PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 01-24-113, filed with the code reviser on December 5, 2001. The commission brings this proceeding pursuant to RCW 80.01.040 and 80.04.180.
2 STATEMENT OF COMPLIANCE: This proceeding complies with the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.05 RCW), the State Register Act (chapter 34.08 RCW), the State Environmental Policy Act of 1971 (chapter 43.21C RCW), and the Regulatory Fairness Act (chapter 19.85 RCW).
3 DATE OF ADOPTION: The commission adopts this rule to be effective June 17, 2002.
4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325 requires that the commission prepare and provide to commenters a concise explanatory statement about an adopted rule. The statement must include the identification of the reasons for adopting the rule, a summary of the comments received regarding the proposed rule, and responses reflecting the commission's consideration of the comments.
5 The commission often includes a discussion of those matters in its rule adoption order. In addition, most rule-making proceedings involve extensive work by commission staff that includes summaries in memoranda of stakeholder comments, commission decisions, and staff recommendations in each of those areas.
6 In this docket, to avoid unnecessary duplication, the commission designates the discussion in this order as its concise explanatory statement, supplemented where not inconsistent by the staff memoranda presented at the adoption hearing and at the open meetings where the commission considered whether to begin a rule making and whether to propose adoption of specific language. Together, the documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.
7 REFERENCE TO AFFECTED RULES: This order repeals the following sections of the Washington Administrative Code: WAC 480-80-035 Price lists, 480-80-040 Tariff, 480-80-041 Tariff, 480-80-045 Filing of banded tariffs, 480-80-050 Copies of tariff to be filed, 480-80-060 Delivery of tariff, 480-80-070 Statutory notice, 480-80-080 Tariff file at principal business office, 480-80-090 Tariff file at designated business offices, 480-80-100 Payment agencies, 480-80-110 Reference to tariff file, 480-80-125 Notice by utility to customers concerning hearing, 480-80-130 Notation of receipt of tariff by agents, 480-80-140 Form of tariff sheets, 480-80-150 Numbering of tariffs, 480-80-160 General arrangement of tariff, 480-80-170 Schedule designation, 480-80-180 Tariff sheet designation, 480-80-190 Numbering plan for sheets, 480-80-200 Title page, 480-80-210 Index page, 480-80-220 Rules and regulations page, 480-80-230 Rate schedule page, 480-80-240 Less than statutory notice, 480-80-250 Adoption notice, 480-80-260 Tariff of acquired utility, 480-80-270 Reference to tariff, 480-80-280 Issuing agent, 480-80-290 Suspension of tariffs, 480-80-300 Rejection of tariffs, 480-80-310 Exceptions, 480-80-320 Discontinuance of service, 480-80-325 Contract for service, 480-80-326 Contract for gas and electric service, 480-80-330 Telecommunications contracts, 480-80-335 Special contracts for electric, water, and natural gas companies, 480-80-340 Forms, 480-80-350 Refiling tariffs, 480-80-360 Standard tariff forms, 480-80-370 Symbols, 480-80-380 Availability of rules, and 480-120-043 Notice to the public of tariff changes.
8 This order amends the following sections of the Washington Administrative Code: WAC 480-80-010 Application of rules, 480-80-020 Additional requirements, 480-80-030 Definitions, 480-90-193 Posting of tariffs for public inspection and review, and 480-100-193 Posting of tariffs for public inspection and review.
9 This order adopts the following sections of the Washington Administrative Code: WAC 480-80-015 Exemptions from rules in chapter 480-80 WAC, 480-80-025 Severability, 480-80-031 Delivery of tariff, price list, and contract filings, 480-80-101 Tariff requirements, 480-80-102 Tariff content, 480-80-103 Tariff format, 480-80-104 Transmittal letter, 480-80-105 Tariff filing instructions, 480-80-112 Banded rate tariff filings, 480-80-121 Tariff changes with statutory notice, 480-80-122 Tariff changes with less than statutory notice, 480-80-123 Tariff changes that do not require statutory notice, 480-80-124 Failure to provide statutory notice, 480-80-131 Withdrawing a tariff filing, 480-80-132 Rejecting tariff changes, 480-80-133 Tariff adoption notice, 480-80-134 Discontinuing a tariffed service or services, 480-80-141 Service contract, 480-80-142 Special contracts for telecommunications companies not classified as competitive, 480-80-143 Special contracts for gas, electric, and water companies, 480-80-201 Use of price lists, 480-80-202 Interpretation and application of price lists, 480-80-203 Transmittal letter, 480-80-204 Price lists format and content, 480-80-205 Effective date of price list filings, 480-80-206 Price list availability to customers, 480-80-241 Filing contracts for services classified as competitive, 480-80-242 Using contracts for services classified as competitive, 480-90-194 Publication of proposed tariff changes to increase charges or restrict access to services, 480-90-195 Notice of tariff changes other than increases in recurring charges and restrictions in access to services, 480-90-197 Adjudicative proceedings where public testimony will be taken, 480-90-198 Notice verification and assistance, 480-90-199 Other customer notice, 480-100-194 Publication of proposed tariff changes to increase charges or restrict access to services, 480-100-195 Notice of tariff changes other than increases in recurring charges and restrictions in access to services, 480-100-197 Adjudicative proceedings where public testimony will be taken, 480-100-198 Notice verification and assistance, 480-100-199 Other customer notice, 480-120-193 Posting of tariffs for public inspection and review, 480-120-194 Publication of proposed tariff changes to increase charges or restrict access to services, 480-120-195 Notice of tariff changes other than increases in recurring charges and restrictions in access to services, 480-120-196 Customer notice requirements -- Competitively classified telecommunications companies or services, 480-120-197 Adjudicative proceedings where public testimony will be taken, 480-120-198 Notice verification and assistance, 480-120-199 Other customer notice, and 480-121-065 Customer notice requirements -- Petition for competitive classification of a service.
10 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on September 17, 1999, at WSR 99-19-086.
11 ADDITIONAL NOTICE AND ACTIVITY PURSUANT TO PREPROPOSAL STATEMENT: The statement advised interested persons that the commission was considering entering a rule making on a comprehensive review of rules relating to tariffs, price lists and contracts filed with the commission by regulated utility companies. The notice indicated all rules codified in chapter 480-80 WAC, as well as tariff related rules codified in other chapters, would be reviewed. The commission also informed persons of the inquiry into this matter by providing notice of the subject and the CR-101 to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3) and by sending notice to all regulated gas, electric, telecommunications and water companies and the commission's list of utility attorneys as well as the commission's list of interested persons of all general and utility related rule makings. The commission posted the relevant rule-making information on its internet web site at www.wutc.wa.gov.
12 Prior to filing its rule proposal, the commission solicited written comments and held workshops relating to the content, location, and public notice of tariff, price list, and contract rules, and the economic impact of proposed rules on small businesses; requested economic impact information via a survey to the affected industries; and asked for written comments relating to the content and location of draft proposed rules.
13 MEETINGS OR WORKSHOPS; ORAL COMMENTS: The commission held eight workshops to address the location and content of rules relating to tariffs, price lists, and contracts; and two workshops to discuss the economic impact of proposed rules on small businesses. The following companies, organizations, municipalities, and individuals attended some or all of the workshops: Association of Communications Enterprises, AT&T Communications of the Pacific Northwest, Inc., Avista Corporation (Avista), Cascade Natural Gas Corporation, CenturyTel of Washington, Inc., City of Bremerton, Eschelon Telecom of Washington, Inc., Electric Lightwave, Inc., Get Wired Services, Gold Tel Corporation, Great West Services, Ltd., GTE Northwest Incorporated and GTE Communications Corporations, Ionex Communications North, Inc., Kalama Telephone Company, McLeodUSA Telecommunication Services, Inc., NEXTLINK Washington, Inc., Northwest Natural Gas (NW Natural), Oak Park Water Company, Inc., PacifiCorp, Pac-West Telecomm, Inc., Public Counsel, Puget Sound Energy (PSE), Qwest Corporation (Qwest), SBC Telecom, Inc., Sprint Corporation, TDS Long Distance Corporation, Tenino Telephone Company, Verizon Northwest Inc. (Verizon), Washington Independent Telephone Association (WITA), Washington Telecommunications Ratepayers Association for Cost-based and Equitable Rates (TRACER), Washington Public Interest Research Group (WashPIRG), Washington Water Service, Whidbey Telephone Company, WKG, and WorldCom, Inc. (WorldCom).
14 All rules were discussed at the workshops. Items of greatest interest included discussions relating to electronic filing, tariffs vs. price lists, public notice requirements, cost standards, and the required formats for tariff and price list filings. Agreement was reached on most issues raised by various stakeholders. Comments on which agreement was not reached are discussed below.
15 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on December 5, 2001, at WSR 01-24-113.1 The commission scheduled this matter for oral comment and adoption under Notice No. WSR 01-24-113 at 1:30 p.m., Wednesday, January 9, 2002 in the Commission's Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.
16 COMMENTERS (WRITTEN COMMENTS): During the rule-making process, the commission called for ten rounds of comments on discussion drafts of rules. Following the notice of proposed rule making (CR-102), the commission received written comments from the following companies, organizations, municipalities, and individuals: AARP of Washington, Affiliated Tribes of the Northwest Indians, Avista, Nakano Association, Landscape Architects, National Federation of Independent Business, Northwest Energy Coalition, NW Natural, PSE, Public Counsel, Qwest, Spokane Neighborhood Action Program, Verizon, WashPIRG, WITA, WorldCom, the Cities of Federal Way, Renton, and Mercer Island and over 230 citizens representing themselves. Agreement was reached on most issues raised by various stakeholders. Comments on which agreement was not reached are discussed below.
17 RULE-MAKING HEARING: The rule proposal was considered for adoption, pursuant to the notice, at a rule-making hearing scheduled during the commission's regularly scheduled open public meeting on January 9, 2002, before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad and Commissioner Patrick J. Oshie.
18 The commission heard oral comments from Fred Ottavelli, Glenn Blackmon, Steven King and Gregory Trautman representing Commission Staff, Matthew Steuerwalt representing Public Counsel, Theresa Jensen and Lisa Anderl representing Qwest, Richard A. Finnigan representing WITA, Judith Endejan representing Verizon, Bruce Folsom representing Avista, and Phillip Popoff representing PSE.
19 SUGGESTIONS FOR CHANGE THAT ARE REJECTED: The following suggested changes were not adopted for the reasons explained below.
20 Proposed Cost Standard
Qwest opposes the cost standard in the following rules:
| - | Banded rate tariff filings, WAC 480-80-112 (1)(b). |
| - | Special contracts for telecommunications companies not classified as competitive, WAC 480-80-142 (7)(b)(iii). |
| - | Price lists format and content, WAC 480-80-204(6). |
| - | Using contracts for services classified as competitive, WAC 480-80-242(4). |
| - | Filing contracts for services classified as competitive, WAC 480-80-241(6). |
22 WAC 480-80-030 Definitions. Verizon comments that the definition of price list should be the same as the definition of tariff. Verizon contends that the proposed definition appears to be an effort to inappropriately deprive price lists of their legal effect. The commission disagrees with Verizon's comments. The commission believes differences in the definition of tariffs and price lists result from differing statutory requirements and treatment (chapter 80.36 RCW), and are justified.
23 WAC 480-80-133 (1) and (5) Tariff adoption notice. Verizon expresses concern that any change in control or ownership of a company would require the company to file an adoption tariff notice. The commission does not share Verizon's concern. Subsection (1) states: A utility must file a tariff notice with the commission when either of the following changes affects an existing tariff. Accordingly, no notice need be filed, under this rule, due to a change in control or ownership if the tariff is not affected.
24 WAC 480-80-142 Special contracts for telecommunications companies not classified as competitive. Verizon proposes that the filing requirements in WAC 480-80-142 (5) and (6) should be fifteen business days. The commission disagrees with Verizon's proposal. The fifteen day provision establishes a deadline for filing certain contracts after they are executed. Verizon's proposal to count only business days would lengthen the deadline by up to an additional week. The current proposal of fifteen days is a reasonable interval.
25 Qwest proposes that the title of WAC 480-80-142 (8)(a), "Nature, characteristics, and quantity of the service provided," be revised to "The quantity and type of service provided." Qwest suggests that information about the nature and characteristics of the service provided may be proprietary information capable of being used by other carriers as competitive intelligence and therefore should not be made public. According to Qwest, a company should be allowed to protect this information. The commission disagrees with Qwest's proposal. A complete description of the service is appropriate in order to understand what is covered by the contract. There is no evidence that disclosing the nature of the service itself causes any competitive harm.
26 WAC 480-80-201 Use of price lists. Verizon objects to the language that subjects the company to full regulation when a company elects to offer a competitive service under a tariff. Instead, Verizon contends that only the service should be subject to full regulation. The commission disagrees with Verizon. The language is appropriate because it treats all companies that are filing both price lists and tariffs comparably. Waivers granted pursuant to RCW 80.36.320 are appropriate only if all services of the company are offered under price lists. Companies that use a mix of price lists and tariffs do not generally receive such waivers, though service-specific waivers may be appropriate in some instances. This rule does not preclude service-specific waivers.
27 WAC 480-80-202(1) Interpretation and application of price lists. Qwest asserts that the commission should either regulate price lists or refrain from regulating any aspect of a price list other than as specified in RCW 80.36.330(4). According to Qwest, the proposed language creates an ambiguity concerning a formal complaint (e.g., the commission cannot resolve a formal customer dispute without a full hearing as provided for in RCW 80.04.110). Qwest proposes the following language: "A price list is not a tariff and is not reviewed or approved by the commission at the time of filing. The commission will, when appropriate, investigate a price list or complain against a price list, in accordance with RCW 80.36.330(4)."
28 The commission does not accept Qwest's proposal. Grounds other than disputes exist for potential investigation of a price list. The commission observes that it is unclear what is meant by a "full hearing," but the use of this term could preclude the use of other dispute resolution processes that would otherwise be available to the commission, companies, and customers.
29 Verizon contends that WAC 480-80-202(1) attempts to make a distinction between a tariff and a price list, attempts to deprive price lists of their legal effect, and attempts to decide disputes in advance. According to Verizon, subsection (1) does not (and cannot) change Washington law, which requires telecommunications companies to charge scheduled rates and which recognizes the filed rate doctrine. Verizon maintains that enacting this subsection would, at best, create confusion. The commission disagrees with Verizon's position that Washington law recognizes the application of the filed rate doctrine to price lists. The commission believes that it is important to recognize the fundamental differences in tariffs and price lists under Washington law. The price list is a binding offer by the company to provide service at the prices, terms, and conditions stated in the price list.
30 WAC 480-80-202(2) Interpretation and application of price lists. Qwest believes the language that construes a conflict or ambiguity in favor of the customer with a rebuttable presumption more accurately belongs in a commission interpretive policy statement rather than codified in a rule. However, if it must be in the rule Qwest asks the commission to add clarifying language that provides that a determination and resolution will be reached through a formal hearing process as reflected in RCW 80.04.110.
31 Qwest suggests that the commission should refrain from taking a hard-and-fast position as part of its rules. Qwest observes that such a position would not allow for those circumstances where the commission may choose to rule differently than the manner specified in the proposed rule. Nor is it necessary for the commission to include this result as part of its rules. According to Qwest, the commission will rule as it deems appropriate and does not require a rule to enable such a disposition. Should the commission decide to retain the proposed language, Qwest proposes the following modification:
(2) Upon investigation and a determination that provisions of a price list are conflicting or ambiguous, after full hearing in accordance with RCW 80.04.110, the commission may construe the conflict or ambiguity in favor of the customer.
32 The commission believes it is appropriate to include the rebuttable presumption language in rule rather than in a policy or interpretive statement because a policy or interpretive statement is advisory only. This rule clearly states the policy of the commission. The reason for the presumption is explained more fully at paragraph 37.
33 The commission agrees that caution is advised when codifying a rule that prescribes a presumption in favor of one party over another. The original proposed rule stated that the presumption would be in favor of the customer and implied the presumption would be made regardless of the evidence. The commission added rebuttable presumption language to ensure that the facts of the case would be fully considered.
34 The commission declines to adopt Qwest's modification to the proposed language. The proposed language recognizes the need to determine whether an ambiguity or conflict exists in any particular circumstance. Establishing this policy eliminates uncertainty for regulated companies and provides incentives to avoid ambiguous or conflicting offers or price list terms. The specific reference to a full hearing and RCW 80.04.110 should not be used, since it inaccurately implies that the commission is allowed to act only through a formal complaint and after a full hearing. Omitting the suggested language does not deprive any company of due process rights to which it would otherwise be entitled.
35 Qwest offered an additional alternative to subsection (2) as follows:
In any commission initiated complaint proceeding under subsection (1), there will be a rebuttable presumption that the conflict or ambiguity should be construed in favor of the customer.
The commission declines this alternative language, as well. Adding the language "In any commission initiated complaint proceeding..." implies that a consumer cannot initiate a complaint.
36 Verizon asserts that the language suggests that all conflicts would be resolved in favor of the customer. Verizon suggests that conflicts should be resolved through a review of the documents and other relevant evidence. According to Verizon, the commission should not adopt a rule to govern every instance regardless of the underlying facts. The commission agrees that particular disputes should be decided based on particular facts, and the proposed language is consistent with that approach.
37 WorldCom contends that WAC 480-80-202(2) is unfair to carriers and is not necessary. WorldCom maintains that this is a matter of customer service which plays a major role in how a competitive company chooses to handle all of its customer concerns, including alleged ambiguities in its price list. The commission observes that the rule provision does not apply to alleged ambiguities; it applies to circumstances in which the commission determines that an ambiguity exists. Telecommunications companies write price lists and make offers to potential customers. Consequently, telecommunications companies are in the best position to ensure that price lists and offers are clear and consistent. The initial responsibility for ambiguities belongs with them. Since the entire provision is dependent on the commission being asked to resolve a conflict or ambiguity, a clear accurate price list will eliminate the need to implement the rule.
38 Qwest objects to the disparate treatment between the detailed format required for tariffs and the more general filing requirements for price lists. Qwest believes regulated companies should be given the same latitude in tariff format and content as competitive providers are given in filing price lists. The commission disagrees with Qwest. The proposed treatment of tariffs and price lists is justified by differing legal requirements for competitive services of companies not classified as competitive (RCW 80.36.330) and services of competitive companies (RCW 80.36.320).
39 WAC 480-80-204 Price lists format and content. Qwest expresses concern with the lack of parity in application of rule requirements for competitively classified services offered under price list or contract with the requirements for services offered by competitively classified companies and in WAC 480-80-204 Price lists format and content. Qwest continues to urge the commission to adopt rules that affect telecommunications companies in a competitively neutral manner. The commission does not share Qwest's concern. The proposed treatment of tariffs and price lists is based on differing legal requirements for competitive services of companies not classified as competitive (RCW 80.36.330) and services of competitive companies (RCW 80.36.320).
40 WAC 480-80-206 Price lists availability to customers. WorldCom objects to the requirement to post price lists on a web site. WorldCom contends that it should be voluntary for competitive companies. The commission disagrees with WorldCom. The availability of information is crucial to the successful operation of a competitive market, because customers cannot make good choices if they do not have good information. Posting of price lists on web sites is a highly efficient method of making information available to customers. It is much less burdensome on companies than requiring companies to provide the price list to each customer.
42 WAC 480-(90, 100, 120)-194 Publication of proposed tariff changes to increase charges or restrict access to services. Public counsel and approximately two hundred thirty other members of the public submitted comments supporting direct notice to customers thirty days in advance of a proposed tariff change. They believe thirty days advance notice is necessary to allow families the opportunity to make changes to their budgets and to participate in the public ratemaking process. The commission has concluded, based on legal advice, that the tariff notice statutes do not give it authority to require individual notice to customers. The commission can allow companies that wish to provide individual notice to use this as a form of publication, and the proposed rule offers this as an option to companies. The fifteen day prior-notice option was added in response to companies seeking to use bill inserts as the means of accomplishing notice. If that is how it is used, then the shortest notice a customer is likely to receive is approximately ten days.
43 PSE contends that the requirement that a direct notice be mailed to customers a minimum of fifteen days prior to the effective date of the proposed revision is impractical. PSE notes that if the company desired to implement the direct notice alternative using bill inserts, the bill inserts would have to begin forty-five days before the effective date of the proposed tariff -- fifteen days before the tariff is even filed. According to PSE, the only "work-around" for this problem would be to use direct mailers to half of its customers. Direct mail notice, however, is prohibitively expensive. Thus, PSE maintains that minimum timing requirement does not represent a reasonable balancing of the public interest and should be rejected. The commission notes that these rules offer companies three different options for notifying customers of tariff changes. The options comply with the statutory requirement of thirty days' notice. The commission observes that PSE's suggested change would not comply with the thirty day statutory requirement. However, if PSE's preferred method of notification is bill inserts, nothing precludes the company from beginning the mailings prior to the filing so all mailings are completed thirty days in advance of the effective date.
44 WAC 480-120-194 (2) and (3) Publication of proposed tariff changes to increase charges or restrict access to services. WITA provided written and oral comments that address the requirement to publish notice of a proposed tariff rate increase in a public newspaper. WITA points out the difficulty in determining in which newspaper a company must publish its notice when a geographic region publishes more than one newspaper, such as in the Vancouver area. WITA asserts that the publishing cost would be too expensive for small telecommunications companies. Consequently, the second and third options are eliminated for small telecommunications companies. WITA requested that "Class B" telecommunications companies be exempted from the publishing requirement.
The commission refers WITA to WAC 480-120-198(2), which addresses notice verification and assistance. That rule provides that the commission's public affairs office will assist any company, upon request, in complying with the public notice requirements. This would include determining which newspaper would be the appropriate choice to publish a proposed tariff rate increase. The final proposal mitigates that requirement to the one newspaper with the largest subscribership in the affected service area. This change would reduce the costs to those companies that choose this method of public notice. Moreover, subsection (3) does not require the company to pay to publish its notice. It merely requires the company to distribute the notice to the news media. The rule offers companies the option of three different ways to provide public notice to its affected customers. It is to be expected that not all methods are the best choice for every company. The commission expects that a company will make its decision about which public notice method to use, based on its internal policies and on cost.
45 WAC 480-(90, 100, 120)-197 Adjudication proceedings where public testimony will be taken. The city of Federal Way comments that it would like to see a minimum of forty-five days notice for formal hearings. The commission observes that, in most instances, giving customers a minimum of forty-five days notice would not create a problem. The time available for most contested cases allows this. The commission has not stated a minimum notice requirement in the rule because it recognizes the occasional need for flexibility to conduct contested cases quickly. The commission believes the way to balance these interests is to determine the appropriate amount of notice in each case during the prehearing conference.
46 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission repealed, adopted and amended the rules in the CR-102 at WSR 01-24-113 with the changes described below.
47 CHANGES FROM PROPOSAL: The commission adopted the proposal with the following changes from the text noticed at WSR 01-24-113.
48 At the request of Verizon, a definition for "Unified Business Identifier Number" is added to WAC 480-80-030.
49 At the request of Qwest, clarifying language is added to WAC 480-80-112 relating to banded rate tariff filings.
50 Language is slightly changed in WAC 480-80-133 relating to the tariff adoption notice to clarify that an adoption notice needs to be filed only when transfer of the operating control or ownership affects the tariff.
51 At the request of Verizon, the word "declaration" is changed to "statement" in WAC 480-90-198, 480-100-198, and 480-120-198 relating to notice verification and assistance.
52 At the request of WITA, the term "noncompetitive telecommunications companies" is removed from the definitions in WAC 480-80-030 and is changed to "telecommunications companies not classified as competitive" throughout the rules in chapter 480-80 WAC.
53 Other nonsubstantive grammar and punctuation changes were made after a final review by the commission.
54 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-80-035, 480-80-040, 480-80-041, 480-80-045, 480-80-050, 480-80-060, 480-80-070, 480-80-080, 480-80-090, 480-80-100, 480-80-110, 480-80-125, 480-80-130, 480-80-140, 480-80-150, 480-80-160, 480-80-170, 480-80-180, 480-80-190, 480-80-200, 480-80-210, 480-80-220, 480-80-230, 480-80-240, 480-80-250, 480-80-260, 480-80-270, 480-80-280, 480-80-290, 480-80-300, 480-80-310, 480-80-320, 480-80-325, 480-80-326, 480-80-330, 480-80-335, 480-80-340, 480-80-350, 480-80-360, 480-80-370, 480-80-380, and 480-120-043 should be repealed.
55 The commission determines that WAC 480-80-010, 480-80-020, 480-80-030, 480-90-193, and 480-100-193 should be amended to read as set forth in Appendix A and Appendix B as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
56 The commission also determines that WAC 480-80-015, 480-80-025, 480-80-031, 480-80-101, 480-80-102, 480-80-103, 480-80-104, 480-80-105, 480-80-112, 480-80-121, 480-80-122, 480-80-123, 480-80-124, 480-80-131, 480-80-132, 480-80-133, 480-80-134, 480-80-141, 480-80-142, 480-80-143, 480-80-201, 480-80-202, 480-80-203, 480-80-204, 480-80-205, 480-80-206, 480-80-241, 480-80-242, 480-90-194, 480-90-195, 480-90-197, 480-90-198, 480-90-199, 480-100-194, 480-100-195, 480-100-197, 480-100-198, 480-100-199, 480-120-193, 480-120-194, 480-120-195, 480-120-196, 480-120-197, 480-120-198, 480-120-199, and 480-121-065 should be adopted to read as set forth in Appendix A and Appendix B as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
1On January 3, 2001, the commission filed a Notice of Proposed Rulemaking (CR-102) with the Office of the Code Reviser under WSR 01-02-102, that would consider moving certain sections of chapter 480-80 WAC to the various industry rules to achieve better organization. The commission adopted the proposal to move rules on April 4, 2001, WSR 01-09-002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 46, Amended 5, Repealed 42.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 46, Amended 5, Repealed 42.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
57 THE COMMISSION ORDERS That:
58 WAC 480-80-035, 480-80-040, 480-80-041, 480-80-045, 480-80-050, 480-80-060, 480-80-070, 480-80-080, 480-80-090, 480-80-100, 480-80-110, 480-80-125, 480-80-130, 480-80-140, 480-80-150, 480-80-160, 480-80-170, 480-80-180, 480-80-190, 480-80-200, 480-80-210, 480-80-220, 480-80-230, 480-80-240, 480-80-250, 480-80-260, 480-80-270, 480-80-280, 480-80-290, 480-80-300, 480-80-310, 480-80-320, 480-80-325, 480-80-326, 480-80-330, 480-80-335, 480-80-340, 480-80-350, 480-80-360, 480-80-370, 480-80-380, and 480-120-043 are repealed;
59 WAC 480-80-010, 480-80-020, 480-80-030, 480-90-193, and 480-100-193 are amended; and
60 WAC 480-80-015, 480-80-025, 480-80-031, 480-80-101, 480-80-102, 480-80-103, 480-80-104, 480-80-105, 480-80-112, 480-80-121, 480-80-122, 480-80-123, 480-80-124, 480-80-131, 480-80-132, 480-80-133, 480-80-134, 480-80-141, 480-80-142, 480-80-143, 480-80-201, 480-80-202, 480-80-203, 480-80-204, 480-80-205, 480-80-206, 480-80-241, 480-80-242, 480-90-194, 480-90-195, 480-90-197, 480-90-198, 480-90-199, 480-100-194, 480-100-195, 480-100-197, 480-100-198, 480-100-199, 480-120-193, 480-120-194, 480-120-195, 480-120-196, 480-120-197, 480-120-198, 480-120-199, and 480-121-065 are adopted to read as set forth in Appendix A and Appendix B as rules of the Washington Utilities and Transportation Commission, to take effect on June 17, 2002.
61 This order and the rule set out below, after being recorded in the register of the Washington Utilities and Transportation Commission, shall be forwarded to the code reviser for filing pursuant to chapters 80.01 and 34.05 RCW and chapter 1-21 WAC.
DATED at Olympia, Washington, this 14th day of May, 2002.
Washington Utilities and Transportation Commission
Marilyn Showalter, Chairwoman
Richard Hemstad, Commissioner
Patrick J. Oshie, Commissioner
OTS-5316.6
I. GENERAL RULES
AMENDATORY SECTION(Amending Docket No. U-991301, General Order
No. R-481, filed 4/4/01, effective 5/5/01)
WAC 480-80-010
Application of rules.
(((1) These rules
shall apply to any public service company, defined as such by the
laws of the state of Washington, as amended, operating a gas,
electric, telecommunications, water or irrigation plant which is
subject to the jurisdiction of the Washington utilities and
transportation commission as to rates and service.
(2) Upon acceptable showing by any utility, the commission may waive or modify, as to that utility, the provisions of any rule herein contained, except when such provisions are fixed by statute.
(3) In no case shall any utility deviate from these rules unless authorized in writing by the commission.
(4) Competitively classified telecommunications companies previously granted exemptions from chapter 480-80 WAC Utilities general -- Tariff are not exempt from WAC 480-80-035 Price lists and WAC 480-80-325 Contract for service. Exemptions from the provisions of chapter 480-80 WAC include only the provisions in effect at the time the exemption was granted.)) (1) The rules in this chapter apply to any public service company that is subject to the jurisdiction of the commission as to rates and services under the provisions of Title 80 RCW.
(2) The tariffs, price lists, and contracts filed by public service companies must conform with these rules. If the commission accepts a tariff, price list, or contract that conflicts with these rules, the acceptance does not constitute a waiver of these rules unless the commission specifically approves the variation consistent with WAC 480-80-015 (Exemptions from rules in chapter 480-80 WAC). Tariffs, price lists, or contracts that conflict with these rules without approval are superseded by these rules.
(3) Any affected person may ask the commission to review the interpretation of these rules by a public service company or customer by posing an informal complaint under WAC 480-09-150 (Informal complaints), or by filing a formal complaint under WAC 480-09-420 (Pleadings and briefs -- Applications for authority -- Protests).
(4) No deviation from these rules is permitted without written authorization by the commission. Violations will be subject to penalties as provided by law.
(5) Any tariff, price list, or contract on file and in effect or pending on the effective date of these rules is not required to be refiled to comply with these rules.
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-80-010, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 80.01.040. 85-20-003 (Order R-238, Cause No. U-85-44), § 480-80-010, filed 9/19/85; Order R-5, § 480-80-010, filed 6/6/69, effective 10/9/69.]
(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for requesting the exemption.
(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other affected persons, of the date of the hearing or open meeting when the commission will consider the request.
(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardship imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purposes of the rule.
(5) The commission will enter an order granting or denying the request or setting it for hearing, pursuant to chapter 480-09 WAC.
(6) Competitive telecommunications companies previously granted exemptions from chapter 480-80 WAC Utilities general -- Tariffs, price lists, and contracts, are not exempt from Part I and Part III of this chapter. Exemptions from the provisions of chapter 480-80 WAC include only the provisions in effect at the time the exemption was granted. This subsection confirms that there is no change in exemptions previously granted to telecommunications companies that have been classified as competitive as a result of:
(a) Moving rules between chapters 480-80 and 480-120 WAC; and
(b) Renumbering sections within chapters 480-80 and 480-120 WAC.
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(2) The commission retains the authority to impose additional or different requirements on any public service company in appropriate circumstances, consistent with the requirements of law.
[Order R-5, § 480-80-020, filed 6/6/69, effective 10/9/69.]
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(2) "Commission," when used in these rules, means the Washington utilities and transportation commission.
(3) "Tariff," as used in these rules, shall mean the complete tariff or any portion thereof containing those rate schedules and rules and regulations relating to charges and service which is regularly established under and in accordance with these rules and regulations relating to charges and service which is regularly established under and in accordance with these rules and regulations and the applicable statutes and which is applied to specific groups of customers within any particular territory but shall exclude special contracts for special rates, service and facilities.
(4) "Banded tariff," as used in these rules means a tariff filed by a telecommunications company in which at least one element of the rate schedule (WAC 480-80-230) is a band consisting of a maximum and minimum rate within which the rate may vary.
(5) "Number," "numbers," "numbered" and "numbering," when used in these rules, means either a letter of the alphabet or a numeral unless otherwise specifically indicated.)) The definitions in this section apply throughout the chapter unless the context clearly requires otherwise:
"Advice number" means a number assigned by the applicant to a tariff filing or contract filing for internal tracking purposes.
"Banded rate" means a rate that has a minimum and maximum rate.
"Commission" means the Washington utilities and transportation commission.
"Competitive telecommunications company" means a telecommunications company that has been classified as competitive by the commission pursuant to RCW 80.36.310.
"Fax" means the transmittal of electronic signals over telephone lines for conversion into written text.
"Price list" means a telecommunications company's standard offer to the general public or to other telecommunications companies of one or more intrastate telecommunications services that the commission has determined to be subject to effective competition.
"Public service company" means every gas company, electric company, telecommunications company, water company, or irrigation plant that is subject to the jurisdiction of the commission as to rates and service.
"RCW" means the Revised Code of Washington.
"Tariff" is a document that sets forth terms and conditions of regulated service, including rates, charges, tolls, rentals, rules, and equipment and facilities, and the manner in which rates and charges are assessed for regulated services provided to customers, and rules and conditions associated with offering service.
"Unified Business Identifier (UBI) number" means the standard nine-digit sequential number issued by Washington state and used by all state agencies to uniquely identify a business entity. The department of licensing, department of revenue, and secretary of state's office are authorized to issue UBI numbers.
"Utility" means every public service company that has not been classified as competitive by the commission.
"WAC" means the Washington Administrative Code.
[Statutory Authority: RCW 80.01.040. 85-20-003 (Order R-238, Cause No. U-85-44), § 480-80-030, filed 9/19/85; Order R-5, § 480-80-030, filed 6/6/69, effective 10/9/69.]
(2) In person or by mail.
(a) In order to be deemed received on a given day, the commission records center must receive an original and two copies of the filing(s) and a transmittal letter by 5:00 p.m., Pacific time.
(b) A filing delivered by mail must be free from all charges for postage. The commission records center will return any postage-due filing to the sender.
(3) Fax filing.
(a) The commission records center must receive an original and two copies of the filing the following business day.
(b) The commission will use the date and time the fax filing is received and printed at the commission records center as the official file date.
(c) The commission records center must receive a faxed filing in its entirety by 5:00 p.m., Pacific time, Monday through Friday, except on state holidays, to be considered received on that business day.
(4) Electronic filing.
(a) An electronic filing must conform to commission procedures for electronic filing.
(b) After accepting an electronic filing, the commission records center will return an electronic mail message noting the receipt date.
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II. TARIFFS AND CONTRACTS: UTILITIES(2)(a) A utility that provides more than one kind of service, such as gas, electric, or water, must file a separate tariff for each service type.
(b) Each tariff must have an official designation number, printed as WN U-number. Subsequent tariff designations must be sequentially numbered in ascending order.
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(1) Title page. The first sheet of the tariff must contain the following information:
(a) Tariff number;
(b) The canceled tariff number, when applicable;
(c) The types of services covered by the tariff;
(d) An identification of the territory to which the tariff applies;
(e) Effective date of the sheet; and
(f) The complete name, address, phone number, unified business identifier (UBI) number, and if available, the mail address and web page address of the issuing utility.
(2) Index or table of contents. The second section of the tariff must be updated, when applicable, whenever a tariff sheet is added, revised, or canceled. It must include:
(a) Tariff number;
(b) Name of the utility issuing the tariff;
(c) Effective date of the revised index or table of contents sheet; and
(d) A complete and accurate list of the contents of the tariff.
(3) Legend of symbols. This section must identify all symbols used in the tariff to identify changes resulting from the filing of the specific sheet change. The list must include the required symbols and their meanings, and any other utility-specific symbol with its meaning, consistent with the requirements identified in WAC 480-80-105(4).
(4) Rules section. The rules section sets forth the conditions governing services under the tariff.
(a) The rules section must include the following, when applicable:
(i) Application for service;
(ii) Definition of service;
(iii) Reconnection charge;
(iv) Service connection;
(v) Installation of meters;
(vi) Distribution main or line extension unless specified in a rate schedule;
(vii) Responsibility for, and maintenance of, distribution plant and service lines;
(viii) Access to premises;
(ix) Interruptions to service;
(x) Bills;
(xi) Deposits;
(xii) Delinquent accounts;
(xiii) Discontinuance of service; and
(xiv) The method the utility will use to give notice to its customers of changes within the limits of a banded rate.
(b) Gas companies must also include the requirements set out in:
(i) WAC 480-90-233 (Purchased gas adjustment) (may be included in rules section or rates section);
(ii) WAC 480-90-303 (Heating value of gas); and
(iii) WAC 480-90-343 (Statement of meter test procedures).
(c) Electric companies must also include the requirements set out in WAC 480-100-343 (Statement of meter test procedures).
(d) Rules for specific services may be included in either the rate schedule section or the rules section.
(5) Rate schedule section.
(a) Rate schedule sheets must include the following, when applicable:
(i) Schedule number;
(ii) A title that accurately describes the service;
(iii) Availability;
(iv) The rates to be paid for the service;
(v) Any special terms or conditions associated with the service or the calculation of rates to be paid for the service.
(b) Telecommunications companies not classified as competitive must also provide the following information, when applicable, based upon the type of service offered:
(i) Exchange service rate schedules that include:
(A) Primary rate schedules;
(B) Private branch exchange rate schedules;
(C) Miscellaneous rate schedules; and
(D) Exchange area maps.
(ii) Inter-exchange service rate schedules that include:
(A) Basic rate schedules;
(B) Supplementary rate schedules; and
(C) List of toll points.
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(a) A utility must clearly print or type all tariffs on eight and one-half inch by eleven inch paper, with at least one-half inch margins on each side.
(b) The tariff sheet must include a blank space at least two inches wide and one and one-half inches high in the upper right hand corner of the sheet for commission use.
(c) Tariff sheets filed electronically must meet the requirements set forth in the applicable commission procedures.
(2) Sheet requirements. Each tariff sheet must specify:
(a) The designated tariff number;
(b) The tariff sheet revision number;
(c) The name of the utility issuing the tariff; and
(d) The effective date.
(3) Sheet numbering. Each tariff sheet must have a unique sheet number.
(a) The utility must designate the initial tariff sheet as the "original sheet."
(b) All subsequent revisions must be in sequential order and indicate the cancellation of the superseded sheet as follows:
On the first revision, designate the sheet as:
FIRST (or 1st) REVISION OF SHEET
CANCELING
ORIGINAL SHEET
On the second revision, designate the sheet as:
SECOND (or 2nd) REVISION OF SHEET
CANCELING
FIRST REVISION OF SHEET
(c) Each tariff revision sheet must use consecutive revision
numbers and indicate the cancellation of the superseded sheet.
(d) A utility may reuse revision numbers assigned to sheets that were rejected or withdrawn for subsequent tariff changes.
(e) A utility may not reuse sheet numbers assigned to tariff sheets that are canceled and removed from the tariff during the life of the tariff unless the utility specifies that the sheet is reserved for future use.
(f) A utility may assign sheet numbers to sheets intended for future use.
(4) Authorizing signature.
(a) When the tariff sheets are submitted without a signature, the utility must include a statement in the transmittal letter certifying that the submitting person has authority to issue tariff revisions on behalf of the utility; or
(b) When the tariff sheets are submitted with a signature, such signature constitutes a certification that the person signing the tariff sheet has the authority to issue the tariff sheets on behalf of the utility.
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(1) Identify all new tariffs or contracts, or identify the tariff or contract changes;
(2) Explain in understandable terms why the tariff or contract filing is being submitted;
(3) Specify the changes requested in clear and concise terms and define any acronyms used;
(4) Refer to the commonly used name of the service, the advice number, if known, and the docket number, if applicable;
(5) Include the advice number if the utility uses consecutively numbered advice letters;
(6) Describe the general effect of, and reasons for, tariff or contract filings involving only text changes;
(7) Describe which services are affected, and the dollar amount and percentage of increase or decrease if the filing is a rate change. If a combination of changes is filed (i.e., increases and decreases), each change should be described, as well as the net effect on company revenues; and
(8) If the utility does not include an authorizing signature on the tariff sheets, include a statement certifying that the submitting person has authority to issue tariff revisions on behalf of the utility.
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(a) Comply with statutory notice requirements;
(b) Specify the requested effective date of the tariff sheet;
(c) Include an original and two copies of each tariff sheet unless it is filed electronically; and
(d) Be accompanied by a transmittal letter as set forth in WAC 480-80-104.
(2) Tariff filings must comply with the requirements set forth in chapter 480-09 WAC, where applicable.
(3) The tariff filing must include information sufficient to determine that the proposed tariff is fair, just, and reasonable.
(4) Tariff symbols. Each time a tariff sheet(s) is revised, a utility must code all changes with the tariff symbol that best reflects the purpose and effect of the change. A utility:
(a) Must locate the symbols on the right hand side of the changed text directly across from the change;
(b) Must use the following list of symbols to signify:
D - discontinued rate, service, regulation, or condition;
N - new rate, service, regulation, condition, or sheet;
I - a rate increase;
R - a rate reduction;
C - changed condition or regulation;
K - that material has been transferred to another sheet in the tariff. (A footnote is required on the tariff sheet to identify the material's new sheet number);
M - that material has been transferred from another sheet in the tariff. (A footnote is required on the tariff sheet to identify the material's former sheet number);
T - a change in text for clarification;
O - no change. (This symbol is discretionary unless specifically requested by the commission); and
(c) May use additional symbols for other purposes when it has identified the symbols in its tariff as provided for in WAC 480-80-102(3).
(5) A utility must not give effect to revised tariff sheets until the commission approves the tariff filing by issuing an order or the new or changed provisions become effective by operation of law.
(6) When a tariff sheet(s) becomes effective, the commission will return one copy of the transmittal letter and one copy of each tariff sheet to the utility marked with the receipt date.
(7) The commission may require a utility to refile the tariff in its entirety should circumstances warrant it.
(8) If the commission issues an order directing a utility to refile all or a portion of its tariff, the utility must refile, marking each affected sheet with the docket number.
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(a) There is no material change to the terms and conditions of service contained in the pending tariff sheet. This restriction does not apply to changes made to address commission concerns with the filing;
(b) The change does not increase the rates contained in the pending tariff sheet; or
(c) The change is to make typographical corrections to the pending tariff sheet.
(2) The filing must include a transmittal letter as set forth in WAC 480-80-104. The substitute filing must include the notation "Do Not Redocket."
(3) The commission retains discretion to reject any substitute tariff sheets where doing so is in the public interest.
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(a) A statement supporting the use of a banded rate tariff rather than a tariff with fixed rates;
(b) A verifiable cost-of-service study supporting the contention that the minimum rate in the banded rate tariff covers the cost of the service. Costs will be determined under a long-run incremental cost analysis, including, as part of the incremental cost, the price charged to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method; and
(c) Information detailing the potential effect on revenue of the proposed banded rate tariff range, as well as the effect on revenue of the current or proposed rate.
(2) Gas and electric companies. Gas and electric companies may file banded rate tariffs for any nonresidential gas or electric service that is subject to effective competition from energy suppliers not regulated by the commission. When a gas or electric company files for a banded rate tariff, the filings must, at a minimum, be accompanied with the following:
(a) A statement supporting the use of a banded rate tariff rather than a tariff with fixed rates;
(b) A verifiable cost-of-service study supporting the contention that the minimum rate in the banded rate tariff covers all costs resulting from providing the service and provides a contribution to fixed costs; and
(c) Information detailing the potential effect on revenue of the proposed banded rate tariff range, as well as the effect on revenue of the current or proposed rate.
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(2) The statutory notice period begins on the date the commission receives the tariff filing, in accordance with WAC 480-80-031.
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(a) Utility information:
(i) Name and address of utility;
(ii) Telephone number, e-mail address, and fax number; and
(iii) Name of contact person for the filing.
(b) Tariff identification information:
(i) Number of the tariff being amended;
(ii) Title of the tariff item(s) being amended, if applicable; and
(iii) Number of the tariff sheet being amended.
(c) Concise description of the changes being proposed;
(d) Reason(s) for requesting LSN handling;
(e) Effective date requested; and
(f) If the utility does not include an authorizing signature on the tariff sheets, a statement certifying that the submitting person has authority to issue tariff changes on behalf of the utility.
(2) A utility requesting LSN must file tariff sheets with an effective date that reflects the required statutory notice period.
(3) If the LSN request is granted, the commission will issue an order directing that the tariff sheets be revised to reflect the authorized LSN effective date.
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(2) The filing must include a transmittal letter as set forth in WAC 480-80-104.
(3) Tariff changes that do not require statutory notice include:
(a) Initial tariffs filed by a newly regulated utility;
(b) A filing for a service not previously contained within a regulated utility's existing tariff;
(c) A tariff change that does not affect the public; and
(d) A change in a banded rate when notice to customers has been or will be given in accordance with tariff rules applicable to the service.
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(1) The name and address of the utility;
(2) Docket number;
(3) Advice number, if applicable;
(4) The name of the contact person for the withdrawal;
(5) An explanation of why it is requesting the withdrawal; and
(6) A statement certifying that the submitting person has authority to withdraw the filing on behalf of the utility.
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(a) Transfer of the operating control or ownership; or
(b) Utility name change.
(2) The acquiring utility must file the tariff adoption notice if there is a change in ownership or operating control. The surviving utility must file the tariff adoption notice if there is a name change.
(3) Content of the tariff adoption notice must contain, at a minimum, the following:
| (Name of Utility) adopts and makes its own in every respect all tariffs, supplements and amendments filed with the Washington Utilities and Transportation Commission by (Name of Previous Utility or Prior Name of the Utility) prior to (Date). |
(5) In the event of a change in control or ownership, as described above, the utility adopting the tariff must file to incorporate the adopted tariff in its own tariff within sixty days of the date of the filing of the adoption notice. In the event of a name change the time limit is one year.
(6) Until the utility that adopted a tariff refiles the tariff in its own name, all changes after the adoption must include:
(a) The name of the utility whose tariff was adopted at the top of the sheet; and
(b) The name of the utility that adopted the tariff at the bottom of the sheet.
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(2) If the utility chooses to use service contracts, the utility must provide the commission with samples of the service contracts.
(a) Gas, electric, and water companies must provide the commission with samples of all service contracts currently in use.
(b) Telecommunications companies not classified as competitive must provide the commission with samples of current service contracts within five days after a request by the commission.
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(a) All contracts for retail sale to end-use customers of intrastate telecommunications services not classified as competitive that:
(i) State rates, charges, prices, terms, or conditions that are not consistent with any existing tariff; or
(ii) Provide for telecommunications services not specifically addressed in the existing tariffs.
(b) Any significant modification of a previously executed contract will be treated as a new contract.
(c) A service order made pursuant to a filed contract is not itself a contract or contract amendment and need not be filed with the commission.
(2) Duration. All contracts must be for a stated time period.
(3) Ratemaking disclaimer. Unless otherwise provided by the commission, approval of contracts will not be determinative with respect to the expenses and revenues of the company for subsequent ratemaking considerations.
(4) Types of telecommunications contracts. The following types of telecommunications contracts have special or unique features, effective dates, and requirements:
(a) Federal, state, and local government "firm bid" contracts are governed under subsection (5) of this section.
(b) School, library, and rural health care (RHC) provider contracts entered into pursuant to 47 CFR, Part 54, are governed under subsection (6) of this section.
(c) All other retail contracts are governed under subsection (7) of this section.
| SUMMARY COMPARISON OF THE DIFFERENT TYPES OF RETAIL CONTRACTS |
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| Subsection | Contract Type | When to File | Effective Date |
| (5) | Federal, State, and Local Firm Bid | no later than fifteen days after acceptance | when filed or later as specified |
| (6) | 47 CFR Part 54; Schools, Libraries, and RHCs | no later than fifteen days after acceptance | when filed or later as specified |
| (7) | All other retail contracts | no later than thirty days prior to the proposed effective date | at least thirty days after filing |
(6) School, library, and RHC provider contracts - filing requirements and effective dates. A telecommunications company that enters into a contract to provide service to a school, library, or RHC provider, as part of the federal universal service program, must file the contract with the commission no later than fifteen days after acceptance by the administrator of the federal universal service program. The filing must include the same documentation as required for approval by subsection (7)(b) of this section and, if applicable, subsection (8) of this section. The contract will become effective at the time specified in the contract, but not earlier than when filed with the commission.
(7) All other retail contracts - standard filing requirements and effective dates.
(a) Contracts must be filed with the commission not less than thirty days before the proposed effective date of the contract.
(b) Each application filed for commission approval of a contract must:
(i) Include a complete copy of the proposed contract;
(ii) Show that the contract meets the requirements of RCW 80.36.170 (Prohibiting unreasonable preference) and RCW 80.36.180 (Prohibiting rate discrimination);
(iii) Demonstrate, at a minimum, that the contract charges cover the company's cost of providing the service. Costs will be determined under a long-run incremental cost analysis, including as part of the incremental cost, the price charged by the offering company to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method.
(iv) Summarize the basis of the charge(s) proposed in the contract and explain the derivation of the proposed charge(s) including all cost computations involved; and
(v) Indicate the basis for using a contract rather than a filed tariff for the specific service involved.
(c) Contracts will become effective on the effective date stated on the contract or thirty days after the filing date, whichever occurs later, unless suspended or rejected by the commission. The commission may approve an earlier effective date if requested by the company, in which event the contract shall not become effective on a date that precedes commission approval. A request for an earlier effective date must include a complete explanation of why an earlier effective date is appropriate.
(8) Confidentiality. Filings under this section may be submitted with portions designated "confidential" pursuant to WAC 480-09-015. However, any filing that designates as "confidential" the essential terms and conditions will be rejected by the commission as not in compliance with the public inspection requirement of RCW 80.36.150(1). Essential terms and conditions are:
(a) Nature, characteristics, and quantity of the service provided;
(b) Duration of the contract, including the stated effective date, ending date, and any options to renew;
(c) Charge(s) for service, including minimum charge provisions; and
(d) Geographic location(s), such as exchange or city, where service will be provided.
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(a) State charges or conditions that do not conform to the company's existing tariff; or
(b) Provide for utility services not specifically addressed in the gas, electric, or water company's existing tariffs.
(2) Any significant modification of a previously executed contract will be treated as a new contract for purposes of this section.
(3) Essential terms and conditions of all contracts filed pursuant to this section are considered a part of the gas, electric, or water company's filed tariffs and are subject to enforcement, supervision, regulation, control, and public inspection as such.
(4) Filing and effective dates. The contract will become effective on the effective date stated in the contract or thirty days after the filing date, whichever occurs later, unless suspended or rejected by the commission. The commission may approve an earlier effective date if requested by the company, in which event the contract shall not become effective on a date that precedes commission approval. A request for an earlier effective date must include a complete explanation of why an earlier effective date is appropriate.
(5) Each application filed for commission approval of a contract must:
(a) Include a complete copy of the proposed contract;
(b) Show that the contract meets the requirements of RCW 80.28.090 (Prohibiting unreasonable preference) and RCW 80.28.100 (Prohibiting rate discrimination);
(c) Demonstrate, at a minimum, that the contract charges recover all costs resulting from providing the service during its term, and, in addition, provide a contribution to the gas, electric, or water company's fixed costs;
(d) Summarize the basis of the charge(s) proposed in the contract and explain the derivation of the proposed charge(s) including all cost computations involved; and
(e) Indicate the basis for using a contract rather than a filed tariff for the specific service involved. If the basis for using a contract is the availability of an alternative service provider, identify that provider.
(6) All contracts must be for a stated time period, except for contracts for water line extensions. The commission may approve terms and conditions that prescribe the charge(s) to be applied during the time period, if such charge(s) are found to be appropriate. Unless otherwise provided by the commission, such approval will not be determinative with respect to the expenses and revenues of the utility for subsequent ratemaking considerations.
(7) Filings under this section may be submitted with portions designated "confidential" pursuant to WAC 480-09-015. However, any filing that designates the essential terms and conditions of the contract as "confidential" shall be rejected by the commission as not in compliance with the public inspection requirement of RCW 80.28.050. Essential terms and conditions are:
(a) Identity of the customer;
(b) Nature and characteristics of the service provided, including interruptible, firm, or peak delivery;
(c) Duration of the contract, including any options to renew;
(d) Charge(s) for service, including minimum charge provisions;
(e) Geographic location where service will be provided; and
(f) Additional obligations specified in the contract, if any.
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III. PRICE LISTS AND CONTRACTS: COMPETITIVE COMPANIES AND SERVICES(2) A telecommunications company authorized to file a price list may file a tariff for a service. If a company elects to offer a competitive service by tariff, the company and the service will be subject to all rules and laws applicable to fully regulated services, and any waivers of rule or law otherwise applicable to competitive services or competitive companies will not apply.
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(2) If the commission determines that a telecommunications company's price list or other offer of service is ambiguous or conflicts with other offers, there is a rebuttable presumption that the conflict or ambiguity should be construed in favor of the customer.
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(1) Identify all new price lists or contracts, or identify the price list or contract changes;
(2) Specify the changes requested in clear and concise terms and define any acronyms used;
(3) Describe which services are affected, and the dollar amount and percentage of increase or decrease if the filing is a rate change; and
(4) Describe the general effect of, and reasons for, price list or contract filings involving only text changes.
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(2) A price list must:
(a) Plainly state the places where the offered telecommunications service will be rendered;
(b) Include the effective date clearly marked on each page;
(c) Conform to all applicable laws, rules, and orders. The filing of a nonconforming price list will not be deemed a waiver of the law, rule, or order. A company may not enforce a price list provision that conflicts with a law, rule, or order unless the commission waives that law, rule, or order.
(3) A price list of a competitive telecommunications company may state the rates, charges, or prices as maximum amounts rather than as specific prices.
(4) A price list of a telecommunications company not classified as competitive offering a service classified as competitive under RCW 80.36.330 may state the rates, charges, or prices as maximum and minimum amounts rather than as specific prices. The minimum price must comply with the cost requirement in subsection (6) of this section.
(5) A transmittal letter must accompany a price list change in compliance with the provisions of WAC 480-80-203.
(6) The rates, charges, and prices of services classified as competitive under RCW 80.36.330 must cover the cost of providing the service. Costs must be determined using a long-run incremental cost analysis, including as part of the incremental cost, the price charged by the offering company to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method.
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(a) The effective date stated in the price list;
(b) Ten days after it is filed with the commission, as required by RCW 80.36.320(2) and 80.36.330(2); or
(c) Ten days after any existing customers are provided actual notice of the change in accordance with WAC 480-120-196.
(2) This section does not apply to the filing of initial price lists as a part of an application for registration and competitive classification under chapter 480-121 WAC.
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(2) Each telecommunications company offering service under a price list must provide to any customer making a written or oral request a copy of the price list sheets applicable to that customer's service. The telecommunications company must provide the price list at no charge to the customer. This subsection does not apply if the telecommunications company makes available for public inspection, at a location within the customer's exchange, a complete copy of the price list.
(3) Each telecommunications company offering service under a price list must include in each customer bill or notice:
(a) The Internet address (uniform resource locator) of the website containing its price list; and
(b) The toll-free telephone number to use in requesting price list copies and a statement that there is no charge for the price list copy. If a company is not required by subsection (2) of this section to provide price list copies, it must instead provide the address, telephone number, and business hours of the location within the customer's exchange at which a complete copy of the price list is available for public inspection.
[]
(2) A telecommunications company must file with the commission any contract with an end-user for retail intrastate telecommunications service if the service is not included in its price list or the contract contains prices, terms, or conditions other than those in its price list. A telecommunications company is not required to file a contract with prices below the maximum prices in the price list, as provided for in WAC 480-80-204(3), or within the maximum and minimum prices in the price list, as provided for in WAC 480-80-204(4), if the contract is otherwise consistent with the price list.
(3) Any significant modification to a previously executed contract is a new contract and must be filed as required by this section.
(4) Unless the contract includes a provision allowing the commission to reject it during the first fifteen days after it is filed, any contract required by subsection (2) of this section to be filed with the commission will become effective on the later of (a) its stated effective date or (b) ten days after it is filed with the commission. The deadline for filing a contract that provides for commission rejection within fifteen days of filing is fifteen days after its stated effective date.
(5) A telecommunications company may submit filings under this section with portions designated "confidential" pursuant to WAC 480-09-015. However, the commission will reject any filing that designates as "confidential" the essential terms and conditions of a contract as defined in WAC 480-80-142(8).
(6) A telecommunications company filing a contract for a service classified as competitive under RCW 80.36.330 must provide information demonstrating that the contract prices comply with the cost requirement in WAC 480-80-204(6).
[]
(2) All contracts will be for a stated time period.
(3) A contract will be enforceable by the contracting parties according to its terms even if the telecommunications company fails to file the contract where required by WAC 480-80-241.
(4) Any contract for a service classified as competitive under RCW 80.36.330 must comply with the cost requirement in WAC 480-80-204(6).
(5) A contract must not include both "price listed" and "tariffed" services unless the tariffed services are set forth separately (see WAC 480-80-142).
[]
The following sections of the Washington Administrative Code are repealed:
| WAC 480-80-035 | Price lists. |
| WAC 480-80-040 | Tariff. |
| WAC 480-80-041 | Tariff. |
| WAC 480-80-045 | Filing of banded tariffs. |
| WAC 480-80-050 | Copies of tariff to be filed. |
| WAC 480-80-060 | Delivery of tariff. |
| WAC 480-80-070 | Statutory notice. |
| WAC 480-80-080 | Tariff file at principal business office. |
| WAC 480-80-090 | Tariff file at designated business offices. |
| WAC 480-80-100 | Payment agencies. |
| WAC 480-80-110 | Reference to tariff file. |
| WAC 480-80-125 | Notice by utility to customers concerning hearing. |
| WAC 480-80-130 | Notation of receipt of tariff by agents. |
| WAC 480-80-140 | Form of tariff sheets. |
| WAC 480-80-150 | Numbering of tariffs. |
| WAC 480-80-160 | General arrangement of tariff. |
| WAC 480-80-170 | Schedule designation. |
| WAC 480-80-180 | Tariff sheet designation. |
| WAC 480-80-190 | Numbering plan for sheets. |
| WAC 480-80-200 | Title page. |
| WAC 480-80-210 | Index page. |
| WAC 480-80-220 | Rules and regulations page. |
| WAC 480-80-230 | Rate schedule page. |
| WAC 480-80-240 | Less than statutory notice. |
| WAC 480-80-250 | Adoption notice. |
| WAC 480-80-260 | Tariff of acquired utility. |
| WAC 480-80-270 | Reference to tariff. |
| WAC 480-80-280 | Issuing agent. |
| WAC 480-80-290 | Suspension of tariffs. |
| WAC 480-80-300 | Rejection of tariffs. |
| WAC 480-80-310 | Exceptions. |
| WAC 480-80-320 | Discontinuance of service. |
| WAC 480-80-325 | Contract for service. |
| WAC 480-80-326 | Contract for gas and electric service. |
| WAC 480-80-330 | Telecommunications contracts. |
| WAC 480-80-335 | Special contracts for electric, water, and natural gas companies. |
| WAC 480-80-340 | Forms. |
| WAC 480-80-350 | Refiling tariffs. |
| WAC 480-80-360 | Standard tariff forms. |
| WAC 480-80-370 | Symbols. |
| WAC 480-80-380 | Availability of rules. |
OTS-5317.3
AMENDATORY SECTION(Amending Docket No. U-991301, General Order
No. R-481, filed 4/4/01, effective 5/5/01)
WAC 480-90-193
((Notice to the public of tariff changes.))
Posting of tariffs for public inspection and review.
(((1)
Except as to variations between the prescribed maximum and
minimum rates in banded tariffs previously authorized by the
commission, every utility desiring to change, modify, cancel or
annul any rate, must place on file the tariff containing such
modification or change at its listed business offices in the
territory affected thereby for a period of at least thirty days
prior to the expiration of statutory notice in connection
therewith. A notice, coincident with or immediately prior to the
date of such filing, that such tariff is on file at said offices
shall be posted at the cashier's windows or other places where
the customers pay their bills at the aforesaid offices. Said
posted notice shall give anyone viewing same a brief summary as
to the content of the tariff; state that the tariff is being
submitted to the Washington utilities and transportation
commission at Olympia; indicate the inserted effective date
thereof; and relate that a copy of the tariff is available for
inspection.
(2) If there is no listed business office in the territory to be affected by a tariff proposal subject to this notification but there is a payment agency therein, posted notice with the same content and timing as set forth above shall be employed at each such agency which notice, in addition thereto, shall give the name, address and telephone number of the nearest listed business office responsible for that service area at which such tariff may be examined in person without assigning any reason therefor.
(3) In lieu of the above posted notice, insofar as payment agencies are concerned, the utility may stamp or print on each bill or envelope in which such bill is mailed, enclose therewith or separately mail, with the same content as set forth above with respect to the posted notice in payment agencies and at the earliest practicable date subsequent to filing, a notice to each subscriber to be affected by the tariff proposal. Commencing ninety days or earlier from July 31, 1959, the latter procedure must be followed in those instances where a utility does not have a listed business office or a payment agency in the service area where notice, as set forth above, could otherwise be employed in a service area subject to a tariff proposal falling within this notification procedure.
(4) Whenever the alternative provision is chosen or must be used, the utility shall use such other adequate and appropriate means of notification, on or by the filing date, that will reasonably insure notice to the public of tariff revisions proposed and the effect on the public in the service area or areas involved. Such other notification may include personal contacts, letters or mailing pieces, newspaper articles or advertisements and radio and television announcements.
(5) The commission may require such other notification to the public as may be necessary in any particular case of tariff filing: Provided, That where a tariff or a part of a tariff is filed involving no increase in charges to its patrons; where the users to be affected by a tariff change are so few in number the utility chooses to advise each by direct mail or contact; or where there is no one to be affected by the tariff proposal, the utility may forego posting of notice relative thereto and will not be required to have a copy of the proposed tariff available for inspection.
(6) The inserted effective date, unless otherwise directed, shall be a date not less than thirty days after the date the commission receives the tariff. Also, if the commission permits the tariff to become effective without statutory notice, the period of notice to the public shall still be for at least thirty days after the date the commission receives the tariff.)) Each gas utility offering service under tariff must make available for public inspection and review all tariffs governing its provision of service, as required by RCW 80.28.050. To comply with this requirement, a utility must fulfill the provisions of either subsection (1) or (2) of this section.
(1) Web, telephone, and mail access. The utility must:
(a) Maintain a complete copy of its tariff or tariffs and all proposed tariff changes on an Internet website accessible to the public using generally available browser software;
(b) Provide a toll-free telephone number by which customers and applicants can obtain assistance during normal business hours from a company agent qualified to assist the customer in locating, interpreting, and applying tariff provisions;
(c) Upon written or oral request by any customer or applicant, deliver at no charge a copy of any current, proposed or most recently canceled tariff page that relates to the customer's or applicant's service; and
(d) Include on each customer bill and notice the address of the tariff website and the toll-free telephone number.
(2) Physical access. The utility must make available for public inspection and copying a complete copy of its tariff or tariffs, all most recently canceled tariff sheets, and all proposed tariff changes at one or more offices in each county where it offers service, except: A single office may serve more than one county if the office is within twenty miles of all customers in the county where no tariff is posted. The utility must provide at each office either an agent qualified to assist the customer in locating, interpreting, and applying tariff provisions or access to such an agent by a toll-free telephone number.
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-90-193, filed 4/4/01, effective 5/5/01.]
(1) Thirty-day notice to individual customers. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, mail the posting to each customer that would be affected by the proposed change. The posting must include the information listed in subsection (4) of this section.
(2) Published notice. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, publish notice of the proposed change within the geographical areas where it offers service. To meet minimum publication requirements, a utility must:
(a) Distribute copies of the published notice to community agencies and organizations in the geographic area where the utility offers service for posting and publication by the agency or organization. The utility must include in its distribution list any agency or organization that requests these notices;
(b) Cause to be printed in large print, as a paid advertisement, a complete copy of the published notice in the daily newspaper of general circulation with the greatest number of subscribers in each geographic area or each of the areas affected by the proposed tariff;
(c) Provide to the news editor of every newspaper, television station, and radio station, in the geographic area within which it offers service a news release or public service announcement summarizing the published notice. The release or announcement must include a toll-free number that customers can use to obtain more information from the utility. The commission will maintain a list of area newspapers, television, and radio stations and will provide it on request to any utility; and
(d) Post a complete copy of the published notice on an Internet website accessible to the public using generally available browser software.
(3) Reduced publication with shortened notice to individual customers. To comply under this method, the utility must:
(a) Mail the posting to each customer that would be affected by the proposed change at least fifteen days before the stated effective date of the proposed change;
(b) At the time of the utility's filing with the commission, distribute copies of the published notice in the same manner as provided in subsection (2)(a) of this section;
(c) At the time of the utility's filing with the commission, provide news media notice in the same manner as provided in subsection (2)(c) of this section; and
(d) At the time of the utility's filing with the commission, post a complete copy of the published notice in the same manner as provided in subsection (2)(d) of this section.
(4) Content of postings. The published notice required by this rule must include, when applicable:
(a) The date the notice is issued;
(b) The utility's name and address;
(c) A brief explanation of the reason(s) the utility has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, and increased office expenses, such as postage and customer billing);
(d) A comparison of current and proposed rates by service;
(e) An example showing the monthly increase of the average customer's bill based on the proposed rates (e.g., "based on the proposed rates, a typical gas customer using an average of eighty therms per month would see an average monthly increase of $2.74.");
(f) When the rates will be billed (i.e., monthly or bimonthly);
(g) The requested effective date and, if different, the implementation date;
(h) A statement that the commission has the authority to set final rates that may vary from the utility's request, which may be either higher or lower depending on the results of the investigation;
(i) A description of how customers may contact the utility if they have specific questions or need additional information about the proposal; and
(j) Public involvement language. A utility may choose from:
(i) Commission-suggested language that is available from the commission's designated public affairs officer; or
(ii) Utility-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation of:
(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and
(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.
(5) Optional method of publication for purchase gas adjustment (PGA). A utility that publishes notice of a PGA filing pursuant to this subsection is not required to publish notice of the filing pursuant to subsection (1), (2), or (3) of this section.
(a) The utility must provide notice to affected customers before and after final commission disposition. Notice before commission disposition is to educate customers of a potential increase in natural gas prices. Notice after commission disposition is to inform customers of the new rates.
(b) Prior PGA notice. The notice must:
(i) Clearly define what a PGA is and explain how it works;
(ii) State whether the utility expects an increase or decrease in the upcoming filing; and
(iii) Include a utility contact phone number for additional information.
(c) The utility must mail the notice to each affected customer. The utility must also send the notice or a press release about the increase to every daily paper within its service territory.
(d) A newsletter, bill insert, bill message, or separate mailing to customers is permitted for prior notice.
(e) Customer notice after final commission disposition must be provided pursuant to WAC 480-90-195.
[]
(2) A utility that files a tariff change to increase any charge that a customer may incur without being quoted a rate or price (e.g., late payment fees, insufficient fund charges, or a one-time charge) must provide notice to each affected customer on or with the first bill after the change becomes effective.
(a) At a minimum, the notice must include the effective date, a clear description of changes to rates or services and a utility contact number where customers may seek additional information.
(b) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.
(3) A utility that files a tariff change that decreases rates, including promotions that temporarily waive recurring or nonrecurring charges, or that changes terms or conditions without restricting access to the service, must publish the change in the manner it posts tariffs under WAC 480-90-193.
[]
(2) The notice must include all information contained in WAC 480-90-194(4), except the public involvement information in WAC 480-90-194 (4)(j). A utility must include either of the following public involvement language:
(a) Commission-suggested language that is available from the commission's designated public affairs officer; or
(b) Utility-developed language that must include the commission's mailing address, toll-free number, docket number, and a brief explanation:
(i) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail;
(ii) How to contact the commission for process questions; and
(iii) The date, time and location of the public hearing.
(3) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.
(4) In addition to each affected customer, a utility must notify at least one newspaper of general circulation, and at least one radio station and at least one television station in the area or each of the areas affected.
[]
(a) The methods used to post, publish, and/or give notice to customers;
(b) When and how the notice was posted, published, and/or issued to customers;
(c) How many customers are affected; and
(d) A copy of the notice.
(2) A utility may request assistance from the commission's designated public affairs officer with efforts to comply with WAC 480-90-193 through 480-90-197.
[]
[]
OTS-5318.3
AMENDATORY SECTION(Amending Docket No. U-991301, General Order
No. R-481, filed 4/4/01, effective 5/5/01)
WAC 480-100-193
((Notice to the public of tariff changes.))
Posting of tariffs for public inspection and review.
(((1)
Except as to variations between the prescribed maximum and
minimum rates in banded tariffs previously authorized by the
commission, every utility desiring to change, modify, cancel or
annul any rate, must place on file the tariff containing such
modification or change at its listed business offices in the
territory affected thereby for a period of at least thirty days
prior to the expiration of statutory notice in connection
therewith. A notice, coincident with or immediately prior to the
date of such filing, that such tariff is on file at said offices
shall be posted at the cashier's windows or other places where
the customers pay their bills at the aforesaid offices. Said
posted notice shall give anyone viewing same a brief summary as
to the content of the tariff; state that the tariff is being
submitted to the Washington utilities and transportation
commission at Olympia; indicate the inserted effective date
thereof; and relate that a copy of the tariff is available for
inspection.
(2) If there is no listed business office in the territory to be affected by a tariff proposal subject to this notification but there is a payment agency therein, posted notice with the same content and timing as set forth above shall be employed at each such agency which notice, in addition thereto, shall give the name, address and telephone number of the nearest listed business office responsible for that service area at which such tariff may be examined in person without assigning any reason therefor.
(3) In lieu of the above posted notice, insofar as payment agencies are concerned, the utility may stamp or print on each bill or envelope in which such bill is mailed, enclose therewith or separately mail, with the same content as set forth above with respect to the posted notice in payment agencies and at the earliest practicable date subsequent to filing, a notice to each subscriber to be affected by the tariff proposal. Commencing ninety days or earlier from July 31, 1959, the latter procedure must be followed in those instances where a utility does not have a listed business office or a payment agency in the service area where notice, as set forth above, could otherwise be employed in a service area subject to a tariff proposal falling within this notification procedure.
(4) Whenever the alternative provision is chosen or must be used, the utility shall use such other adequate and appropriate means of notification, on or by the filing date, that will reasonably insure notice to the public of tariff revisions proposed and the effect on the public in the service area or areas involved. Such other notification may include personal contacts, letters or mailing pieces, newspaper articles or advertisements and radio and television announcements.
(5) The commission may require such other notification to the public as may be necessary in any particular case of tariff filing: Provided, That where a tariff or a part of a tariff is filed involving no increase in charges to its patrons; where the users to be affected by a tariff change are so few in number the utility chooses to advise each by direct mail or contact; or where there is no one to be affected by the tariff proposal, the utility may forego posting of notice relative thereto and will not be required to have a copy of the proposed tariff available for inspection.
(6) The inserted effective date, unless otherwise directed, shall be a date not less than thirty days after the date the commission receives the tariff. Also, if the commission permits the tariff to become effective without statutory notice, the period of notice to the public shall still be for at least thirty days after the date the commission receives the tariff.)) Each electric utility offering service under tariff must make available for public inspection and review all tariffs governing its provision of service, as required by RCW 80.28.050. To comply with this requirement, a utility must fulfill the provisions of either subsection (1) or (2) of this section.
(1) Web, telephone, and mail access. The utility must:
(a) Maintain a complete copy of its tariff or tariffs and all proposed tariff changes on an Internet website accessible to the public using generally available browser software;
(b) Provide a toll-free telephone number by which customers and applicants can obtain assistance during normal business hours from a company agent qualified to assist the customer in locating, interpreting, and applying tariff provisions;
(c) Upon written or oral request by any customer or applicant, deliver at no charge a copy of any current, proposed or most recently canceled tariff page that relates to the customer's or applicant's service; and
(d) Include on each customer bill and notice the address of the tariff website and the toll-free telephone number.
(2) Physical access. The utility must make available for public inspection and copying a complete copy of its tariff or tariffs, all most recently canceled tariff sheets, and all proposed tariff changes at one or more offices in each county where it offers service, except that: A single office may serve more than one county if the office is within twenty miles of all customers in the county where no tariff is posted. The utility must provide at each office either an agent qualified to assist the customer in locating, interpreting, and applying tariff provisions or access to such an agent by a toll-free telephone number.
[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), § 480-100-193, filed 4/4/01, effective 5/5/01.]
(1) Thirty-day notice to individual customers. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, mail the posting to each customer that would be affected by the proposed change. The posting must include the information listed in subsection (4) of this section.
(2) Published notice. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, publish notice of the proposed change within the geographical areas where it offers service. To meet minimum publication requirements, a utility must:
(a) Distribute copies of the published notice to community agencies and organizations in the geographic area where it offers service for posting and publication by the agency or organization. The utility must include in its distribution list any agency or organization that requests these notices;
(b) Cause to be printed in large print, as a paid advertisement, a complete copy of the published notice in the daily newspaper of general circulation with the greatest number of subscribers in each geographic area or each of the areas affected by the proposed tariff;
(c) Provide to the news editor of every newspaper, television station, and radio station in the geographic area within which it offers service a news release or public service announcement summarizing the published notice. The release or announcement must include a toll-free number that customers can use to obtain more information from the electric utility. The commission will maintain a list of area newspapers, television, and radio stations and will provide it on request to any utility; and
(d) Post a complete copy of the published notice on an Internet website accessible to the public using generally available browser software.
(3) Reduced publication with shortened notice to individual customers. To comply under this method, the utility must:
(a) Mail the posting to each customer that would be affected by the proposed change at least fifteen days before the stated effective date of the proposed change;
(b) At the time of the utility's filing with the commission, distribute copies of the published notice in the same manner as provided in subsection (2)(a) of this section;
(c) At the time of the utility's filing with the commission, provide news media notice in the same manner as provided in subsection (2)(c) of this section; and
(d) At the time of the utility's filing with the commission, post a complete copy of the published notice in the same manner as provided in subsection (2)(d) of this section.
(4) Content of postings. The published notice required by this rule must include, when applicable:
(a) The date the notice is issued;
(b) The utility's name and address;
(c) A brief explanation of the reason(s) the utility has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, and increased office expenses, such as postage and customer billing);
(d) A comparison of current and proposed rates by service;
(e) An example showing the monthly increase of the average customer's bill based on the proposed rates (e.g., "based on the proposed rates, a typical electric customer using an average of 1,500 kwhs per month would see an average monthly increase of $10.38.");
(f) When the rates will be billed (i.e., monthly or bimonthly);
(g) The requested effective date and, if different, the implementation date;
(h) A statement that the commission has the authority to set final rates that may vary from the utility's request, which may be either higher or lower depending on the results of the investigation;
(i) A description of how customers may contact the utility if they have specific questions or need additional information about the proposal; and
(j) Public involvement language. A utility may choose from:
(i) Commission-suggested language that is available from the commission's designated public affairs officer; or
(ii) Utility-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation of:
(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and
(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.
[]
(2) A utility that files a tariff change to increase any charge that a customer may incur without being quoted a rate or price (e.g., late payment fees, insufficient fund charges, or a one-time charge) must provide notice to each affected customer on or with the first bill after the change becomes effective.
(a) At a minimum, the notice must include the effective date, a clear description of changes to rates or services and a utility contact number where customers may seek additional information.
(b) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.
(3) A utility that files a tariff change that decreases rates, including promotions that temporarily waive recurring or nonrecurring charges, or that changes terms or conditions without restricting access to the service, must publish the change in the manner it posts tariffs under WAC 480-100-193.
[]
(2) The notice must include all information contained in WAC 480-100-194(4), except the public involvement information in WAC 480-100-194 (4)(j). A utility must include either of the following public involvement language:
(a) Commission-suggested language that is available from the commission's designated public affairs officer; or
(b) Utility-developed language that must include the commission's mailing address, toll-free number, docket number, and a brief explanation:
(i) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail;
(ii) How to contact the commission for process questions; and
(iii) The date, time and location of the public hearing.
(3) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.
(4) In addition to each affected customer, a utility must notify at least one newspaper of general circulation, and at least one radio station and at least one television station in the area or each of the areas affected.
[]
(a) The methods used to post, publish, and/or give notice to customers;
(b) When and how the notice was posted, published, and/or issued to customers;
(c) How many customers are affected; and
(d) A copy of the notice.
(2) A utility may request assistance from the commission's designated public affairs officer with efforts to comply with WAC 480-100-193 through 480-100-197.
[]
[]
OTS-5319.3
NEW SECTION
WAC 480-120-193
Posting of tariffs for public inspection
and review.
Each company offering intrastate telecommunications
service under tariff must make available for public inspection
and review all tariffs governing its provision of service, as
required by RCW 80.36.100. To comply with this requirement, a
company must fulfill the provisions of either subsection (1) or
(2) of this section.
(1) Web, telephone, and mail access. The company must:
(a) Maintain a complete copy of its tariff or tariffs and all proposed tariff changes on an Internet website accessible to the public using generally available browser software;
(b) Provide a toll-free telephone number by which customers and applicants can obtain assistance during normal business hours from a company agent qualified to assist the customer in locating, interpreting, and applying tariff provisions;
(c) Upon written or oral request by any customer or applicant, deliver at no charge a copy of any current, proposed or most recently canceled tariff page that relates to the customer's or applicant's service; and
(d) Include on each customer bill and notice the address of the tariff website and the toll-free telephone number.
(2) Physical access. The company must make available for public inspection and copying a complete copy of its tariff or tariffs, all most recently canceled tariff sheets, and all proposed tariff changes at one or more offices in each county where it offers service, except that: A single office may serve more than one county if the office is within twenty miles of all customers in the county where no tariff is posted. The company must provide at each office either an agent qualified to assist the customer in locating, interpreting, and applying tariff provisions or access to such an agent by a toll-free telephone number.
[]
(1) Thirty-day notice to individual customers. To comply under this method, the company must, at least thirty days before the stated effective date of the proposed change, mail the posting to each customer that would be affected by the proposed change. The posting must include the information listed in subsection (4) of this section.
(2) Published notice. To comply under this method, the company must, at least thirty days before the stated effective date of the proposed change, publish notice of the proposed change within the geographical areas where it offers service. To meet minimum publication requirements, a company must:
(a) Distribute copies of the published notice to community agencies and organizations in the geographic area where the company offers service for posting and publication by the agency or organization. The company must include in its distribution list any agency or organization that requests these notices;
(b) Cause to be printed in large print, as a paid advertisement, a complete copy of the published notice in the daily newspaper of general circulation with the greatest number of subscribers in each geographic area or each of the areas affected by the proposed tariff;
(c) Provide to the news editor of every newspaper, television station, and radio station, in the geographic area within which it offers service a news release or public service announcement summarizing the published notice. The release or announcement must include a toll-free number that customers can use to obtain more information from the company. The commission will maintain a list of area newspapers, television and radio stations and will provide it on request to any company; and
(d) Post a complete copy of the published notice on an Internet website accessible to the public using generally available browser software.
(3) Reduced publication with shortened notice to individual customers. To comply under this method, the company must:
(a) Mail the posting to each customer that would be affected by the proposed change at least fifteen days before the stated effective date of the proposed change;
(b) At the time of the company's filing with the commission, distribute copies of the published notice in the same manner as provided in subsection (2)(a) of this section;
(c) At the time of the company's filing with the commission, provide news media notice in the same manner as provided in subsection (2)(c) of this section; and
(d) At the time of the company's filing with the commission, post a complete copy of the published notice in the same manner as provided in subsection (2)(d) of this section.
(4) Content of postings. The published notice required by this rule must include, when applicable:
(a) The date the notice is issued;
(b) The company's name and address;
(c) A brief explanation of the reason(s) the company has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, and increased office expenses, such as postage and customer billing);
(d) A comparison of current and proposed rates by service;
(e) An example showing the monthly increase of the average customer's bill based on the proposed rates (e.g., "based on the proposed rates, a typical telephone customer using an average of twenty minutes of local toll service would see an average monthly increase of $0.85.");
(f) When the rates will be billed (i.e., monthly or bimonthly);
(g) The requested effective date and, if different, the implementation date;
(h) A statement that the commission has the authority to set final rates that may vary from the company's request, which may be either higher or lower depending on the results of the investigation;
(i) A description of how customers may contact the company if they have specific questions or need additional information about the proposal; and
(j) Public involvement language. A company may choose from:
(i) Commission-suggested language that is available from the commission's designated public affairs officer; or
(ii) Company-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation of:
(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and
(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.
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(2) A company that files a tariff change to increase any charge that a customer may incur without being quoted a rate or price (e.g., late payment fees, insufficient fund charges, or a one-time charge) must provide notice to each affected customer on or with the first bill after the change becomes effective.
(a) At a minimum, the notice must include the effective date, a clear description of changes to rates or services and a company contact number where customers may seek additional information.
(b) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by e-mail.
(3) A company that files a tariff change that decreases rates, including promotions that temporarily waive recurring or nonrecurring charges, or that changes terms or conditions without restricting access to the service, must publish the change in the manner it posts tariffs under WAC 480-120-193.
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(1) A company must provide customer notice before the effective date of changes to the price list for competitively classified companies or competitively classified services.
(a) The company must provide notice to each affected customer at least ten days before the effective date when a company proposes to:
(i) Increase rates;
(ii) Decrease rates; or
(iii) Change terms or conditions.
The company must measure the ten-day period from the time the notice is mailed to all customers or appears in the newspaper or on the website.
(b) Each customer notice must include, at a minimum:
(i) The effective date;
(ii) A clear description of changes to rates and services; and
(iii) A company contact number where customers can seek additional information.
(c) For increase in rates or a material change of terms and conditions a company must provide notice by bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers, or, if a company has the capability and the customer has authorized, by e-mail.
(d) For changes not covered by (c) of this subsection. A company must provide notice by:
(i) Any method listed in (c) of this subsection;
(ii) Publishing the notice in one or more newspapers of general circulation for the affected areas; or
(iii) Posting the notice on the website on which the price list is available to the public.
(2) A company may request assistance from the commission's designated public affairs officer with efforts to comply with this section.
(3) As an alternative to the customer notice required by this rule, a company may propose another form of customer notice. The commission's public affairs officer must approve any such notice in advance.
(4) Within ten days of making a filing requiring posting, publication, or customer notice required by this rule, a company must file a statement with the commission records center that the required notice has been posted, published, and/or mailed. The statement must include:
(a) The methods used to post, publish, and/or give notice to customers;
(b) When the notice was first posted, published, and/or issued to customers; and
(c) A copy of the notice.
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(2) The notice must include all information contained in WAC 480-120-194(4), except the public involvement information in WAC 480-120-194 (4)(j). A company must include either of the following public involvement language:
(a) Commission-suggested language that is available from the commission's designated public affairs officer; or
(b) Company-developed language that must include the commission's mailing address, toll-free number, docket number, and a brief explanation:
(i) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail;
(ii) How to contact the commission for process questions; and
(iii) The date, time and location of the public hearing.
(3) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by e-mail.
(4) In addition to each affected customer, a company must notify at least one newspaper of general circulation, and at least one radio station and at least one television station in the area or each of the areas affected.
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(a) The methods used to post, publish, and/or give notice to customers;
(b) When and how the notice was posted, published, and/or issued to customers;
(c) How many customers are affected; and
(d) A copy of the notice.
(2) A company may request assistance from the commission's designated public affairs officer with efforts to comply with WAC 480-120-193 through 480-120-197.
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The following section of the Washington Administrative Code is repealed:
| WAC 480-120-043 | Notice to the public of tariff changes. |
OTS-5320.3
NEW SECTION
WAC 480-121-065
Customer notice requirements -- Petition for
competitive classification of a service.
(1) When a
telecommunications company petitions for competitive
classification of a telecommunications service(s), the company
must provide notice to each affected customer at least thirty
days before the requested effective date.
(2) Each customer notice must include, at a minimum:
(a) The date the notice is issued and the proposed effective date of the competitive classification;
(b) The company name and address;
(c) A clear explanation of the proposal to give customers the basis for understanding the proposal and the potential impact of the change. The company may satisfy this requirement with its own explanation or by using commission-developed language available from the commission's designated public affairs officer;
(d) A description of how customers may contact the company if they have specific questions or need additional information about the proposal; and
(e) Public involvement language. A company may choose from:
(i) Commission-suggested language that is available from the commission's designated public affairs officer; or
(ii) Company-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation of:
(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and
(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.
(3) Methods of notice permitted include a bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by e-mail.
(4) Within ten days of making a filing requiring posting, publication, or customer notice, a company must file a declaration with the commission's records center that the required notice has been posted, published, and/or mailed. The declaration must include:
(a) The methods used to post, publish, and/or give notice to customers;
(b) When the notice was first posted, published, and/or issued to customers;
(c) How many customers are affected; and
(d) A copy of the notice.
(5) A company may request assistance from the commission's designated public affairs officer with efforts to comply with this section.
(6) The commission may require notice to customers other than those described in this rule when the commission determines that additional customer education is needed.
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