WSR 98-23-047

PREPROPOSAL STATEMENT OF INQUIRY

ENERGY FACILITY SITE

EVALUATION COUNCIL

[Filed November 13, 1998, 1:07 p.m.]

Subject of Possible Rule Making: Pursuant to Executive Order 97-02, the Energy Facility Site Evaluation Council (EFSEC) is reviewing its rules regarding the amendment and/or termination of a site certification agreement (SCA) against the criteria established in the order. This includes its rules involving site restoration. Specifically, the rules under review are chapter 463-36 WAC, WAC 463-42-655, 463-42-665, 463-42-680, and 463-54-080.

The purpose of the existing rules is to establish a process for the amendment and/or termination of an SCA and to inform certificate holders about these procedures.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040(a) gives EFSEC the power to make rules to carry out its duties under the chapter, including ensuring that site certification agreements remain updated and enforceable.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments change the terms and/or conditions of an SCA, which are written to protect the welfare of the citizens of Washington and its environment. Rules establishing a procedure for amendment and/or termination (1) provide fairness, consistency, and predictability for certificate holders, (2) provide guidance to council members and staff, and (3) protect public health, safety, and welfare (including the environment).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: For minor amendments to an SCA, the council has sole authority. For more significant amendments, the council makes a recommendation to the governor, who may approve or reject the proposed amendment.

Process for Developing New Rule: The council's review of this rule will result in a decision about whether the rules should be amended, repealed, or left "as is."

The council will consider the recommendation of its staff and written public comments received in response to this "preproposal statement of inquiry" in reaching its decision. If the council decides to amend the rules, it will schedule a meeting to receive additional public comment.

Public comments may include the following:

Evaluation of whether the existing rule meets the criteria in Executive Order 97-02 (need, effectiveness/efficiency, clarity, statutory authority, coordination with other agencies, cost, fairness to regulated community).

Suggestions for changes to this rule, including a clear explanation of why change is necessary, and how the proposed suggestions will address this need.

Your name and address if you wish to receive notice of further council action regarding this rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication.

Comments regarding this preproposal statement of inquiry should be addressed to Sarah Blocki, P.O. Box 43172, Olympia, WA 98504, fax (360) 956-2158, e-mail sarahb@ep.cted.wa.gov.

Information regarding the council's rules review may be found on the council's website, www.efsec.wa.gov.

For additional information, please contact Allen Fiksdal, EFSEC Manager, (360) 956-2152.

November 9, 1998

Allen J. Fiksdal

EFSEC Manager