WSR 98-22-110
PROPOSED RULES
UTILITIES AND TRANSPORTATION
COMMISSION
[Commission Docket No. UR-980080--Filed November 4, 1998, 11:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-06-050.
Title of Rule: Low-level radioactive waste disposal site rule revision.
Purpose: To implement the requirements of Executive Order 97-02, requiring agencies to review significant rules for need; effectiveness and efficiency; clarity; intent and statutory authority; cost and fairness. This review also includes reviewing the rules to determine whether or not the current rules are providing the results that they were originally intended to achieve and whether the rules are consistent with the appropriate policies and laws.
Statutory Authority for Adoption: RCW 80.01.040, 80.04.160.
Summary: See Explanation of Rule below.
Name of Agency Personnel Responsible for Drafting: Sondra Walsh, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1286; Implementation and Enforcement: Carole J. Washburn, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.
Name of Proponent: Washington Utilities and Transportation Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules address how the Washington Utilities and Transportation Commission regulates the rates of low-level radioactive waste site operators. This review is undertaken to comply with Executive Order 97-02. The order requires agencies to review their rules for clarity, intent and statutory authority, need, effectiveness and efficiency, coordination, cost and fairness. This proposal would redraft the rules to promote clarity and reader understanding, eliminate rules that are no longer needed, add rules that were policies and rewrites the rules in a clear and concise manner. Minor substantive changes are proposed to simplify rules.
Proposal does not change existing rules. These proposed substantive changes to the text include the following:
(1) Deleting the definition of "initial rate proceeding" as it is unneeded, (2) adding to the definition of low-level radioactive waste "naturally occurring or accelerator produced radioactive material (Norm)", (3) expanding consumer elements to require customer notice, (4) changing the time for annual reporting to be consistent with the payment of regulatory fees for increased efficiencies, and (5) change semiannual reporting to implement amendment to RCW 81.108.050(3).
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will have no fiscal impact on the regulated company or the industry.
RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies, and this rule change is not a significant legislative rule as defined therein.
Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on December 9, 1998, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Pat Valentine by December 7, 1998, TDD (360) 586-8203, or (360) 664-1133.
Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504 or e-mail to <records@wutc.wa.gov>, fax (360) 586-1150, by November 24, 1998. Please include Docket No. UR-980080 in your communication.
Date of Intended Adoption: December 9, 1998.
November 4, 1998
Gloria Papiez
for Carole J. Washburn
Secretary
OTS-2592.1
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-011 Application of this chapter. (((1))) The
rules in this chapter ((shall)) apply to any ((company operating
as a)) low-level radioactive waste site operating company, as
defined ((as such by the laws of)) in RCW 81.04.010, operating
within the state of Washington, ((and which)) that is ((subject
to the jurisdiction of the commission)) not exempt from
commission regulation under RCW 81.108.100 and 81.108.110.
(((2) Upon proper showing of any site operator, the
commission may waive or modify the provisions of any section
herein except when such provisions are fixed by statute.
Application for the waiver or modification of any of the rules
and regulations of the commission shall be made in accordance
with the following instructions.
(a) Application should be directed to the Washington
Utilities and Transportation Commission, 1300 S. Evergreen Park
Drive SW, PO Box 47250, Olympia WA 98504-7250, and should be
typewritten on paper 8 1/2 by 11 inches in size.
(b) Reference must be made in a separate paragraph to each
section for which modification or waiver is requested, and a full
explanation given as to the reasons why such waiver or
modification is desired.))
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-011, filed 1/10/92, effective 2/10/92.]
NEW SECTION
WAC 480-92-016 Waiver. (1) The commission may grant a waiver of any rule in this chapter when doing so is consistent with the public interest, the purposes underlying regulation, and sound public policy, and is not inconsistent with applicable statutes.
(2) To request a rule waiver, a site operator must file a written request with the commission identifying the rule for which a waiver is sought, and giving a full explanation of the reason for requesting the waiver.
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AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-021 Definitions. The definitions contained in
chapter 81.108 RCW and RCW 81.04.010 are incorporated ((herein))
by ((this)) reference in this section. To the extent that any of
the definitions in this chapter differ from statutory
definitions, the statutory definitions shall control.
"Commission" means the Washington utilities and transportation commission.
"Effective rate" means the highest permissible rate, for the disposal of low-level radioactive waste, calculated as the lowest contract rate plus an administrative fee, if applicable, determined pursuant to RCW 81.108.040.
"Extraordinary volume" means volumes of low-level radioactive waste delivered to a site caused by nonrecurring events, outside normal operations of a generator, that are in excess of twenty thousand cubic feet or twenty percent of the preceding year's total volume at such site, whichever is less.
"Extraordinary volume adjustment" means a mechanism that
allocates the potential rate reduction benefits of an
extraordinary volume ((between)) among all generators and the
generator responsible for such extraordinary volume as described
in RCW 81.108.070.
"Generator" means a person, partnership, association,
corporation, or any other entity ((whatsoever)) that, as a part
of its activities, produces low-level radioactive waste.
"Inflation adjustment" means a mechanism that adjusts the maximum disposal rate by a percentage equal to the change in price levels in the preceding period, as measured by a common, verifiable price index as determined in RCW 81.108.040.
(("Initial rate proceeding" means the proceeding described
in RCW 81.108.040.))
"Low-level radioactive waste" means waste material ((which))
that contains radioactive nuclides emitting primarily beta or
gamma radiation, or both, in concentrations or quantities
((which)) that exceed applicable federal or state standards for
unrestricted release. Low-level waste does not include waste
containing more than ten nanocuries of transuranic contaminants
per gram of material, nor spent reactor fuel, nor material
classified as either high-level waste or waste which is unsuited
for disposal by near-surface burial under any applicable federal
regulations nor naturally occurring or accelerator produced
radioactive material.
"Maximum disposal rate" ((means)) the maximum disposal is
the rate ((described)) a site operator may charge generators as
provided in RCW 81.108.050.
"Site" means a location, structure, or property used or to be used for the storage, treatment, or disposal of low-level radioactive waste for compensation within the state of Washington.
"Site operator" means a low-level radioactive waste site operating company, which includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing a low-level radioactive waste disposal site or sites located within the state of Washington.
"Volume adjustment" means a mechanism that adjusts the maximum disposal rate in response to material changes in volumes of waste deposited at the site during the preceding period so as to provide a level of total revenues sufficient to recover the costs to operate and maintain the site.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-021, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-031 ((Accounts--Uniform system adopted--))
Customer records. (((1) Each site operator shall conform its
accounting system to the "Uniform System of Accounts for Low
Level Disposal Site Operators" dated January 1, 1992. A copy of
that document is available at the headquarters office of the
commission and shall be available from the commission upon
request.
(2) Each site operator shall maintain complete records of
the disposal service provided to each customer, showing for each
and every customer the amount billed, the type of service
provided, the dollar amounts collected and the balance due. Each
site operator shall maintain customer records in such a way that
the service and the rates and charges are easily identifiable in
accordance with rates set for the site operator. Records must be
kept on file at the office of the site operator at the disposal
site, and in any other place as may be approved by the
commission, for a period of at least three years.)) A site
operator must maintain, at a minimum, the following records, by
generator, at the disposal site for at least three years:
Customer name and address;
Type of service provided;
Current rates;
Billed amount;
Amount collected; and
Balance due.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-031, filed 1/10/92, effective 2/10/92.]
NEW SECTION
WAC 480-92-041 Uniform system of accounts. Pursuant to RCW 81.108.030(4) commission staff may require a site operator to use a uniform system of accounts to ensure that the commission can effectively audit the company's operations.
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AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-050 ((Semiannual)) Annual report((s)). ((Each
site operator shall file semiannual reports reporting the results
of operations for the site. These reports shall cover the period
from January through June and from July through December.
Reports shall be filed on forms provided by the commission, and
submitted no later than sixty days after the end of the period
for which the report is submitted. The first such report shall
cover the period from July to December 1992.)) The commission
will distribute an annual report form to site operators each
year. The site operator must complete the form, file it with the
commission, and pay regulatory fees for the preceding calendar
year by May 1.
A site operator may request in writing prior to May 1, an extension of time to file its annual report, stating the reasons for the request and the extension date. The commission will not grant extensions for payment of regulatory fees.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-050, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-060 ((Initial rate filing--Form--Notice.))
Minimum filing requirements. (((1) No later than March 1, 1992,
site operators shall file a request with the commission to
establish an initial maximum disposal rate. The request shall be
in the form of a petition. An original and twenty copies shall
be filed with the commission.
(2) The petition shall set out the proposed maximum disposal
rate; the proposed inflation, volume, and extraordinary volume
adjustments; the proposed administrative fee for small volumes
pursuant to RCW 81.108.040(5); and a proposed method for
determining the cost to receive and handle extraordinary volumes
of waste pursuant to RCW 81.108.070(1).
(3) The filing shall include, at a minimum, testimony,
exhibits, work papers, summaries, annual reports, cost studies,
proposed tariffs, and any other information necessary to
determine a maximum disposal rate and to support the proposed
rates, fees, adjustments, and costs.
(4) Within five days after filing the request with the
commission, the site operator shall notify all customers who ship
or deliver waste to the site that a request has been filed with
the commission. Notice shall be mailed to any customer who has
paid for disposal of waste at the site within three years prior
to the filing of the request. The notice shall include a
statement of the site operator's proposed maximum disposal rate
and shall include the address of the commission, with a statement
that more detailed information may be obtained by writing to the
commission.
(5) Hearings before the commission on the rates, charges,
and methods contained in the petition shall be conducted in
accordance with chapter 480-09 WAC.
(6) Once approved, the maximum disposal fee shall become the
highest disposal fee the site operator may charge customers.))
(1) When a site operator files for a general rate increase, it
must follow the minimum filing requirements set forth in WAC 480-09-300 through 480-09-330.
(2) A site operator filing a request with the commission for a general rate increase must concurrently notify all generators who have disposed of low-level radioactive waste in the three years prior to the request for the proposed rate increases or service changes. The notice must include at minimum; a clear, brief explanation the generators can easily understand of the proposed rates, conditions and changes; the requested effective date; the commission's address, with a statement that generators may obtain more detailed information by writing to the commission; and a phone number for generators to call a company representative if they have questions.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-060, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-070 ((Semiannual adjustments to maximum disposal
fee--Filing--Notice.)) Annual rate adjustment. (1) ((After
January 1, 1993,)) A site operator((s)) may file each year for
((adjustments to the maximum disposal fee for reasons set forth
in RCW 81.108.050(3). Inflation and volume adjustments must be
filed to become effective in January or July and must allow for
thirty days from the date of filing to become effective.)) rate
adjustments, as set forth in RCW 81.108.050(3), to become
effective January 1 of the following year. Rate adjustments will
be effective thirty days after filing with the commission, unless
suspended. Upon proper request the commission may allow filings
to become effective in less than thirty days.
(2) A site operator may also file for rate adjustments ((to
the maximum disposal fee)) at any time for reasons set forth in
RCW 81.108.050(4).
(((3) In all filings for a change in the maximum disposal
fee, the site operator shall provide its customers with notice of
the filing as required for the initial rate filing under this
chapter.))
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-070, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-080 Contracts. (1) Contract rates - Generally.
A site operator may contract with any person to provide a
((contract)) disposal rate lower than the ((maximum disposal))
current tariff rate. ((Each such contract shall be filed with
the commission not less than thirty days prior to the proposed
effective date of the contract, and shall become effective
according to its terms the thirty-first day from the date of its
filing unless earlier approved, suspended, or rejected by the
commission. Upon application and for good cause shown,)) Once
the commission ((may)) approves ((the)) a contract ((as of its
effective date prior to the date that the contract would have
become effective in accordance with this section)), the site
operator may not collect a disposal fee greater than the lowest
contract rate plus an administrative fee.
(2) ((Each contract filed for commission approval shall be
accompanied by such documentation as may be necessary to show
that the contract does not result in discrimination among
customers receiving like and contemporaneous service under
substantially similar circumstances, and provides for the
recovery of all costs associated with the provision of the
service; provided, that discrimination between customers is not
present to the extent a site operator charges small volume
customers an administrative fee determined according to RCW
81.108.040(5). The site operator shall file the following
information in conjunction with each contract submitted for
commission approval:
(a) A statement summarizing the basis of the rate or charge
proposed in the contract and an explanation of the derivation of
the proposed rate or charge;
(b) An explanation of all cost computations involved in
arriving at the derivation of the level of the rate or charge in
the contract; and
(c) A statement indicating the basis for the use of a
contract rather than a filed tariff for the specific service
involved.
(3) All contracts shall be for a stated time period. The
commission may approve terms and conditions which prescribe the
rate or rates to be applied during the time period, if such rates
are found to be appropriate. Unless otherwise provided by the
commission, such approval shall not be determinative with respect
to the expenses and revenues of the site operator for subsequent
ratemaking considerations.
(4) Every contract filed shall contain the provision that it
is made subject to the power and authority of the commission to
fix, alter, and amend just, fair, and reasonable classifications,
rules and regulations, and rates for low-level radioactive waste
disposal site operators.)) Contract requirements. A contract
between a site operator and a generator must be limited to a
definite time period.
A contract between a site operator and a generator must contain a provision that the contract is entered into subject to the power and authority of the commission to set just, fair, reasonable and sufficient rates for the disposal of low-level radioactive waste. The contract must provide for recovery of all costs associated with providing the service.
(3) Approval by the commission.
(a) The commission may approve the terms and conditions of a contract, and the rate or rates to be applied during the time period, if it finds the rates to be fair, just, reasonable and sufficient. The commission may not include revenues and expenses generated and incurred under contract for subsequent ratemaking purposes.
(b) Each contract must be filed with the commission at least thirty days before the proposed effective date of the contract. Contracts will become effective on the thirty-first day after filing with the commission unless:
(i) The site operator request, and the commission allows, for the contract to become effective in less than thirty days;
(ii) The commission rejects the contract; or
(iii) The commission suspends the contract and sets the matter for hearing.
(4) Information to support approval of a contract. A site operator must submit the following information with each contract filed for commission approval:
(a) A statement explaining the use of a contract rather than a filed tariff for the specific service involved;
(b) All documents and calculations showing how the site operator derived the proposed rate;
(c) All documents showing that the contract does not discriminate, or result in discrimination, among customers receiving like and contemporaneous service under substantially similar circumstances; and
(d) Any other information requested by the commission.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-080, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-090 ((Complaint procedures.)) Site operator
responsibility for complaints and disputes. (((1) Complaints
against a site operator shall be made by letter to the
commission. The complainant shall send a copy of the complaint
to the site operator by registered mail.
(2) A complaint shall include the dates of acts or omissions
complained against, the relevant statutes or rules, and other
information essential to disposition of the complaint.
(3) The commission encourages alternate forms of dispute
resolution to resolve disputes between the site operator and any
other person. In order to resolve disputes informally, the
voluntary settlement procedures of WAC 480-09-465 may be used to
resolve complaints brought before the commission.)) (1) If a site
operator receives complaints or disputes regarding its
operations, it must:
(a) Acknowledge the complaint;
(b) Investigate promptly;
(c) Report the results of the investigation to the complainant;
(d) Take corrective action, if warranted, as soon as appropriate under the circumstances;
(e) Tell the complainant the decision may be appealed to a higher level representative of the company, if any;
(f) Tell the complainant, if still dissatisfied after speaking with the higher level representative, of the commission's availability to review the complaint; and
(g) Provide the complainant with the commission's address and toll-free telephone number.
(2) Complainants may file with the commission:
(a) An informal complaint against a site operator as set forth in WAC 480-09-150; and/or
(b) A formal complaint against a site operator as set forth in RCW 81.108.080 and chapter 480-09 WAC.
(3) When commission staff refers an informal complaint to a site operator, the operator must:
(a) Investigate and respond to commission staff within two working days. Commission staff may grant an extension of time for responding to the complaint, if requested, and warranted; and
(b) Report regularly to commission staff about progress toward the solution and the final result.
(4) A site operator must keep a record of all complaints concerning service or rates for at least one year and, on request, make them readily available for commission review. The record must contain:
(a) The complainant's name and address;
(b) The date and nature of the complaint;
(c) The action taken; and
(d) The final result.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-090, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-100 Tariffs. (1) ((Every)) A site operator
((shall)) must file with the commission((, and post at the
company's main office at the disposal site, its)) a tariff
showing all rates ((and charges, including all accessorial
charges,)) for the disposal of low-level radioactive waste. The
site operator must post the tariff at their office at the
disposal site.
(2) ((Two copies of all such tariffs shall be transmitted to
the commission with a letter of transmittal in duplicate.
(3) Tariffs shall be typed or printed on 8 1/2 by 11 inch
paper and shall be paginated. A margin of not less than five-eighths of an inch must be left on all four sides for binding.
(4) Tariffs shall consist of at least)) The tariff must
include the following:
(a) A title page ((which identifies)) with the ((name of
the)) company ((issuing the tariff)) name, date of issue ((and
date)), effective date, and name((,)) and title ((and street
address)) of ((tariff publishing)) the officer ((by whom the
tariff or supplement is issued)).
(b) ((A general rules section that contains all rules and
regulations governing how and in what manner rates and charges
shall be assessed by the company.
(c) A section that names all rates and charges that shall be
assessed by the company.
(d) A page listing all abbreviations and symbols used in the
tariff, and containing an explanation of said abbreviations and
symbols.)) Pages containing all rates and the rules for assessing
rates.
(c) A page listing the abbreviations and symbols used in the tariff, and an explanation of each abbreviation and symbol.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-100, filed 1/10/92, effective 2/10/92.]
AMENDATORY SECTION (Amending Order R-366, Docket No. T-910676, filed 1/10/92, effective 2/10/92)
WAC 480-92-110 Penalty assessments. ((In addition to all
other penalties provided by law, every site operator and every
officer, agent, or employee of every such company who violates or
procures, aids, or abets in the violation of any law, rule,
regulation, or commission decision applicable to such company
shall incur a penalty of up to one thousand dollars for every
such violation. Each and every such violation shall be a
separate and distinct offense, and in the case of a continuing
violation every day's continuance shall be deemed to be a
separate and distinct violation.)) Pursuant to RCW 81.108.030
(4)(d) and chapter 81.04 RCW, the commission may assess penalties
of up to one thousand dollars for each violation per occurrence
if a site operator violates any provisions of Title 81 RCW,
commission rule, or decision.
[Statutory Authority: RCW 80.01.040 and 1991 c 272. 92-03-050 (Order R-366, Docket No. T-910676), § 480-92-110, filed 1/10/92, effective 2/10/92.]