H-683                _______________________________________________

                                                   HOUSE BILL NO. 1192

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Walk, Schmidt, Baugher, Patrick, Todd, Fisch, Meyers, Fisher, Cantwell, K. Wilson, Gallagher and Grant

Read first time 3/4/87 and referred to Committee on Transportation.

AN ACT Relating to the frequency of docket hearings by the utilities and transportation commission; and amending RCW 81.80.150.

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

        Sec. 1.  Section 81.80.150, chapter 14, Laws of 1961 as last amended by section 2, chapter 116, Laws of 1981 and RCW 81.80.150 are each amended to read as follows:

          The commission shall make, fix, construct, compile, promulgate, publish, and distribute tariffs containing compilations of rates, charges, classifications, rules, and regulations to be used by all common carriers.  In compiling such tariffs it shall include within any given tariff compilation such carriers, groups of carriers, commodities, or geographical areas as it determines shall be in the public interest.  Such compilations and publications may be made by the commission by compiling the rates, charges, classifications, rules, and regulations now in effect, and as they may be amended and altered from time to time after notice and hearing, by issuing and distributing revised pages or supplements to such tariffs or reissues thereof in accordance with the orders of the commission:  PROVIDED, That the commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be made permanent only after publication in an applicable tariff for not less than sixty days, and determination by the commission thereafter that the rates, charges or classifications are just, fair, and reasonable:  PROVIDED FURTHER, That temporary rates shall not be made permanent except upon notice and hearing if within sixty days from date of publication, a shipper or common carrier, or representative of either, shall file with the commission a protest alleging such temporary rates to be unjust, unfair, or unreasonable.  For purposes of this proviso, the publication of temporary rates in the tariff shall be deemed adequate public notice.  Nothing herein shall be construed to prevent the commission from proceeding on its own motion, upon notice and hearing, to fix and determine just, fair, and reasonable rates, charges, and classifications.  For the purposes of amending or establishing individual rates, charges, rules, or classifications the commission may set the proposals of carriers, or any changes brought on the commission's own motion, for docket hearing weekly after giving proper notice to interested parties.  Proposals deemed by the commission to require more formal treatment are subject to other provisions of this section.  The proper tariff, or tariffs, applicable to a carrier's operations shall be available to the public at each agency and office of all common carriers operating within this state.  Such compilations and publications shall be sold by the commission for a fee to be determined annually and not to exceed the cost of this service.  Corrections to such publications shall be furnished to all subscribers to tariffs in the form of corrected pages to the tariffs, supplements, or reissues thereof.  In addition to the initial charge for each tariff, the commission shall charge an annual maintenance fee not to exceed the cost of issuing corrections or supplements and mailing them to subscribers:  PROVIDED, That copies may be furnished free to other regulatory bodies and departments of government and to colleges, schools, and libraries.  All copies of the compilations, whether sold or given free, shall be issued and distributed under rules and regulations to be fixed by the commission:  PROVIDED FURTHER, That the commission may by order authorize common carriers to publish and file tariffs with the commission and be governed thereby in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, construct, compile, publish, and distribute tariffs covering such commodities and services.