When the commission enters a final order that authorizes or requires a party to make a subsequent filing to implement general instructions in that order (e.g., the submission of tariffs other than revisions to the tariffs that initiated the proceeding), the filing initiates a new proceeding to which the commission will assign a new docket number.
(1) Filing and service requirements.
(a) In the cover letter accompanying a subsequent filing, the party must request a new docket and identify the order and the docket in which the commission required the subsequent filing.
(b) A subsequent filing that includes tariff sheets must comply with all pertinent requirements for tariff filings of the industry, including the required statutory notice period, unless the commission authorizes the subsequent filing to become effective on less than statutory notice.
(c) A person who makes a subsequent filing must serve a copy of the filing on all parties to the proceeding in which the commission entered the final order authorizing or requiring the filing. Any party that believes the subsequent filing is not in compliance with the commission's final order in that proceeding must file its objection in both the original and new dockets within ten days of the service date of the subsequent filing unless the commission establishes a different deadline.
(2) Timing. A final order that authorizes or requires a subsequent filing may state the date by which the party must make the subsequent filing. If the final order does not specify a date for the subsequent filing, the commission may establish the date by subsequent order, notice, or letter.
(3) Commission action. The commission generally will act on a subsequent filing that includes tariff sheets in the same manner that it would act on an original tariff filing of the industry, subject to any additional requirements in the final order that authorized or required that filing. If a party to the original proceeding objects to the subsequent filing as not in compliance with the final order in that proceeding, the commission also may take additional action in that docket.
[Statutory Authority: RCW
80.01.040 and
80.04.160. WSR 18-18-041 (Docket A-130355, General Order R-592), § 480-07-885, filed 8/29/18, effective 9/29/18; WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-885, filed 11/24/03, effective 1/1/04.]