WSR 06-11-174

EXPEDITED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Commission Docket A-060475 -- Filed May 24, 2006, 11:06 a.m. ]

     Title of Rule and Other Identifying Information: The 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 reference, grammatical, and punctuation errors.

     Affected WAC chapters include chapters 480-04, 480-14, 480-15, 480-70, 480-73, 480-90, 480-100, 480-120, and 480-121 WAC.


Proposed Adoption by Reference Date Changes and Other Administrative Changes

Docket No. A-060475

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:

North American Standard Out-of-Service Criteria (CVSAb)
April 1, 2006 - No significant change.
Title 49 Code of Federal Regulations,
October 1, 2005 - Part 395, see Note 1.

Chapter 480-15 WAC, Household goods carriers

Amend 480-15-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
North American Standard Out-of-Service Criteria
April 1, 2006 - No significant change.
Title 49 Code of Federal Regulations
October 1, 2005 - Part 395, see Note 1.
Chapter 480-70 WAC, Solid waste collection companies
Amend 480-70-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
North American Standard Out-of-Service Criteria
April 1, 2006 - No significant change.
Title 40 Code of Federal Regulations
July 1, 2006 - No significant change.
Title 49 Code of Federal Regulations
October 1, 2005 - Part 395, see Note 1.
Chapter 480-73 WAC, Hazardous liquid pipeline companies
Amend 480-73-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 18 Code of Federal Regulations
April 1, 2006 - No significant change.

Chapter 480-90 WAC, Gas companies -- Operations

Amend 480-90-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 18 Code of Federal Regulations
April 1, 2006 - No significant change.
NARUCc, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985
No change to current rule.

Chapter 480-100 WAC, Electric companies

Amend 480-100-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
Title 18 Code of Federal Regulations
April 1, 2006 - No significant change.
NARUC, The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies - as of 1985
No change to current rule.
National Electrical Coded - as of 2005
See Note 2.
ANSI C12.1, Code for Electricity Metering, 2001 - as of 2001
No change to current rule.
Chapter 480-120 WAC, Telecommunications companies
Amend 480-120-999 Adoption by reference. 1. Adoption by reference dates changed as follows:
American National Standards for Telecommunications - "Network Performance Parameters for Dedicated Digital Services - Specifications" - (ANSI T1.510-1999) - as of December 29, 1999 and reaffirmed 2004
No change to current rule.
The Institute of Electrical and Electronic Engineers (IEEE) Standard Telephone Loop Performance Characteristics as of March 22, 1984 and reaffirmed October 26, 1999
No change to current rule - See Note 3 .
National Electrical Safety Code
January 1, 2002 - No change to current rule.
Title 47 Code of Federal Regulations, except Sections 64.2003 through 64.2009
October 1, 1998 - No change to current rule - See Note 4.
Title 47 Code of Federal Regulations, Sections 64.2003 through 64.2009
October 1, 2004 - No significant change.
Chapter 480-121 WAC, Registration, competitive classification and price lists of telecommunications companies
Amend 480-121-063 Regulatory requirements that may be waived for competitively classified telecommunications companies. 1. Corrected WAC references and numbering in subsection (1).
Chapter 480-04 WAC, Public access to information and records
Amend 480-04-100 Copying and service charges. 1. Updated reference to administrative policy concerning commission's schedule of charges for copies - See Note 5.

Note

1. 49 C.F.R. Part 395 Federal Motor Carrier Safety Administration: Hours of Service of Drivers.

Effective: October 1, 2005 (Docket No. FMCSA-2004-19608).

     Rule requires all divers [drivers] of property-carrying commercial motor vehicles (CMVs) in interstate commerce to take at least ten consecutive hours off duty before driving (change from eight consecutive hours), limits driving time to eleven consecutive hours (change from ten consecutive hours) within a fourteen-hour, nonextendable window after coming on duty, and prohibits driving after the driver has been on duty sixty hours in seven consecutive days, or seventy hours in eight consecutive days. Drivers may restart the sixty- or seventy-hour "clock" by taking thirty-four consecutive hours off duty.

     Rule creates a new regulatory regime for drivers of CMVs that do not require a CDL, provided hey [they] operate within a one hundred fifty-mile radious [radius] of their work-reporting location. These drivers are not required to keep logbooks, though their employers must keep accurate time records, and the driver must use a sixteen-hour driving window twice a week. Driving time may not exceed the normal eleven hours, but the longer operational window twice a week enables short-haul carriers to meet unusual scheduling demands.

     Rule requires CMV drivers using the sleeper berth provision to take at least eight consecutive hours in the sleeper berth, plus two consecutive hours either in the sleeper berth, off duty, or any combination of the two.

2. National Electrical Code - as of 2005.

     Major revisions in the 2005 NEC work to improve protection of people and property. Revisions include expanded requirements for ground-fault circuit-interrupters (GFCI) call for wider use of these devices in homes, businesses, and public spaces, new requirements for arc-fault circuit-interrupters (AFCI), first-time Article 409 introduces rules for industrial control panels, first-time Article 506 presents a zone hazardous area classification system for combustible dusts and ignitable fibers and flyings, first-time Article 682 covers natural and artificially made bodies of water not classified as swimming pools or fountains, first-time Article 353 governs installations using HDPE conduit, reorganized electrical calculation requirements in Article 220: Branch Circuit, Feeder and Service Calculations, and new requirements for identification of ungrounded branch circuit and feeder conductors [to] protect electricians and maintenance personnel.

3. 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."

4. 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 has 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.

5. Administrative Policy 5.1c.

     In June 2005, all administrative policies were renumbered to be more efficient.

a Substantive changes highlighted in the notes 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 National Association of Regulatory Utility Commissioners (NARUC).

d National Fire Protection Association (NFPA).

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-060475, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250 , AND RECEIVED BY July 24, 2006.


     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 Titles 18, 40, 47, and 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) 664-1295.

May 24, 2006

C. Robert Wallace

for Carole J. Washburn

Executive Secretary

OTS-8912.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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 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, ((2005)) 2006.

     (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 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, ((2004)) 2005.

     (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 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. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-14-999, filed 10/10/05, effective 11/10/05; 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-8913.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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 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, ((2005)) 2006.

     (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 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, ((2004)) 2005.

     (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 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. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-15-999, filed 10/10/05, effective 11/10/05; 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-8914.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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 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, ((2005)) 2006.

     (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 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, ((2005)) 2006.

     (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 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, ((2004)) 2005.

     (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 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. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-70-999, filed 10/10/05, effective 11/10/05; 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-8915.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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, ((2005)) 2006.

     (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 Title 18 Code of Federal Regulations are available from the 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. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-73-999, filed 10/10/05, effective 11/10/05; 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-8916.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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, ((2005)) 2006.

     (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).

     (d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government 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. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-90-999, filed 10/10/05, effective 11/10/05; 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-8917.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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, ((2005)) 2006.

     (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).

     (d) Copies of Title 18 Code of Federal Regulations are available from the U.S. Government 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)) 2005.

     (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. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-100-999, filed 10/10/05, effective 11/10/05; 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-8918.1


AMENDATORY SECTION(Amending Docket No. A-050271, General Order No. R-521, filed 10/10/05, effective 11/10/05)

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, and reaffirmed 2004.

     (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 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)) October 26, 1999.

     (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 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 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 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, ((2004)) 2005.

     (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 U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), § 480-120-999, filed 10/10/05, effective 11/10/05. 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.]

OTS-8919.1


AMENDATORY SECTION(Amending Docket No. A-021178 and TO-030288, General Order No. R-522, filed 8/5/05, effective 9/5/05)

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

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

     (r) WAC ((480-120-311)) 480-120-399 (Access charge and universal service reporting);

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

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

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

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

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

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

     (((y))) (x) 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 (((y))) (x) of this subsection or may waive any regulatory requirement not included in (a) through (((y))) (x) 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, and 81.04.160. 05-17-026 (Docket No. A-021178 and TO-030288, General Order No. R-522), § 480-121-063, filed 8/5/05, effective 9/5/05. 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-8911.1


AMENDATORY SECTION(Amending General Order R-510, Docket No. A-010648, filed 11/24/03, effective 1/1/04)

WAC 480-04-100   Copying and service charges.   The commission will provide copies of public records upon request.

     (1) The commission may charge a published fee for copying public records, if you request copies. The commission may, by order, within the requirements of RCW 42.17.300, establish and change prices and establish the maximum number of various kinds of copies that will be provided without charge.

     (2) The commission's schedule of charges for copies, except as provided in WAC 480-07-145 (3)(b), is published in Administrative Policy ((1.60c)) 5.1c, which is available from the commission's web site or by contacting the commission's records center. Out-of-state customers and governmental agencies are not charged sales tax.

     (3) WAC 480-07-145 (3)(b) fixes the charge for copies when a party to an adjudicative proceeding fails to file the number of copies required to meet the commission's internal distribution needs.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-04-100, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 80.01.040, 80.04.160 and 81.04.160. 98-02-011 (Order R-446, Docket No. A-970591), § 480-04-100, filed 12/29/97, effective 1/29/98. Statutory Authority: RCW 80.01.040. 91-07-025 (Order R-340, Docket No. A-900424), § 480-04-100, filed 3/14/91, effective 4/14/91. Statutory Authority: RCW 80.01.040 (1) and (4). 81-06-061 (Order R-157, Cause No. TV-1429), § 480-04-100, filed 3/4/81. Statutory Authority: RCW 42.17.300. 78-02-020 (Order R-112), § 480-04-100, filed 1/11/78; Order R-43, § 480-04-100, filed 4/5/73.]

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