The Public Records Act, chapter 42.56 RCW, requires state agencies to make available for inspection and copying nonexempt public records in accordance with published rules. The sections in this chapter establish the procedures the Washington utilities and transportation commission will follow to provide full access to public records.

(1) "Identifiable public record" is a public record that exists at the time the commission receives the request for public records and that commission staff can reasonably locate.

(2) "Public record" includes any writing (((defined in subsection (5) of this section) prepared, owned, used, or retained by the commission, which contains)) containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the commission regardless of physical form or characteristics.

(((2))) (3) "Public records officer" means the official responsible for the commission's compliance with the Public Records Act, chapter ((42.17)) 42.56 RCW, and for the implementation of this chapter. The commission's secretary is designated as its public records officer. The secretary may designate one or more persons to assist in the implementation and application of this ((rule)) chapter, and "public records officer" as used in this chapter includes such persons.

(((3))) (4) "Secretary," also referred to as "executive secretary," means the secretary of the commission appointed pursuant to RCW 80.01.030. Unless otherwise restricted, the term "secretary" also refers to the acting secretary and to the secretary's designee.

(((4))) (5) "Washington utilities and transportation commission," also referred to in this chapter as "the commission," is the ((commission appointed by the governor under RCW 80.01.010)) agency established in Titles 80 and 81 RCW to regulate the rates, services, facilities, and practices of persons engaging in this state in the business of supplying any utility service or commodity, or of the transportation of persons or property, to the public for compensation. Where appropriate, the term "commission" also refers to the staff and employees of the Washington utilities and transportation commission.

(((5))) (6) "Writing" ((means any information (e.g., words, numbers, symbols, images, and sounds) recorded in any media (e.g., handwritten, typewritten, printed, electronic, photographic, and video and audio recording), as defined in RCW 42.17.020(42).

(6) The word "you," or "your," when used in this chapter, refers to a person who requests access to public records)) is any means of recording any form of communication or representation as provided in RCW 42.56.010(4).

((The)) Any person may obtain information about the commission or request access to its public records by contacting the commission using the contact information provided in WAC 480-07-125. That information ((included in this section)) is current at the time of rule adoption((,)) but may change. Current information and additional contact information are available on the commission's ((internet)) web site, in person at the commission's offices, or by ((telephone call to)) calling the commission's main public telephone number.

((Anyone who wishes to obtain general information concerning topics within)) Many of the commission's ((jurisdiction may find such information)) public records are publicly accessible on the commission's ((internet site or may contact the commission by letter, telephone, or email, as described in this section. The commission will route all inquiries to staff who can best respond to the inquiry.

(3) Telephone requests for information may be made by contacting)) web site. Such documents include, but are not limited to, commission orders and notices, party filings in commission adjudications, regulated company filings, and documents containing general information about the commission, the industries and companies the commission regulates, and consumer assistance. Persons seeking commission documents should view the documents available on the commission's web site prior to submitting a public records request. Persons who need help finding such information may contact the commission's records center((, or by call to)) by calling the commission's general telephone number or sending an email to records@utc.wa.gov.

(1) All of the commission's public records are available for inspection and copying unless the public record is exempt from disclosure under chapter ((42.17)) 42.56 RCW (the Public Records Act)((,)) or protected from disclosure under RCW 80.04.095 or 81.77.210 (records that contain valuable commercial information), WAC 480-07-160 (Confidential information), a protective order the commission enters pursuant to WAC 480-07-420 (Discovery—Protective orders), or ((under)) other provision of law. Except as provided in RCW ((42.17.260(6))) 42.56.070(8), the commission will not give, sell, or provide access to lists of individuals if the information is requested for commercial purposes.

(2) The commission will promptly respond to requests for inspection and copying of public records as provided in this chapter.

(3) Public records are available for inspection and copying during the commission's customary office hours ((which are from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding official state holidays as defined in RCW 1.16.050 (legal holidays and legislatively recognized days))) specified in WAC 480-07-120.

((The commission will publish and index its significant adjudicative decisions; declaratory orders; interpretive statements; and policy statements.)) (1) Content. The commission will ((publish)) maintain and make available to the public ((its adjudicative orders that resolve contested issues or which it believes will be of interest or significance, its)) an index of the following:

(b) Declaratory orders((, its)) the commission has entered after June 30, 1990, that contain an analysis or decision of substantial importance to the agency in carrying out its duties; and

(c) Interpretive and policy statements((, and its policy statements)) the commission has issued since June 30, 1990.

(2) Availability. The commission will publish ((these documents)) the index by the means it deems best suited to achieve broad availability, consistent with staff resources and technology((, including distribution of paper copies, electronic mail, and internet web site posting. The commission will contemporaneously publish a summary of the decisions, orders, and statements.

(3) The commission will make paper copies of its indices available for sale at the commission's estimated actual cost of reproduction and distribution)). The documents contained in the index will also be included in the searchable document library on the commission's public web site.

(1) ((Many requests for public records can be handled quickly and informally without the need for a formal written request. You may ask orally, in person, or by telephone to look at a document, or get a copy of a document. You may also ask informally in writing, by letter or electronic mail. Requests may be made by electronic mail to the commission records center. Commission staff will advise you if a formal written request, as described in subsection (4) of this section, is required.

(4) If you need to make a formal written request for information, you may use a "public records request" form provided by the commission or you may write a letter that)) Definition. Except for requests for assistance to review or obtain documents on the commission's web site, any request for identifiable public records is a request for public records to which the commission must respond in compliance with the Public Records Act. Requests for public records do not include:

(b) Other writing. A person who is unable or elects not to use the commission's Online Records Request Form may submit a letter or email to the records center. Such a request should contain((s)) the information listed ((below. If you want to use the form, you can get a copy at the commission's internet site or office, or you can ask to have it sent to you.

(5) Formal written requests must)) in subsection (3) of this section.

(3) Needed information. Any request for public records should include the following information that the commission needs to respond to the request:

(a) ((Your)) The requester's name, physical address, email address, and telephone number((.));

(b) The date on which ((you submit your request.)) the requester submits the request;

(c) The identity of any individual, business, or other organization for whom ((you are)) the requester is making the request, if not only for ((yourself)) the requester personally((.));

(d) A clear ((indication, such as a document heading or title that you are)) statement that the requester is requesting public records((, to help make sure that the request is handled properly.

(e) Whether you));

(e) An election of whether the requester wants to inspect the public records ((or get)), obtain copies, or both((.));

(f) A clear description of the identifiable public records ((you want so that commission staff can find the records. If you know how the public records are described in the index maintained by the commission, provide that description to assist the commission to identify the public records you want to review.)) the requester is requesting; and

(g) A statement of whether ((you are making the request in order to obtain)) the requester is requesting a list of individuals to be used for any commercial purposes.

(((6) Commission staff will make a reasonable effort to assist in identifying and providing all public records that you request.

(7) The commission may waive the need for a completed form when doing so supports the commission's administrative convenience and is not inconsistent with legal requirements or public policies.)) (4) Requester's failure or refusal to provide information. The public records officer will identify any information the commission needs that a requester has not included in a request for public records and will work with the requester to provide that information. If a requester refuses to provide his or her identity or sufficient other information, the commission will respond to the request to the extent feasible and consistent with applicable law.

(1) Tracking. Upon receiving a request for public records, the public records officer will ((promptly notify you if your request is found to be incomplete, and will tell you what the problem is.)) assign it a tracking number and log it into the commission's public records request tracking system.

(2) Task assignment. Unless the request clearly seeks only documents that are contained in the commission's records center, the public records officer will ((assist you to complete or correct your request. Notifying you of a deficiency is not a denial of your request. The public records officer may act on a deficient request to the extent that doing so is reasonable.

(2) Upon receiving a complete request,)) assign the request as a task to commission management personnel:

(5) Exempt or protected information. The public records officer will review the requested records to determine whether ((the record or a portion of it)) any record, in whole or in part, includes information that is exempt from disclosure under the Public Records Act, chapter ((42.17)) 42.56 RCW, or protected from disclosure under RCW 80.04.095 or 81.77.210 (records that contain valuable commercial information), WAC 480-07-160 (Confidential and other restricted information), a protective order the commission enters pursuant to WAC 480-07-420 (Discovery—Protective orders), or ((under)) another provision of law.

(((3))) (a) Exempt information. The commission will ((delete identifying details from a)) redact from the public records ((to protect the personal privacy interests as provided by law when it makes the record available or publishes it. The commission will explain the reasons for any such deletion.

(6) If you)) it makes available for inspection and copying any information that is exempt from disclosure under the Public Records Act or any other applicable law. The public records officer will provide the requester with a withholding log that identifies the specific exemption applicable to each redaction and briefly explains how the exemption applies. Except as otherwise provided in this section, the public records officer will make available for inspection and copying all records and portions of records that are not exempt from public disclosure.

(b) Information designated as confidential. The following process will apply if the requester requests a public record that contains information that has been designated as confidential under RCW 80.04.095, 81.77.210, or WAC 480-07-160((, or a protective order, and you have not specifically asked to be provided with confidential information,)).

(i) The public records officer will ((tell you that material)) inform the requester that information in one or more public records that are responsive to the request has been designated as confidential, ((and ask whether you)) will offer to provide a version of the document from which that information has been redacted, and will ask if the requester wants the confidential information((, before processing your request.

(7) If the public records officer denies your public records request in whole or in part, the public records officer will provide you a written explanation of the basis for the denial. If you want to contest the denial, you may request a review under WAC 480-04-120)).

(e) the date of the final disposition of the request.

The commission will charge to provide copies of public records ((upon request.

(1) The commission may charge a published fee for copying public records, if you request copies. The commission may, by order, within the requirements of RCW 42.17.300, establish and change prices and establish the maximum number of various kinds of copies that will be provided without charge)) as provided in this section.

To timely implement a fee schedule consistent with the Public Records Act, it is more cost efficient and expeditious and in the public interest for the commission to adopt the legislature's approved fees and costs for most of the commission's records, as authorized in RCW 42.56.120 and as published in the commission's fee schedule.

(2) Fee schedule. The ((commission's)) commission publishes its schedule of copying charges ((for copies, except as provided in WAC 480-07-145 (3)(b), is published)) in Administrative Policy 5.1c, which is available ((from)) on the commission's web site or by contacting the commission's records center. ((Out-of-state customers and governmental agencies are not charged sales tax.

(3) WAC 480-07-145 (3)(b) fixes the charge for copies when a party to an adjudicative proceeding fails to file the number of copies required to meet the commission's internal distribution needs.)) The commission does not charge sales tax on copies it makes at its own facilities.

(1) If the commission ((does not disclose)) denies a request for a public record ((that you have requested and you)) and the requester disagrees with the denial, ((you)) the requester may ask the public records officer, in writing, for a review of the denial. ((Your)) The written request for review must describe or enclose the public records officer's written statement that explains the reasons for the denial((, as provided in WAC 480-04-095(5))).

(2) ((You)) The requester may hand deliver, or have a courier deliver, ((your)) the written request for review in person at the commission's administrative office or ((you)) the requester may send it by mail or ((electronic mail)) email.

(3) The ((public records officer)) commission will promptly ((review your)) consider the written request((. The public records officer may personally reconsider the denial decision, or may refer the request to the commission for review.

(4))) for review. The public records officer's ((initial)) denial becomes final unless the commission modifies the decision within two business days after the commission receives ((your)) the request for review unless the requester and the commission agree to a longer commission review period. The commission, however, ((still)) may modify a denial decision at a later time. Once the public records officer's initial denial decision becomes final ((or is modified by the commission, you)), the requester may seek judicial review under RCW ((42.17.340)) 42.56.550, or the requester may request that the Washington attorney general review any claims of exemptions pursuant to RCW 42.56.530.

(1) Only commission staff may copy public documents unless the public records officer decides that copying by others will not disrupt commission business operations or pose any risk to the integrity and safety of the documents.

(2) No person may take any public record from the area the public records officer designates for public inspection of public records unless expressly authorized to do so by the public records officer((.

(3) When a member of the public asks to examine an entire file or group of public records, as distinguished from specific public records that can be individually identified and made available, the commission may take a reasonable time to inspect the file or group of public records to remove any material designated as confidential and any information protected from disclosure by chapter 42.17 RCW, or other provision of law)). No person may disassemble or alter any document the commission allows that person to inspect.