiring property or facilities of another public utility, a water company must obtain from the commission an order authorizing such transaction in accordance with chapters 80.12 RCW (Transfers of property) and 480-143 WAC (Commission general -- Transfers of property).

[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), § 480-110-555, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-110-565   Securities report.   Each water company that has issued securities must file with the commission an annual securities transaction report. The report is due ninety days from the end of the company's reporting period, whether a fiscal or calendar year. At a minimum, the report must contain:

     (1) A schedule of the securities issued during the reporting period including a detailed description of the final agreements;

     (2) A description of the use of proceeds stating the amounts used for each purpose allowed by RCW 80.08.030;

     (3) The level of expenses for each of the securities transactions for the reporting period;

     (4) A schedule of securities retired, refunded, repurchased, or otherwise removed from the company's capitalization; and

     (5) A schedule of securities scheduled to mature in the fiscal or calendar year following the reporting period.

[]

OTS-7878.3


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

WAC 480-120-331   Filing information.   (1) Filing. The commission records center will accept any filing under WAC 480-120-365 (Issuing securities) delivered in person, by mail, telefacsimile, or electronic mail message. The commission records center will accept all other reports required in Part VIII in person, by mail, or when procedures are in place, electronic mail message.

     (2) Commission may require additional information. The commission may require pertinent information in addition to that specified by statute or in this chapter.

     (3) Information by reference. When any information required to support a filing is on file with the commission, it is sufficient to make specific reference to the information indicating the proceeding, report, or other filing that contains the referenced information.

     (4) When information is unavailable. If any required information is unavailable at the time of the filing, the filing must include the reason why the information is not available and state when it will be available.

[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), § 480-120-331, filed 2/28/05, effective 3/31/05.]


NEW SECTION
WAC 480-120-365   Issuing securities.   For the purpose of this section:

     "Securities" means stocks, stock certificates, other evidence of interest or ownership, bonds, notes other than those notes exempted from reporting under RCW 80.08.043, or other evidence of indebtedness, or any obligation or liability as guarantor subject to reporting under RCW 80.08.130.

     (1) Before a telecommunications company subject to the provisions of chapter 80.08 RCW issues a security, it must file with the commission:

     (a) A description of the purposes for which the issuance will be made, including a certification by an officer authorized to do so, that the proceeds from any such financing is for one or more of the purposes allowed by RCW 80.08.030;

     (b) A description of the proposed issuance, including the terms of financing; and

     (c) A statement as to why the transaction is in the public interest.

     (2) A commission order is not required for such a filing. The company may request a written order affirming that the company has complied with the requirements of RCW 80.08.040. The company must submit the request for a commission order, along with the information required in subsection (1) of this section, at least fifteen business days before the requested effective date for the order. Requests for supplemental orders may be exempt from the fifteen business day requirement.

     (3) Filing a Registration Statement with the Securities and Exchange Commission using a shelf registration process does not constitute issuance of a security, and therefore a filing with the commission is not required under the provisions of RCW 80.08.040. A shelf registration filing is defined under the General Rules and Regulations promulgated under the Securities Act of 1933, Rule 415 - Delayed or Continuous Offering and Sale of Securities.

     (4) An authorized representative must sign and date the filing and include a certification or declaration that the information is true and correct under penalty of perjury as set forth in chapter 9A.72 RCW. The certificate or declaration must be in substantially the following form:


"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct."

     (5) Filings under this section may be submitted with portions designated confidential pursuant to WAC 480-07-160 (Confidential information).

     (6) Within sixty days after the issuance of any securities, except for dividend reinvestment and employee benefit plans, a company must file with the commission a verified statement:

     (a) Outlining the final terms and conditions of the transaction; and

     (b) Setting forth actual proceeds from the issuance and, to the extent known, the disposition of proceeds stating the final amount to be used for each purpose allowed by RCW 80.08.030.

[]


NEW SECTION
WAC 480-120-389   Securities report.   (1) Each telecommunications company subject to the provisions of chapter 80.08 RCW that has issued securities during the prior year, must file with the commission by April 1 of each year an annual securities transaction report for the period January 1 through December 31 of the preceding year. At a minimum, the report must contain:

     (a) A description of the final agreements;

     (b) A description of the use of proceeds stating the amounts used for each purpose allowed by RCW 80.08.030;

     (c) The level of expenses for each of the securities transactions;

     (d) Information to determine the individual and collective impact on capital structure; and

     (e) The pro forma cost of money for the securities transactions.

     (2) The company may provide by reference the information required in subsection (1)(a), (b), and (c) of this section if the information has previously been filed with the commission.

[]

OTS-8067.1


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

WAC 480-121-063   Regulatory requirements that may be waived for competitively classified telecommunications companies.   (1) The following regulatory requirements are waived for competitively classified companies:

     (a) RCW 80.04.300 (Budgets to be filed by companies -- Supplementary budgets);

     (b) RCW 80.04.310 (Commission's control over expenditures);

     (c) RCW 80.04.320 (Budget rules);

     (d) RCW 80.04.330 (Effect of unauthorized expenditure -- Emergencies);

     (e) RCW 80.04.360 (Earnings in excess of reasonable rate -- Consideration in fixing rates);

     (f) RCW 80.04.460 (Investigation of accidents);

     (g) RCW 80.04.520 (Approval of lease of utility facilities);

     (h) RCW 80.36.100 (Tariff schedules to be filed and open to public);

     (i) RCW 80.36.110 (Tariff changes -- Statutory notice -- Exception);

     (j) Chapter 80.08 RCW (Securities) (except RCW 80.08.140, State not obligated);

     (k) Chapter 80.12 RCW (Transfers of property);

     (l) Chapter 80.16 RCW (Affiliated interests);

     (m) WAC 480-80-101 Tariff requirements through WAC 480-80-143 Special contracts for gas, electric, and water companies;

     (n) Chapter 480-140 WAC (Commission general -- Budgets);

     (o) Chapter 480-143 WAC (Commission general -- Transfers of property);

     (p) ((Chapter 480-146 WAC (Commission general -- Securities, liens, refunding of notes, lease of utility facilities);

     (q))) WAC 480-120-102 (Service offered);

     (((r))) (q) WAC 480-120-339 (Streamlined filing requirements for Class B telecommunications company rate increases);

     (((s))) (r) WAC 480-120-311 (Access charge and universal service reporting);

     (((t))) (s) WAC 480-120-344 (Expenditures for political or legislative activities);

     (((u))) (t) WAC 480-120-352 (Washington Exchange Carrier Association (WECA));

     (((v))) (u) WAC 480-120-369 (Transferring cash or assuming obligation);

     (((w))) (v) WAC 480-120-375 (Affiliated interests -- Contracts or arrangements); ((and

     (x))) (w) WAC 480-120-395 (Affiliated interest and subsidiary transactions report);

     (x) WAC 480-120-389 (Securities report); and

     (y) WAC 480-120-395 (Affiliated interest and subsidiary transactions report).

     This rule supersedes all waivers of regulatory requirements for competitively classified companies granted by the commission at the time of a company's competitive classification. However, subsequent to the adoption of this rule, the commission may revoke the waiver of any regulatory requirement set forth in (a) through (((x))) (y) of this subsection or may waive any regulatory requirement not included in (a) through (((x))) (y) of this subsection.

     (2) The commission may by order revoke waivers of regulatory requirements if it determines that revocation is necessary to protect the public interest.

     (3) In addition, the commission may waive regulatory requirements for telecommunications companies that it has classified as competitive if it determines that competition with the regulatory waiver will serve the same purposes as public interest regulation.

[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), § 480-121-063, filed 2/28/05, effective 3/31/05; 03-22-046 (Docket No. A-030832, General Order No. R-509), § 480-121-063, filed 10/29/03, effective 11/29/03. Statutory Authority: RCW 80.01.040 and 80.04.160. 02-11-080 (General Order No. R-499, Docket No. UT-991922), § 480-121-063, filed 5/14/02, effective 6/17/02; 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-121-063, filed 4/4/01, effective 5/5/01.]

OTS-7879.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 480-146-240 Application of rules.
WAC 480-146-250 Filing.
WAC 480-146-260 Commission may require additional information.
WAC 480-146-270 Applicant may include information by reference.
WAC 480-146-280 Applicant duty when information is unavailable.
WAC 480-146-290 Securities statements and applications.
WAC 480-146-300 Filing requirements for securities statements and applications.
WAC 480-146-310 Commission may set securities application or statement for public hearing.
WAC 480-146-320 Minimum time required for commission order.
WAC 480-146-330 Supplemental securities filings may be exempt from time limitations.
WAC 480-146-340 Reporting of securities transactions.
WAC 480-146-370 Application for approval of lease of utility facilities.
WAC 480-146-380 Form of lease application.

© Washington State Code Reviser's Office