S-1480               _______________________________________________

                                                   SENATE BILL NO. 4117

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senator Williams

Read first time 2/8/85 and referred to Committee on Energy and Utilities.

AN ACT Relating to the disposition of the franchises, properties, or facilities of an electric company; and adding a new section to chapter 80.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 80.12 RCW to read as follows:

          (1) Prior to the issuance of an order under RCW 80.12.020 authorizing an electric company to dispose of the whole or significant parts of its franchises, property, or facilities or merge or consolidate the whole or significant parts of its franchises, properties, or facilities, the utilities and transportation commission shall determine if sufficient public interest exists to assume possession of the franchises, properties, or facilities by the:

          (a) Formation of a joint operating agency under chapter 43.52 RCW;

          (b) Formation of one or more public utility districts under chapter 54.08 RCW;

          (c) Formation of one or more municipal electric utilities under chapter 35.92 RCW; or

          (d) Purchase of an existing joint operating agency, public utility district, or municipal electric utility.

          (2) Sufficient public interest under subsection (1) of this section shall be established by submission to the commission of:

          (a) A petition signed by one percent of the customers served by the property or franchise under consideration;

          (b) A petition signed by one percent of the registered voters in the affected area; or

          (c) A statement of a legislative body of a political subdivision representing the affected area.

          (3) Demonstration of sufficient public interest under subsection (2) of this section shall be submitted to the commission within forty-five days from the commission's receipt of the application for authorization of an order under RCW 80.12.020.

          (4) If sufficient public interest is demonstrated under subsection (2) of this section, the commission shall withhold   authorization of an order under RCW 80.12.020 for a sufficient time to allow completion of the actions described in subsection (1) (a) through (d) of this section.  If the actions are not diligently initiated or diligently pursued, the commission may issue the authorization.