WSR 02-07-041

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Filed March 13, 2002, 12:39 p.m. ]

Supplemental Notice to WSR 01-22-110.

Preproposal statement of inquiry was filed as WSR 00-02-010.

Title of Rule: (1) Registration, petitions for competitive classification, and initial price list requirements (WAC 480-121-020). This supplemental proposal to the original proposal (WSR 01-22-110) would consider deletion of the requirement of a signed declaration/certification of the accuracy of the filing, WAC 480-121-020 (2)(d).

(2) Waiver of regulatory requirements for competitively classified telecommunications companies (WAC 480-121-063). This supplemental proposal to the original proposal (WSR 01-22-110) would consider amendment of WAC 480-121-063 (1)(m) relating to waivers of sections of chapter 480-80 WAC, Tariffs, price lists, and contracts, to eliminate the waiver of WAC 480-80-010 through 480-80-031.

Purpose: Deleting WAC 480-121-020 (2)(d) from the original proposal would facilitate electronic filings.

Eliminating the waiver of WAC 480-80-010 through 480-80-031 from the original proposal outlined in WAC 480-121-063 (1)(m) would capture all rules pertaining to the registration, competitive classification, and initial price lists of telecommunications companies.

Other Identifying Information: Docket No. UT-991922.

Statutory Authority for Adoption: RCW 80.01.040 and 80.04.160.

Summary: See Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting: Teri Wallace, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-4891; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1174.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: This supplemental proposal carves out two rules from the original proposal filed under WSR 01-22-110. This proposal would delete WAC 480-121-020 (2)(d) and amend WAC 480-121-063 (1)(m).

The initial proposal in WAC 480-121-020 (2)(d) would require a signed declaration/certification of the accuracy of the filing. Elimination of the signed declaration/certification will have no impact on the commission's surveillance of the registration, competitive classification, and initial price lists filed by a telecommunications company. This proposal would facilitate electronic filings.

The initial proposal in WAC 480-121-063 (1)(m) would waive regulatory requirements for competitively classified telecommunications companies in chapter 480-80 WAC, Tariffs, price lists, and contracts. The initial proposal inadvertently waived rules set forth in WAC 480-80-010 through 480-80-031 that are essential for competitively classified companies. This proposal would capture all rules pertaining to the registration, competitive classification, and initial price lists of telecommunications companies.

Proposal Changes the Following Existing Rules: Existing rules require a signed declaration/certification of the accuracy of the filing. WAC 480-121-010. This proposal would eliminate this requirement.

The original proposal puts waivers of regulatory requirements for competitively classified telecommunications companies into rule. Historically, waivers of regulatory requirements for competitively classified telecommunications companies had been accomplished through commission orders. This proposal clarifies the original proposal as to which regulatory requirements in chapter 480-80 WAC are considered waived.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Because there will not be any increase in cost resulting from these proposed rules, a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules as referenced in RCW 34.05.328(5).

Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on April 24, 2002, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Mary DeYoung by Monday, April 22, 2002, TDD (360) 586-8203, or (360) 664-1133.

Submit Written Comments to: Secretary, Docket No. UT-991922, Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, fax (360) 586-1150, by April 10, 2002.

Date of Intended Adoption: April 24, 2002.

March 13, 2002

Carole J. Washburn

Secretary

OTS-5545.1


AMENDATORY SECTION(Amending Order R-464, filed 6/15/99, effective 7/16/99)

WAC 480-121-020   Requirements for applications for registration ((applications)), ((competitive classification)) petitions for competitive classification, and initial price lists.   (1) Applications for registration ((must:

(a) Be in the form prescribed by the commission;

(b) Comply with the rules set forth in chapter 480-120 WAC; and

(c) Be accompanied by the applicant's current balance sheet, latest annual report, if any, and a description of the telecommunications service it intends to offer)) and petitions for competitive classification must be in the form prescribed by the commission.

(2) ((Petitions for competitive classification must meet the requirements of WAC 480-120-023)) Applications for registration:

(a) Must be filed with a petition for competitive classification and an initial price list;

(b) Must comply with the rules set forth in chapters 480-80 and 480-120 WAC;

(c) Must be filed at the office of the commission in Olympia, Washington; and

(d) Will be assigned a docket number. All documents subsequently filed in the matter must bear that docket number.

(3) ((Price lists must meet the requirements of WAC 480-120-027.)) The commission may require, with or without hearing, that an applicant for registration clearly show:

(a) Adequate financial resources to provide the proposed service;

(b) Adequate technical competence to provide the proposed service; and

(c) Compliance with all applicable federal, state, and local telecommunications technical and business regulations.

(4) ((As a condition to registration, with or without hearing,)) The commission may ((require)) request that an applicant ((clearly show that:

(a) The applicant possesses adequate financial resources to provide the proposed service;

(b) The applicant possesses adequate technical competence to provide the proposed service;

(c) The applicant is in compliance with all applicable federal, state and local telecommunications technical and business regulations.

(5) The commission may request an applicant to provide information regarding the applicant's regulatory performance in other states in which it operates.

(6) Applicants intending to collect customer prepayments must meet the requirements of WAC 480-120-058.

(7) Applicants collecting customer deposits pursuant to WAC 480-120-056 may be required to procure a bond or establish a federally insured interest-bearing trust account)) provide information regarding the applicant's regulatory performance in other states where it operates.

[Statutory Authority: RCW 80.01.040. 99-13-097 (Order R-464, Docket No. UT-980083), 480-121-020, filed 6/15/99, effective 7/16/99. Statutory Authority: RCW 80.01.040. 85-20-002 (Order R-237, Cause No. U-85-43), 480-121-020, filed 9/19/85.]


AMENDATORY SECTION(Amending Docket No. U-991301, General Order No. R-481, filed 4/4/01, effective 5/5/01)

WAC 480-121-063   ((Waiver of)) Regulatory requirements that may be waived for ((competitive)) competitively classified telecommunications companies.   (1) The commission may waive ((in writing)) regulatory requirements for ((competitive)) telecommunications companies that it has classified as competitive if it ((is determined)) determines that competition with the regulatory waiver will serve the same purposes as public interest regulation.

(2) ((Any telecommunications company seeking competitive classification shall include as part of its petition for classification any requests for waivers of regulatory requirements. Requests for waiver not included in a classification petition shall be granted or denied in writing. The commission reserves the right to set any such request for hearing at its discretion. Any request for waiver of regulatory requirements must include a statement as to how competition will serve the same purposes as public interest regulation.

(3))) By order, the commission may revoke waivers of regulatory requirements ((in the same manner in which they were granted)) if ((such)) it determines that revocation ((would)) is necessary to protect the public interest.

(3) Unless otherwise determined by commission order, the following regulatory requirements are waived for competitively classified companies:

(a) RCW 80.04.300 (Budgets to be filed by companies -- Supplementary budgets);

(b) RCW 80.04.310 (Commission's control over expenditures);

(c) RCW 80.04.320 (Budget rules);

(d) RCW 80.04.330 (Effect of unauthorized expenditure -- Emergencies);

(e) RCW 80.04.360 (Earnings in excess of reasonable rate -- Consideration in fixing rates);

(f) RCW 80.04.460 (Investigation of accidents);

(g) RCW 80.04.520 (Approval of lease of utility facilities);

(h) RCW 80.36.100 (Tariff schedules to be filed and open to public);

(i) RCW 80.36.110 (Tariff changes -- Statutory notice -- Exception);

(j) Chapter 80.08 RCW (Securities) (except RCW 80.08.140, State not obligated);

(k) Chapter 80.12 RCW (Transfers of property);

(l) Chapter 80.16 RCW (Affiliated interests);

(m) WAC 480-80-101 (Tariff requirements) through WAC 480-80-143 (Special contracts for gas, electric, and water companies);

(n) Chapter 480-140 WAC (Commission general -- Budgets);

(o) Chapter 480-143 WAC (Commission general -- Transfers of property);

(p) Chapter 480-146 WAC (Commission general -- Securities, liens, affiliated interests, refunding of notes, lease of utility facilities);

(q) WAC 480-120-031 (Accounting);

(r) WAC 480-120-032 (Expenditures for political or legislative activities);

(s) WAC 480-120-043 (Notice to the public of tariff changes);

(t) WAC 480-120-046 (Service offered);

(u) WAC 480-120-131 (Reports of accidents);

(v) WAC 480-120-541 (Access charges);

(w) WAC 480-120-542 (Collective consideration of Washington intrastate rate, tariff, or service proposals); and

(x) WAC 480-120-544 (Mandatory cost changes for telecommunications companies).

[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), 480-121-063, filed 4/4/01, effective 5/5/01.]

Washington State Code Reviser's Office