WSR 13-17-117

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 21, 2013, 11:39 a.m.]

Subject of Possible Rule Making: Chapter 194-37 WAC, Energy Independence Act.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 19.285.080(2).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To update rules governing implementation of the Energy Independence Act by qualifying electric utilities other than investor-owned utilities. Potential updates would (a) incorporate the effect of statutory changes to chapter 19.285 RCW since the rules were adopted in 2008; (b) delete outdated or superseded provisions; (c) delete definitions that duplicate or conflict with statutory definitions; (d) correct cross-references; and (e) clarify or correct provisions that no longer reflect current industry practices or have proven unclear in implementation. The Energy Independence Act has been amended by the legislature six times since chapter 194-37 WAC was adopted in 2008: 2009/565, 2012/22, 2012/254, 2013/61, 2013/99, and 2013/158.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The utilities and transportation commission regulates investor-owned utilities, including their compliance with the Energy Independence Act. The state auditor reviews the compliance of municipal utilities and public utility districts with the Energy Independence Act. The Northwest Power Planning Council prepares plans for acquisition of conservation and renewable resources for the region that includes Washington. Commerce will consult with these agencies in developing potential changes to chapter 194-37 WAC.

Process for Developing New Rule: Standard rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Meg O'Leary, P.O. Box 42525, Olympia, WA 98504-2525, meg.oleary@commerce.wa.gov, (360) 725-3121. All rule-making documents and schedules will be posted on the agency web site. Commerce will host stakeholder webinars and meetings seeking input. Likely participants include affected electric utilities, owners and developers of renewable energy projects, public and environmental interest groups, and the agencies listed above. Those interested in providing input may attend meetings or provide information via e-mail or other printed submission.

August 21, 2013

Nick Demerice

Director of

External Relations