WSR 08-18-090

PREPROPOSAL STATEMENT OF INQUIRY

ENERGY FACILITY SITE

EVALUATION COUNCIL

[ Filed September 3, 2008, 11:38 a.m. ]

Subject of Possible Rule Making: Chapter 463-10 WAC, add new definition. Chapter 463-43 WAC, update to reflect statute changes. Chapter 463-58 WAC, update to include the energy facility site evaluation council (EFSEC) monetary charges for electrical transmission facilities, clarify responsibility for financial services, and a citation correction. Chapter 463-60 WAC, add requirement to include information regarding carbon dioxide, greenhouse gas, and electrical transmission facilities in applications for site certification. Chapter 463-62 WAC, citation correction.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040(1).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Although EFSEC has adopted rules on carbon dioxide (chapter 463-80 WAC), greenhouse gases (chapter 463-85 WAC), and will be adopting new rules for electrical transmission facilities (proposed chapter 463-61 WAC), it has not integrated or updated some of its other rules relating to these subjects regarding definitions, EFSEC review costs, and information to be supplied in applications for site certification. EFSEC's rule on expedited processing of applications for site certification rules have not been changed to reflect the 2006 changes to RCW 80.50.075 and changes to the criteria for granting requests for this process. Some WAC citations need to be corrected.

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 changes and corrections will be drafted by EFSEC and its staff. Discussions will be held at EFSEC monthly meetings, notices will be sent to those who have requested notification of rule-making activities and the public will have the opportunity to comment on the proposed rule. At least one public hearing will be held and the proposed rule changes will be posted on the agency web site and provided to interested parties upon request.

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 43172, Olympia, WA 98504-3172, phone (360) 956-2152, fax (360) 956-2158, allenf@cted.wa.gov; or accessing the EFSEC web site http://efsec.wa.gov/.

September 3, 2008

Allen J. Fiksdal

Manager

Washington State Code Reviser's Office