WSR 02-12-020

PREPROPOSAL STATEMENT OF INQUIRY

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. TC-020497 -- Filed May 28, 2002, 2:02 p.m. ]

     Subject of Possible Rule Making: Rules relating to passenger transportation companies will be reviewed for content and readability pursuant to Executive Order 97-02, with attention to the rules' need; effectiveness and efficiency; clarity; intent and statutory authority; coordination; cost; and fairness. All rules currently codified in chapters 480-30 and 480-40 WAC may be affected. The review will consider whether substantive changes or additions are required for passenger transportation regulation, especially (but not limited to) provisions relating to: Definitions; compliance and enforcement; driver, equipment and company safety issues; liability insurance limits; policies, processes and procedures regarding certificates of public convenience and necessity; tariffs and rate filings; schedules; consumer protection, and information issues.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 81.04.160, 81.68.030, 81.70.270.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Executive Order 97-02 requires agencies to review significant rules with attention to the standards set out above. This includes reviewing whether current rules provide the results that they were originally intended to achieve and whether the rules are consistent with laws and with appropriate and lawful policies.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington State Department of Licensing, Washington State Patrol, and the Federal Motor Carrier Safety Administration. The commission will invite each of those agencies to participate actively in the rule making.

     Process for Developing New Rule:      Agency study; and the commission will ask for initial written comments, and will provide the opportunity for additional comments. The commission will schedule one or more workshops with representatives of affected constituencies to discuss issues related to this rule making and any rule proposal.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested persons may file comments with the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, phone (360) 664-1174, fax (360) 586-1150, by July 12, 2002. An initial workshop is scheduled for September 12, 2002.

     Interested persons may contact the Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, (360) 664-1174, fax (360) 586-1150. Interested persons may submit comments, as specified below, or may ask to be included in the commission's list of interested persons for the proceeding.

     WRITTEN COMMENTS: Written comments may be submitted to the commission at the address given above and should be filed with the commission no later than July 12, 2002.

     Electronic copies. The commission also requests, but does not require, that comments be provided in electronic format to facilitate quotations from the comments, to enhance public access, and to reduce the need for additional paper copies. Please help us by sending an electronic copy with your paper filing on a 3-1/2 inch, IBM-formatted, high density disk, in .pdf Adobe Acrobat format, reflecting the pagination of your original. Also send us the text in your choice of .doc (Word 97 or later) or .wpd (Wordperfect 6.0 or later) and include all of the following information on the label of the diskette:

     *     The docket number of this proceeding (TC-020497)

     *     The commenting party's name

     *     The title and date of the comment or comments; and

     *     The type of software used

     Please use the three-letter extension noted above for all electronic files. You may also send your comments by electronic mail to the Commission's Records Center at <records@wutc.wa.gov>; if you choose this means of submitting comments, include all of the information requested above for the diskette label. The commission will post on the commission's web site all comments that are provided in electronic format. The website is located at <http://www.wutc.wa.gov/020497>.

     Opportunity for further comment is anticipated. Information about the schedule and other aspects of the rule making, including comments, will be posted on the commission's website as it becomes available. If you wish to receive further information on this rule making you may (1) call the Commission's Records Center at 360-664-1234, (2) e-mail the commission at <records@wutc.wa.gov>, or (3) mail written comments to the address above to the attention of Carole J. Washburn, Secretary. When contacting the commission, please refer to Docket No. TC-020497 to ensure that you are placed on the appropriate service list. Questions may be addressed to Bonnie Allen, (360) 664-1226 or e-mail at ballen@wutc.wa.gov.

     NOTICE OF WORKSHOP: The commission has scheduled an initial workshop during which interested persons may appear and present oral comments. Additional workshops may be held as this rule-making process proceeds. The workshop is planned for September 12, 2002, 9:30 a.m. to 3:30 p.m. in the Commission's Hearing Room, Second Floor, Chandler Plaza, 1300 South Evergreen Park Drive S.W., Olympia, WA.


NOTICE


     TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULE MAKING -- The commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rule making, please advise the Records Center by any one of the following methods: (1) Send a note with your name address (or a copy of your mailing label), and telephone and fax numbers referencing Docket No. TC-020497, and the words "Please keep me on the mailing list"; or (2) e-mail your name, address, telephone and fax numbers, referencing Docket No. TC-020497, and the words "Please keep me on the mailing list" to records@wutc.wa.gov. Please note that all information in the mailings will be accessible through the commission's Internet website at <http://www.wutc.wa.gov/>. THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULE MAKING.

May 28, 2002

Carole J. Washburn

Secretary

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