Subject of Possible Rule Making: The subject of this inquiry is to consider whether the utilities and transportation commission (UTC) should develop new rules and/or modify existing rules in chapter 480-04 WAC, Public access to information and records, to reflect recodification of the Public Records Act into chapter 42.56 RCW, address additional legislative changes to the Public Records Act, and to improve and clarify the agency's internal processes regarding public records.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040 and 80.04.160.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The UTC is responsible for managing and maintaining public records and responding to requests for access to public records. The current rules in chapter 480-04 WAC require updating to better reflect changes to the governing law and current internal processes.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule:      Agency study; and the commission will ask for initial written comments and conduct such other process as necessary to gather the information necessary to determine whether the existing rules in chapter 480-04 WAC should be supplemented and/or modified.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may file comments with the Executive Director, Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1174, fax (360) 586-1150, web portal at www.utc.wa.gov/e-filing, or through e-mail at records@utc.wa.gov, by 5:00 p.m., Monday, October 25, 2010.

     WRITTEN COMMENTS: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than Monday, October 25, 2010.

     Electronic copies. The commission requests that comments be provided in electronic format to enhance public access, for ease of providing comments, to reduce the need for paper copies, and to facilitate quotations from the comments. Comments may be submitted via the commission's web portal at www.utc.wa.gov/e-filing or by electronic mail to the commission's records center at records@utc.wa.gov. Please include:

     •     The docket number of this proceeding (A-101474).

     •     The commenting party's name.

     •     The title and date of the comment or comments.

     An alternative method for submitting comments may be by mailing/delivering an electronic copy on a 3 1/2 inch, IBM-formatted, high-density disk, in .pdf Adobe Acrobat format or in Word 97 or later. Include all of the information requested above. The commission will post on the commission's web site all comments that are provided in electronic format. The web site is located at http://www.utc.wa.gov/101474. If you are unable to file your comments electronically or to submit them on a disk, the commission will always accept a paper document.

     Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's web site as it becomes available. If you wish to receive further information on this rule making you may (1) call the commission's records center at (360) 664-1234, (2) e-mail the commission at <records@utc.wa.gov>, or (3) mail written comments to the address above to the attention of David W. Danner, executive director and secretary. When contacting the commission, please refer to Docket A-101474 to ensure that you are placed on the appropriate service list. Questions may be addressed to Adam Torem, (360) 664-1138 or e-mail at atorem@utc.wa.gov.

September 22, 2010

David W. Danner

Executive Director

and Secretary

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