WSR 98-06-050

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed February 27, 1998, 1:35 p.m.]

Subject of Possible Rule Making: Rules relating to rate regulation of site operators for the disposal of low-level radioactive waste will be reviewed for content and readability pursuant to Executive Order 97-02, with attention to the rules' need; effectiveness and efficiency; clarity; intent and statutory authority; coordination; cost; and fairness. All provisions currently codified in chapter 480-92 WAC might be affected. The review will include consideration of whether substantive changes or additions are required for rate regulation of the disposal of low-level radioactive waste. Docket No. UR-980080.

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: Executive Order 97-02 requires agencies to review significant rules with attention to the rules' need; effectiveness and efficiency; clarity; intent and statutory authority; coordination; cost; and fairness. This includes review of whether the current rules are providing the results that they were originally intended to achieve and whether the rules are consistent with laws and appropriate and lawful policies.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Departments of Health and Ecology; United States Department of Energy; and United States Department of Environmental Protection Agency. The commission will invite each of those agencies to participate actively in the rule making and will keep those agencies informed of all rule-related activities.

Process for Developing New Rule: Agency study; and the commission will ask for initial written comments, and will provide the opportunity for additional comments. The commission will schedule one or more workshops with representatives of affected constituencies in a manner designed to develop consensus among affected interests regarding any rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1160, FAX (360) 586-1150.

Written Comments: Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rule making may be filed with the commission secretary, referencing Docket No. UR-980080, not later than March 27, 1998. All commenters are asked, but not required, to file an original and ten copies of their written comments. The commission also requests, but does not require, that comments be provided on a 3 1/2 inch IBM formatted high-density disk, in WordPerfect version 5.1, 6.0 or 6.1, labeled with the docket number of this proceeding and the commenter's name and type of software used. The commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. Interested persons may also attend and participate in the workshop described below and in any other workshop that may be scheduled. The commission will provide written notice of any additional preproposal workshops to all commenters and to any other persons specifically asking to receive notice in this rule-making proceeding.

Notice of Workshop: A workshop will be held on June 11, 1998, beginning at 9:30 a.m., in the Commission's Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA. The commission's teleconference bridge line will be available for this workshop. A limited number of teleconference ports are available and will be assigned one to an organization, first come first served. Persons wishing to attend via the teleconference bridge line must contact Mark Halliday at (360) 664-1245 no later than 5:00 p.m., June 9, 1998. Questions may be addressed to Sondra Walsh at (360) 664-1254 or e-mail at sondra@wutc.wa.gov.

to continue receiving notices and information about this rule making--The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. any person who comments will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the Records Center by any one of the following methods: (1) Send a note with your name, address (or a copy of your mailing label), and telephone and FAX numbers referencing Docket No. UR-980080, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and FAX numbers, referencing Docket No. UR-980080, and the words "Please keep me on the mailing list" to records@wutc.wa.gov. Please note that all information in the mailings will be accessible through the commission's Internet website at <http://www.wutc.wa.gov/>. those parties who do not respond may not receive further mailings or information on the rule making.

February 25, 1998

Terrance Stapleton

for Paul Curl