Supplemental Notice to WSR 12-21-138.

     Preproposal statement of inquiry was filed as WSR 12-05-107.

     Title of Rule and Other Identifying Information: Greenhouse gas emission performance standard, the greenhouse gas emission performance standard is the average greenhouse gas emission rate of new combined-cycle natural gas thermal electric generation turbines commercially available and offered for sale by manufacturers and purchased in the United States.

     Hearing Location(s): Washington State Department of Commerce, 1011 Plum Street S.E., Olympia, WA 98504, on February 6, 2013, at 2:00 p.m.

     Date of Intended Adoption: February 14, 2013.

     Submit Written Comments to: Carolee Sharp, P.O. Box 42525, Olympia, WA 98504-2525, e-mail carolee.sharp@commerce.wa.gov, fax (360) 725-3118, by 8:00 a.m., February 7, 2013.

     Assistance for Persons with Disabilities: Contact Carolee Sharp by February 5, 2012 [2013], TTY (360) 586-0772 or (360) 725-3118.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Establish the state greenhouse gas emission performance standard for utility baseload electric generation as nine hundred and seventy pounds per megawatt-hour, the average greenhouse gas emission rate as directed by RCW 80.80.050.

     Reasons Supporting Proposal: This rule making is required by RCW 80.80.050.

     Statutory Authority for Adoption: RCW 80.80.050.

     Statute Being Implemented: RCW 80.80.050.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The Washington state department of commerce finds the average greenhouse gas emission performance standard to be nine hundred and seventy pounds per megawatt-hour. The Washington state department of ecology will be responsible for the implementation and enforcement of the standard.

     The survey required by RCW 80.80.050 is described in the legislative report "Survey of Combined Cycle Combustion Turbine Greenhouse Gas Emission Rates," dated November 2012, and available at the legislature's web site http://apps.leg.wa.gov/reportstothelegislature/. Amendments to the survey, responding to comments received after the notice of proposed rule making WSR 12-21-138, are available on commerce's web site http://www.commerce.wa.gov. A description of commerce's consideration of system reliability and consumer cost under the changed emission performance standard is also available on commerce's web site. Hard copies of all documents may be obtained by contacting Carolee Sharp at carolee.sharp@commerce.wa.gov, (360) 725-3118, or P.O. Box 42525, Olympia, WA 98504-2525.

     Name of Proponent: Washington state department of commerce, governmental.

     Name of Agency Personnel Responsible for Drafting: Greg Nothstein, Department of Commerce, 1011 Plum Street S.E., Olympia, WA 98504-2525, (360) 725-3112; Implementation and Enforcement: Washington State Department of Ecology, 300 Desmond Drive S.E., Lacey, WA 98503, (360) 407-6000.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for this rule making as none of the affected entities are small businesses. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Subsection (5)(a)(i) of RCW 34.05.328 does not require commerce to provide a cost-benefit analysis. Not applicable.

January 2, 2013

Nick Demerice

Director Government Affairs

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