(1) It is the intent of the legislature to exempt from commission regulation thermal energy services provided by thermal energy companies and combined heat and power facilities that are not otherwise regulated under this title. Nothing in this section shall prevent the commission from issuing or enforcing any order affecting combined heat and power facilities owned or operated by an electrical company that are subsidized by a regulated service.
(2) Nothing in this title shall authorize the commission to make or enforce any order affecting rates, tolls, rentals, contracts or charges for service rendered, or the adequacy or sufficiency of the facilities, equipment, instrumentalities, or buildings, or the reasonableness of rules or regulations made, furnished, used, supplied, or in force affecting any thermal energy system owned and operated by any thermal energy company or by a combined heat and power facility engaged in thermal energy services.
(3) For the purposes of this section:
(a) "Thermal energy company" means any private person, company, association, partnership, joint venture, or corporation engaged in or proposing to engage in developing, producing, transmitting, distributing, delivering, furnishing, or selling to or for the public thermal energy services for any beneficial use other than electricity generation;
(b) "Thermal energy system" means any system that provides thermal energy for space heating, space cooling, or process uses from a central plant or combined heat and power facility, and that distributes the thermal energy to two or more buildings through a network of pipes;
(c) "Thermal energy" means heat or cold in the form of steam, heated or chilled water, or any other heated or chilled fluid or gaseous medium; and
(d) "Thermal energy services" means the provision of thermal energy from a thermal energy system and includes such ancillary services as energy audits, metering, billing, maintenance, and repairs related to thermal energy.
Findings—1996 c 33: "(1) The legislature finds:
(a) The Washington utilities and transportation commission has the authority to regulate district heating suppliers on the basis of financial solvency, system design integrity, and reasonableness of contract rates and rate formulas under *chapter
80.62 RCW;
(b) Consumers have competitive alternatives to thermal energy companies for space heating and cooling and ancillary services;
(c) Consumers have recourse against thermal energy companies for unfair business practices under the consumer protection act; and
(d) Technology and marketing opportunities have advanced since the enactment of *chapter
80.62 RCW to make the provision of cooling services, as well as heating services, an economical option for consumers.
(2) The legislature declares that the public health, safety, and welfare does not require the regulation of thermal energy companies by the Washington utilities and transportation commission." [
1996 c 33 § 1.]