WSR 06-01-011

PERMANENT RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket Nos. UT-051261 and UW-051287, General Order No. R-525 -- Filed December 9, 2005, 1:17 p.m. , effective January 9, 2006 ]

In the matter of amending WAC 480-140-020 relating to

Budgets -- Who must file.

1 STATUTORY OR OTHER AUTHORITY: The Washington utilities and transportation commission (WUTC) takes this action under Notice No. WSR 05-22-094, filed with the code reviser on November 1, 2005. The commission brings this proceeding pursuant to RCW 80.01.040(4), 80.04.160, and 80.40.320.

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 changes, and the commission's responses to the comments reflecting the commission's consideration of them.

5 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.

6 REFERENCE TO AFFECTED RULES: This rule amends the following sections of the Washington Administrative Code:

WAC 480-140-020 Who must file. Subsections (3) and (4) are deleted to eliminate the requirement that large telecommunications companies and water companies must file annual budges [budgets] with the commission.

7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on September 7, 2005, at WSR 05-18-087. The statement advised interested persons that the commission was considering entering a rule making to consider eliminating the requirement that large telecommunications companies and water companies file annual budgets with the WUTC according to WAC 480-140-020.

8 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending a notice to all registered telecommunications, water companies, the commission's list of telecommunications attorneys and water company attorneys, and posting all information on the commission's web site.

9 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on November 1, 2005, at WSR 05-22-094. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 05-22-094 at 9:30 a.m., Tuesday, December 6, 2005, in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

10 COMMENTERS (WRITTEN COMMENTS): The commission received written comments from Verizon Northwest Inc. supporting the proposed amendment to WAC 480-140-020.

11 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notice in WSR 05-22-094, at a rule-making hearing on Tuesday, December 6, 2005, before Chairman Mark H. Sidran and Commissioner Patrick J. Oshie. The commission received no comments.

12 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission finds and concludes that it should amend the rule as proposed in the CR-102 at WSR 05-22-094.

13 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that WAC 480-140-020 should be amended to read as set forth in Appendix A, as a rule 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 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

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


14 THE COMMISSION ORDERS:

15 (1) The commission amends and adopts WAC 480-140-020 to read as set forth in Appendix A, as a rule 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).

16 (2) This order and the rule 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 7th day of December, 2005.

Washington utilities and transportation commission.

Mark H. Sidran, Chairman

Patrick J. Oshie, Commissioner

OTS-8470.1


AMENDATORY SECTION(Amending Order No. R-466, Docket No. A-990298, filed 11/15/99, effective 12/16/99)

WAC 480-140-020   Who must file.   The following public service companies with annual gross operating revenues exceeding two hundred fifty thousand dollars must file budgets with the commission:

(1) Gas companies; and

(2) Electrical companies((;

(3) Telecommunications companies that serve more than two percent of the access lines in the state of Washington, except those companies classified as competitive by the commission; and

(4) Water companies that are not required to file water system plans with the department of health in compliance with WAC 246-290-100. Water companies required to file water system plans with the department of health must concurrently file a copy with the commission)).

[Statutory Authority: RCW 80.04.160, 80.01.040 and 80.04.300 through 80.04.330. 99-23-065 (Order No. R-466, Docket No. A-990298), 480-140-020, filed 11/15/99, effective 12/16/99. Statutory Authority: RCW 80.01.040. 92-02-083 (Order R-363, Docket No. U-911075), 480-140-020, filed 12/31/91, effective 1/31/92; 91-08-026 (Order R-341, Docket No. U-901099), 480-140-020, filed 3/28/91, effective 4/28/91. Statutory Authority: RCW 80.01.040 and 80.04.320. 87-01-001 (Order R-269, Cause No. U-86-121), 480-140-020, filed 12/5/86; Order R-5, 480-140-020, filed 6/6/69, effective 10/9/69.]