WSR 07-19-033

PREPROPOSAL STATEMENT OF INQUIRY

ENERGY FACILITY SITE

EVALUATION COUNCIL

[ Filed September 12, 2007, 10:57 a.m. ]

Subject of Possible Rule Making: This rule making proposes to adopt rules for the siting of electrical transmission facilities. This rule making may modify existing rules and/or adopt new rules and possibly adding a new chapter to TITLE 463 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040(1) and SHB 1037 adopted during the 2007 legislative session.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1037 gives the energy facility site evaluation council (EFSEC) jurisdiction over electrical transmission facilities meeting certain criteria for nominal voltage and corridor location. SHB 1037 also requires EFSEC to develop rules for a preapplication process that provides for negotiation by the applicant with affected local governments under certain land use conditions.

EFSEC will modify existing rules and/or develop new rules that will provide procedures, process, or guidance for preapplication activities, application submittals, application review, and certification of electrical transmission facilities referenced in SHB 1037.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The proposed rule will be drafted by EFSEC and its staff. A small stakeholders group will be consulted throughout this rule making effort. The public will have the opportunity to comment on the proposed rule. At least one public hearing will be held and the proposed rule will be posted on the agency web site and provided to interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allen Fiksdal, EFSEC, P.O. Box 4317200, Olympia, WA 98504-3172, phone (360) 956-2151, fax (360) 956-2158, allenf@cted.wa.gov, or accessing the EFSEC web site http://efsec.wa.gov/.

September 12, 2007

Allen J. Fiksdal

Manager

Washington State Code Reviser's Office