Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-18-087.

     Title of Rule and Other Identifying Information: WAC 480-140-020 relating to who must file budgets. The rule making has been assigned WUTC Docket Nos. UT-051261 and UW-051287.

     Hearing Location(s): Commission Hearing Room 206, 2nd Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on December 6, 2005, at 9:30 a.m.

     Date of Intended Adoption: December 6, 2005.

     Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, e-mail records@wutc.wa.gov, fax (360) 586-1150, by November 23, 2005. Please include Dockets UT-051261 and UW-051287 in your communication.

     Assistance for Persons with Disabilities: Contact Mary DeYoung by Monday, December 5, 2005, TTY (360) 586-8203 or (360) 664-1133.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 480-140-020 (3) and (4) would be deleted to eliminate the requirement that large telecommunications companies and water companies must file annual budgets with the commission.

     Reasons Supporting Proposal: The amendments to WAC 480-140-020 will eliminate an unnecessary regulatory requirement. The requirement that large telecommunications companies and water companies file budget reports is obsolete. The agency can fulfill its responsibility to ensure fair, just, and reasonable rates without this reporting requirement.

     Statutory Authority for Adoption: RCW 80.01.040(4), 80.04.160, and 80.04.320.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington Utilities and Transportation Commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Betty Erdahl, Regulatory Analyst, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1283; Implementation and Enforcement: Carole J. Washburn, Executive Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments to WAC 480-140-020 will not result in or impose an increase in costs. In fact, the proposed amendments to WAC 480-140-020 will decrease costs due to less reporting by telecommunications and water companies. Because there will not be any increase in costs resulting from the proposed rule changes, a small business economic impact statement is not required under RCW 19.85.030(1).

     A cost-benefit analysis is not required under RCW 34.05.328. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

November 1, 2005

Carole J. Washburn

Executive Secretary

OTS-8470.1

AMENDATORY SECTION(Amending Order No. R-466, Docket No. A-990298, filed 11/15/99, effective 12/16/99)

WAC 480-140-020   Who must file.   The following public service companies with annual gross operating revenues exceeding two hundred fifty thousand dollars must file budgets with the commission:

     (1) Gas companies; and

     (2) Electrical companies((;

     (3) Telecommunications companies that serve more than two percent of the access lines in the state of Washington, except those companies classified as competitive by the commission; and

     (4) Water companies that are not required to file water system plans with the department of health in compliance with WAC 246-290-100. Water companies required to file water system plans with the department of health must concurrently file a copy with the commission)).

[Statutory Authority: RCW 80.04.160, 80.01.040 and 80.04.300 through 80.04.330. 99-23-065 (Order No. R-466, Docket No. A-990298), § 480-140-020, filed 11/15/99, effective 12/16/99. Statutory Authority: RCW 80.01.040. 92-02-083 (Order R-363, Docket No. U-911075), § 480-140-020, filed 12/31/91, effective 1/31/92; 91-08-026 (Order R-341, Docket No. U-901099), § 480-140-020, filed 3/28/91, effective 4/28/91. Statutory Authority: RCW 80.01.040 and 80.04.320. 87-01-001 (Order R-269, Cause No. U-86-121), § 480-140-020, filed 12/5/86; Order R-5, § 480-140-020, filed 6/6/69, effective 10/9/69.]