H-1259              _______________________________________________

                                                   HOUSE BILL NO. 1936

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Nelson and Hankins

Read first time 2/10/89 and referred to Committee on Energy & Utilities.

AN ACT Relating to the burden of proof for reopened proceedings before the utilities and transportation commission; amending RCW 80.04.210 and 81.04.210; and declaring an emergency.

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

        Sec. 1.  Section 80.04.210, chapter 14, Laws of 1961 and RCW 80.04.210 are each amended to read as follows:

          The commission may at any time, upon notice to the public service company affected, and after opportunity to be heard as provided in the case of complaints rescind, alter or amend any order or rule made, issued or promulgated by it, and any order or rule rescinding, altering or amending any prior order or rule shall, when served upon the public service company affected, have the same effect as herein provided for original orders and rules.  The burden of proof in the reopened proceeding shall be on the party having the burden of proof in the original proceeding.

        Sec. 2.  Section 81.04.210, chapter 14, Laws of 1961 and RCW 81.04.210 are each amended to read as follows:

          The commission may at any time, upon notice to the public service company affected, and after opportunity to be heard as provided in the case of complaints rescind, alter or amend any order or rule made, issued or promulgated by it, and any order or rule rescinding, altering or amending any prior order or rule shall, when served upon the public service company affected, have the same effect as herein provided for original orders and rules.  The burden of proof in the reopened proceeding shall be on the party having the burden of proof in the original proceeding.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.