PERMANENT RULES
COMMISSION
1 STATUTORY OR OTHER AUTHORITY: The Washington Utilities and Transportation Commission takes this action under Notice No. WSR 02-12-131 for an expedited rule making, filed with the code reviser on June 5, 2002. The commission brings this proceeding pursuant to RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353.
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 on the date that this order is entered.
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 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 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.
6 REFERENCE TO AFFECTED RULES: This rule amends or adopts the following sections of the Washington Administrative Code:
| Affected Rules | |||
| Action | WAC No. | Rule Title | Changes |
| Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers. | |||
| Amend | 480-14-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: North American Uniform Out-of-Service Criteria, April 1, 2002 Title 49 Code of Federal Regulations, October 1, 2001 |
| Chapter 480-15 WAC, Household goods carriers. | |||
| Amend | 480-15-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: North American Uniform Out-of-Service Criteria, April 1, 2002 Title 49 Code of Federal Regulations, October 1, 2001 |
| Chapter 480-30 WAC, Auto transportation companies. | |||
| Amend | 480-30-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: North American Uniform Out-of-Service Criteria, April 1, 2002 Title 49 Code of Federal Regulations, October 1, 2001 |
| Chapter 480-31 WAC, Private, nonprofit transportation providers. | |||
| Amend | 480-31-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: North American Uniform Out-of-Service Criteria, April 1, 2002 Title 49 Code of Federal Regulations, October 1, 2001 |
| Chapter 480-40 WAC, Passenger charter carriers. | |||
| Amend | 480-40-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: North American Uniform Out-of-Service Criteria, April 1, 2002 Title 49 Code of Federal Regulations, October 1, 2001 |
| Chapter 480-62 WAC, Railroad companies -- Operations. | |||
| Amend | 480-62-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: Title 49 Code of Federal Regulations, October 1, 2001 MUTCD – no change WSDOT Chapter 480-95 WAC – no change ANSI Z308.1, December 31, 1998 (replaces L&I rules) L&I Chapter 296-24 WAC – repealed ANSI/ISEA 107, no change Title 49 United States Code, January 2, 2002 |
| Amend | 480-62-240 | Passenger carrying vehicles -- Equipment. | 1. Changes in subsection (1)(h) removes reference to repealed L&I rules, WAC 296-24-06145 and 296-24-06160, Appendix 2 and replaces the repealed rules with the ANSI standard, ANSI Z308.1 (Minimum Requirements for Workplace First Aid Kits). A cross reference directing the reader to WAC 480-62-999 is also added. |
| Chapter 480-70 WAC, Solid waste collection companies. | |||
| Amend | 480-70-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: North American Uniform Out-of-Service Criteria, April 1, 2002 Title 40 Code of Federal Regulations, July 1, 2002 Title 49 Code of Federal Regulations, October 1, 2001 |
| Chapter 480-90 WAC, Gas companies -- Operations. | |||
| Amend | 480-90-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: Title 18 Code of Federal Regulations, April 1, 2002 |
| Amend | 480-90-203 | Accounting system requirements. | 1. Change in subsection (1) identifies the specific part of Title 18 CFR
that applies to accounting requirements - Part 201. 2. New subsection (4) added to clarify that adopting the most current version of FERC requirements does not supercede prior commission orders directing companies to treat accounting items in a specific manner such as depreciation accounting. |
| Amend | 480-90-208 | Financial reporting requirements. | 1. Change in subsection (1)(a) identifies the specific part of Title 18 that applies to accounting requirements - Part 260. |
| Chapter 480-100 WAC, Electric companies. | |||
| Amend | 480-100-999 | Adoption by reference. | 1. Adoption by reference dates changed as follows: Title 18 Code of Federal Regulations, April 1, 2002 National Electrical Code, 2002 ANSI C12.1, 2001 2. Change in subsection (3) corrects National Electric Code reference to National Electrical Code. |
| Amend | 480-100-163 | Service entrance facilities. | 1. Changes in subsection (2) corrects National Electric Code reference to National Electrical Code. |
| Amend | 480-100-203 | Accounting systems requirements. | 1. Change in subsection (1) identifies the specific part of Title 18 CFR
that applies to accounting requirements - Part 101. 2. New subsection (4) added to clarify that adopting the most current version of FERC requirements does not supercede prior commission orders directing companies to treat accounting items in a specific manner such as depreciation accounting. |
| Amend | 480-100-208 | Financial reporting requirements. | 1. Change in subsection (1)(a) identifies the specific part of Title 18 that applies to accounting requirements - Part 141. |
| Chapter 480-110 WAC, Water companies. | |||
| New Section | 480-110-999 | Adoption by reference. | 1. New section created so the section number will be consistent
throughout Title 480 WAC chapters. 2. Adoption by reference dates added as follows: Uniform System of Accounts for Water Utilities, 1996 Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies, 1985 3. Cross-references added that identify the sections within this chapter that refer to adopted material. |
| Amend | 480-110-275 | Accounting and reporting requirements, and regulatory fees. | 1. A punctuation correction is made to the rule title. 2. Change in subsection (1) adds a cross-reference to WAC 480-110-999. |
| Amend | 480-110-485 | Retention and preservation of records and reports. | 1. Change in subsection (2) adds a cross-reference to WAC 480-110-999 |
8 NOTICE OF EXPEDITED RULEMAKING: The commission filed notice of expedited rule making (CR-105) on June 5, 2002, at WSR 02-12-131. The notice informed interested persons that the rules were being proposed under an expedited rule-making process as required by RCW 34.05.353. The commission provided notice of its expedited rule making to all persons on the commission's list of persons requesting such information pursuant to RCW 34.05.353, and by sending notice to all companies affected by the adoption-by-reference rule proposal. The notice provided interested persons the opportunity to submit written comments to the commission not later than August 5, 2002. The commission posted the relevant rule-making information on its internet website at www.wutc.wa.gov.
9 COMMENTERS (WRITTEN COMMENTS): The Washington State Patrol submitted written comments supporting the proposed rules.
10 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 August 14, 2002, before Chairwoman Marilyn Showalter, Commissioner Richard Hemstad and Commissioner Patrick J. Oshie. No interested person commented.
11 COMMISSION ACTION: After considering all of the information regarding this proposal, the commission amended and adopted the rules as proposed in the CR-105 at WSR 02-12-131.
12 CHANGES FROM PROPOSAL: The commission adopted the proposal without changes from the text noticed at WSR 02-12-131.
13 STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: In reviewing the entire record, the commission determines that WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-40-999, 480-62-999, 480-62-240, 480-70-999, 480-90-999, 480-90-203, 480-90-208, 480-100-999, 480-100-163, 480-100-203, 480-100-208, 480-110-275, and 480-110-485 should be amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.
14 The commission also determines that WAC 480-110-999 should be adopted to read as set forth in Appendix A, as a rule of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.
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 1, Amended 17, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
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.
16 WAC 480-14-999, 480-15-999, 480-30-999, 480-31-999, 480-40-999, 480-62-999, 480-62-240, 480-70-999, 480-90-999, 480-90-203, 480-90-208, 480-100-999, 480-100-163, 480-100-203, 480-100-208, 480-110-275, and 480-110-485 are amended to read as set forth in Appendix A, as rules of the Washington Utilities and Transportation Commission, to take effect pursuant to RCW 34.05.380(2) on the thirty-first day after filing with the code reviser.
17 WAC 480-110-999 is adopted to read as set forth in Appendix A, as a rule of the Washington Utilities and Transportation Commission, to take effect on the thirty-first day after the date of filing with the code reviser pursuant to RCW 34.05.380(2).
18 This order and the rules set out in Appendix A, 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 26th day of August, 2002.
Washington Utilities and Transportation Commission
Marilyn Showalter, Chairwoman
Richard Hemstad, Commissioner
Patrick J. Oshie, Commissioner
OTS-5727.1
AMENDATORY SECTION(Amending Docket No. A-010827, General
Order No. R-491, filed 9/28/01, effective 10/29/01)
WAC 480-14-999
Adoption of reference.
In this chapter,
the commission adopts by reference all or portions of
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-14-360, 480-14-370 and 480-14-390.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
October 1, ((2000)) 2001.
(b) This publication is referenced in WAC 480-14-040, 480-14-070, 480-14-250, 480-14-360, 480-14-370, 480-14-380, 480-14-390 and 480-14-400.
(c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-999, filed 9/28/01, effective 10/29/01.]
OTS-5728.1
AMENDATORY SECTION(Amending Docket No. A-010827, General
Order No. R-491, filed 9/28/01, effective 10/29/01)
WAC 480-15-999
Adoption by reference.
In this chapter,
the commission adopts by reference all or portions of
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-15-560.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
October 1, ((2000)) 2001.
(b) This publication is referenced in WAC 480-15-560 and 480-15-570.
(c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-15-999, filed 9/28/01, effective 10/29/01.]
OTS-5729.1
AMENDATORY SECTION(Amending Docket No. A-010827, General
Order No. R-491, filed 9/28/01, effective 10/29/01)
WAC 480-30-999
Adoption by reference.
In this chapter,
the commission adopts by reference all or portions of
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-30-097 and 480-30-100.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
October 1, ((2000)) 2001.
(b) This publication is referenced in WAC 480-30-095 and 480-30-100.
(c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-30-999, filed 9/28/01, effective 10/29/01.]
OTS-5730.1
AMENDATORY SECTION(Amending Docket No. A-010827, General
Order No. R-491, filed 9/28/01, effective 10/29/01)
WAC 480-31-999
Adoption by reference.
In this chapter,
the commission adopts by reference all or portions of
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-31-120.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
October 1, ((2000)) 2001.
(b) This publication is referenced in WAC 480-31-100, 480-31-120, 480-31-130 and 480-31-140.
(c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-31-999, filed 9/28/01, effective 10/29/01.]
OTS-5731.1
AMENDATORY SECTION(Amending Docket No. A-010827, General
Order No. R-491, filed 9/28/01, effective 10/29/01)
WAC 480-40-999
Adoption by reference.
In this chapter,
the commission adopts by reference all or portions of
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-40-065.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
October 1, ((2000)) 2001.
(b) This publication is referenced in WAC 480-40-070 and 480-40-075.
(c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-40-999, filed 9/28/01, effective 10/29/01.]
OTS-5732.1
AMENDATORY SECTION(Amending Docket No. TR-981102, General
Order No. R-477, filed 1/30/01, effective 3/2/01)
WAC 480-62-999
Adoption by reference.
In this chapter,
the commission adopts by reference all or portions of
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) Title 49 Code of Federal Regulations, cited as 49 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
((January 29)) October 1, 2001.
(b) This publication is referenced in WAC 480-62-160, 480-62-200, 480-62-205, 480-62-210, 480-62-215, 480-62-235 and 480-62-240.
(c) Copies of Title 49 Code of Federal Regulations are available from the Seattle Office of the Government Printing Office and from various third-party vendors.
(2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on January 29, 2001.
(b) This publication is referenced in WAC 480-62-230, 480-62-235 and 480-62-245.
(c) Copies of the MUTCD are available from the Seattle Office of the Government Printing Office and from various third-party vendors.
(3) Washington state department of transportation rules, cited as chapter 468-95 WAC, are published by the statute law committee.
(a) The commission adopts the version in effect on January 29, 2001.
(b) This publication is referenced in WAC 480-62-230.
(c) Copies of the Washington state department of transportation rules are available from the department of transportation or on the internet website for the office of the code reviser (leg.wa.gov/CodeReviser).
(4) ((Washington state department of labor and industries
rules, cited as chapter 296-24 WAC, are published by the
statute law committee.
(a) The commission adopts the version in effect on January 29, 2001.
(b) This publication is referenced in WAC 480-62-240.
(c) Copies of the Washington state department of labor and industries rules are available from the department of labor and industries or on the internet website for the office of the code reviser (leg.wa.gov/CodeReviser).)) ANSI Z308.1 - 1998 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.
(a) The commission adopts the version in effect on December 31, 1998.
(b) This publication is referenced in WAC 480-62-240.
(c) Copies of ANSI Z308.1 - 1998 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from the American National Standards Institute, 11 West 42nd Street, NY, NY 10036 or on the internet website for the American National Standards Institute (http://web.ansi.org/).
(5) ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel is published by the American National Standards Institute.
(a) The commission adopts the version in effect on January 29, 2001.
(b) This publication is referenced in WAC 480-62-235.
(c) Copies of ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel are available from the American National Standards Institute, 11 West 42nd Street, NY, NY 10036 or on the internet website for the American National Standards Institute (http://web.ansi.org/).
(6) Title 49 United States Code, cited as 49 U.S.C., is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on January 2, 2002.
(b) This publication is referenced in WAC 480-62-200.
(c) Copies of Title 49 United States Code are available from the Seattle office of the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-999, filed 1/30/01, effective 3/2/01.]
OTS-5733.1
AMENDATORY SECTION(Amending Docket No. TR-981102, General
Order No. R-477, filed 1/30/01, effective 3/2/01)
WAC 480-62-240
Passenger carrying vehicles -- Equipment.
(1) Equipment requirements for all vehicles.
(a) Vehicles must comply with all applicable equipment requirements of Title 46 RCW.
(b) Vehicles must have exhaust systems that prevent exposure of passengers to the vehicle's emissions.
(c) Vehicles must have two external rear vision mirrors, one at each side of the cab. The mirrors must be firmly attached to the motor vehicle at a point where the driver is provided a view of the highway to the rear along both sides of the vehicle. An outside mirror may be placed only on the driver's side on vehicles in which the driver has a view to the rear by means of an interior mirror.
(d) Vehicles must be equipped with a steering system maintained to insure that lash or preplay do not exceed those values set forth in 49 CFR, Parts 570.7 and 570.60 (Vehicle in Use Inspection Standards). Information about Title 49 CFR regarding the version adopted and where to obtain it is set out in WAC 480-62-999.
(e) Vehicles must have a heating system that will maintain an ambient temperature of at least fifty-five degrees in passenger areas.
(f) Vehicles must have at least three red-burning fusees, three red portable emergency reflectors, or at least two red cloth flags suitable for warning the motoring public in an emergency. The driver must ensure that such equipment is in the vehicle and is maintained in good condition. Any devices that may create a spark or open flame must be carried in a separate compartment or a closed metal container provided for that purpose.
(g) Vehicles must have a two and one-half pound dry chemical fire extinguisher or its equivalent, properly filled and located where it is readily accessible for use. The extinguisher must allow visual determination of the state of its charge at all times. The extinguishing agent must be nontoxic and preferably noncorrosive. The fire extinguisher must be suitable for attachment to the motor vehicle, bear the label of approval by the Underwriters Laboratories, Inc., and be kept in good working condition at all times.
(h) Vehicles must have a first-aid kit located where it
is readily accessible. The kit must contain all of the items
specified in ((WAC 296-24-06145 and 296-24-06160, Appendix 2,
adopted by the department of labor and industries)) ANSI
2308.1, Minimum Requirements for Workplace First Aid Kits. Additionally, the kit must contain gloves capable of
preventing exposure to bloodborne pathogens. Items used from
first-aid kits must be replaced before the next shift, and
kits must be checked for compliance with this rule if the seal
on the kit is broken. Information about ((chapter 296-24 WAC)) ANSI 2308.1 regarding the version adopted and where to
obtain it is set out in WAC 480-62-999.
(2) Equipment requirements for specified vehicles.
(a) Coupling devices used on a vehicle equipped with retractable flange wheels for operation on railroad tracks must be substantial and made of metal. The devices must be equipped with safety chains or straps of sufficient strength to prevent separation in the event of accidental uncoupling.
(b) A passenger compartment separate from the cab of the vehicle must be made of metal and be fastened directly to the frame of the vehicle. The compartment must have an interior lining sufficient to absorb condensation, and padded seats and backrests firmly secured in place. The floor of the compartment must be constructed to bear the weight of all cargo and passengers. The floor must not have unnecessary openings, and it must be constructed to prevent the entry of noxious fumes or permeation with flammable materials. The compartment must have a curtain of nonpermeable material of sufficient weight and size to close off the rear opening and a tailgate which must be closed whenever the vehicle is in motion. If the bottom of the entrance to the passenger compartment is more than three feet six inches above ground level, the vehicle must have permanent or temporary steps designed for the safe boarding and discharge of passengers.
(c) Communication between a cab and a separated passenger compartment must be provided by means of a light or audible device mounted in the cab of the vehicle that may be activated by a passenger in the rear compartment.
(d) On vehicles designed to transport nine or more passengers, an emergency exit must be placed at the end of the vehicle opposite the regular entrance. The exit must be at least six and one-half square feet in area, and the smallest dimension must be at least eighteen inches. The route to and from the emergency exit must be unobstructed at all times.
[Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-240, filed 1/30/01, effective 3/2/01.]
OTS-5734.1
AMENDATORY SECTION(Amending Docket No. A-010827, General
Order No. R-491, filed 9/28/01, effective 10/29/01)
WAC 480-70-999
Adoption by reference.
In this chapter,
the commission adopts by reference all, or portions of,
regulations and standards identified below. They are
available for inspection at the commission branch of the
Washington state library. The publications, effective dates,
references within this chapter, and availability of the
resources are as follows:
(1) The North American Uniform Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).
(a) The commission adopts the version in effect on April
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-70-201.
(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.
(2) Title 40 Code of Federal Regulations, cited as 40 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on July
1, ((2001)) 2002.
(b) This publication is referenced in WAC 480-70-041.
(c) Copies of Title 40 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.
(3) Title 49 Code of Federal Regulations, cited as 49 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on
October 1, ((2000)) 2001.
(b) This publication is referenced in WAC 480-70-201, 480-70-431 and 480-70-486.
(c) Copies of Title 49 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.
[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-70-999, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-999, filed 3/23/01, effective 4/23/01.]
OTS-5735.1
AMENDATORY SECTION(Amending Docket No. UG-990294, General
Order No. R-484, filed 5/3/01, effective 6/3/01)
WAC 480-90-203
Accounting system requirements.
(1) Gas
utilities in the state of Washington must use the uniform
system of accounts applicable to major and nonmajor gas
utilities as published by the Federal Energy Regulatory
Commission (FERC) in Title 18 of the Code of Federal
Regulations, Part 201. Information about the Code of Federal
Regulations regarding the version adopted and where to obtain
it is set out in WAC 480-90-999, Adoption by reference.
(2) Gas utilities having multistate operations must maintain records in such detail that the costs of property located and business done in Washington can be readily ascertained in accordance with geographic boundaries.
(3) Any deviation from the uniform system of accounts, as prescribed by the FERC, will be accomplished only after due notice and order of this commission.
(4) This rule does not supercede any commission order regarding accounting treatments.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-203, filed 5/3/01, effective 6/3/01.]
(a) Gas utilities must use the annual report form (FERC Form No. 2) promulgated by the Federal Energy Regulatory Commission in Title 18 of the Code of Federal Regulations, Part 260, for purposes of annual reporting to this commission. Data required by RCW 80.04.080, Annual reports, but not included in the FERC Form No. 2, must also be submitted with the annual report. Utilities must submit the annual report for the preceding calendar year, along with the regulatory fee, by May 1st of each year. If not presented in the prescribed FERC Form, the annual report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales. Information about the FERC Form No. 2 regarding the version adopted and where to obtain it is set out in WAC 480-90-999, Adoption by reference.
(b) Utilities must also submit to this commission, in essentially the same format and content as the FERC Form No. 2, a report that documents the costs incurred and the property necessary to furnish utility service to its customers and the revenues obtained in the state of Washington. The report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales;
(c) Combination and multistate utilities must submit with the annual report their cost allocation methods necessary to develop results of operations for the state of Washington. Approval of cost allocation schemes for rate-making purposes is accomplished only by commission order;
(d) The total utility results of operations reported by each utility in its annual report to the commission must agree with the results of operations shown on the utility's books and records.
(2) Commission basis reports (annual).
(a) The intent of the "commission basis" report is to depict the gas operations of a utility under normal temperature and gas supply conditions during the reporting period. The commission basis report must include the following:
(i) Booked results of gas operations and rate base, and all the necessary adjustments as accepted by the commission in the utility's most recent general rate case or subsequent orders;
(ii) Actual adjusted results of operations for out-of-period, nonoperating, nonrecurring, and extraordinary items or any other item that materially distorts reporting period earnings and rate base; and
(iii) Adjusted booked revenues and gas supply expenses to reflect operations under normal temperature conditions before the achieved return on rate base is calculated;
(b) Commission basis reports should not include adjustments that annualize price, wage, or other cost changes during a reporting period, nor new theories or approaches that have not been previously addressed and resolved by the commission;
(c) Utilities must submit the basis of any cost allocations and the allocation factors necessary to develop the commission basis results of gas operations for the state of Washington;
(d) Commission basis reports are due within four months of the end of a utility's fiscal year.
(3) Quarterly reports. Gas utilities must file a report of actual results for Washington operations within forty-five days of the end of each quarter. The results of operations report must contain each of the three monthly balances and the latest twelve months' ending balance for all accounts of the uniform system of accounts. The report must include the average customer count and total unit sales per customer class for each reported period.
(4) Additional reports. This section does not supersede any reporting requirement specified in a commission order or limit the commission's ability to request additional information.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-208, filed 5/3/01, effective 6/3/01.]
(1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April
1, ((2000)) 2002.
(b) This publication is referenced in WAC 480-90-203, Accounting system requirements, and WAC 480-90-208, Financial reporting requirements.
(c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 1985.
(b) This publication is referenced in WAC 480-90-228, Retention and preservation of records and reports.
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-999, filed 5/3/01, effective 6/3/01.]
OTS-5736.1
AMENDATORY SECTION(Amending Docket No. UE-990473, General
Order No. R-482, filed 5/3/01, effective 6/3/01)
WAC 480-100-163
Service entrance facilities.
(1) An
electric utility may require customers to:
(a) Provide service entrance facilities at the easiest access point to the utility's distribution system; and
(b) Comply with reasonable requirements to keep those facilities free from tampering or interference.
(2) In order to permit the required clearances, utilities
may require their customers to provide a structurally sound
point of attachment for the utility's service conductors
pursuant to the National ((Electric)) Electrical Code. Information about the National ((Electric)) Electrical Code
regarding the version adopted and where to obtain it is set
out in WAC 480-100-999 Adoption by reference.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-163, filed 5/3/01, effective 6/3/01.]
OTS-5737.1
AMENDATORY SECTION(Amending Docket No. UE-990473, General
Order No. R-482, filed 5/3/01, effective 6/3/01)
WAC 480-100-203
Accounting system requirements.
(1)
Electric utilities in the state of Washington must use the
uniform system of accounts applicable to major and nonmajor
electric utilities as published by the Federal Energy
Regulatory Commission (FERC) in Title 18 of the Code of
Federal Regulations, Part 101. Information about the Code of
Federal Regulations regarding the version adopted and where to
obtain it is set out in WAC 480-100-999, Adoption by
reference.
(2) Electric utilities having multistate operations must maintain records in such detail that the costs of property located and business done in the state of Washington can be readily ascertained in accordance with geographic boundaries.
(3) Any deviation from the uniform system of accounts, as prescribed by the FERC, will be accomplished only after due notice and order of this commission.
(4) This rule does not supercede any commission order regarding accounting treatments.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-203, filed 5/3/01, effective 6/3/01.]
(a) Electric utilities must use the annual report form (FERC Form No. 1) promulgated by the Federal Energy Regulatory Commission in Title 18 of the Code of Federal Regulations, Part 141, for purposes of annual reporting to this commission. Data required by RCW 80.04.080 Annual reports, but not included in the FERC Form No. 1, must also be submitted with the annual report. Utilities must submit the annual report for the preceding calendar year, along with the regulatory fee, by May 1st of each year. If not presented in the prescribed FERC Form, the annual report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales. Information about the FERC Form No. 1 regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.
(b) Utilities must also submit to this commission, in essentially the same format and content as the FERC Form No. 1, a report that documents the costs incurred and the property necessary to furnish utility service to its customers and the revenues obtained in the state of Washington. The report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales;
(c) Combination and multistate utilities must submit with the annual report their cost allocation methods necessary to develop results of operations for the state of Washington. Approval of cost allocation schemes for rate-making purposes is accomplished only by commission order;
(d) The total utility results of operations reported by each utility in its annual report to the commission must agree with the results of operations shown on the utility's books and records.
(2) Commission basis reports (annual).
(a) The intent of the "commission basis" report is to depict the electric operations of a utility under normal temperature and power supply conditions during the reporting period. The commission basis report must include the following:
(i) Booked results of electric operations and rate base, and all the necessary adjustments as accepted by the commission in the utility's most recent general rate case or subsequent orders;
(ii) Actual adjusted results of operations for out-of-period, nonoperating, nonrecurring, and extraordinary items or any other item that materially distorts reporting period earnings and rate base; and
(iii) Adjusted booked revenues and power supply expenses to reflect operations under normal temperature and power supply conditions before the achieved return on rate base is calculated;
(b) Commission basis reports should not include adjustments that annualize price, wage, or other cost changes during a reporting period, nor new theories or approaches that have not been previously addressed and resolved by the commission.
(c) Utilities must submit the basis of any cost allocations and the allocation factors necessary to develop the commission basis results of electric operations for the state of Washington;
(d) Commission basis reports are due within four months of the end of a utility's fiscal year.
(3) Quarterly reports. Electric utilities must file a report of actual results for Washington operations within forty-five days of the end of each quarter. The results of operations report must contain each of the three monthly balances and the latest twelve months ending balance for all accounts of the uniform system of accounts. The report must include the average customer count and total unit sales per customer class for each reported period.
(4) Additional reports. This section does not supersede any reporting requirement specified in a commission order or limit the commission's ability to request additional information.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-208, filed 5/3/01, effective 6/3/01.]
(1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.
(a) The commission adopts the version in effect on April
1, ((2000)) 2002.
(b) This publication is referenced in WAC 480-100-203, Accounting system requirements and WAC 480-100-208, Financial reporting requirements;
(c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 1985.
(b) This publication is referenced in WAC 480-100-228, Retention and preservation of records and reports.
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.;
(3) The National ((Electric)) Electrical Code is
published by the National Fire Protection Association (NFPA).
(a) The commission adopts the version published in
((1999)) 2002.
(b) This publication is referenced in WAC 480-100-163, Service entrance facilities;
(c) The National ((Electric)) Electrical Code is a
copyrighted document. Copies are available from the NFPA, in
Quincy, Massachusetts.
(4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.
(a) The commission adopts the version published in
((1995)) 2001.
(b) This publication is referenced in WAC 480-100-318, Meter readings, multipliers, and test constants; WAC 480-100-338, Accuracy requirements for electric meters; and WAC 480-100-343, Statement of meter test procedures.
(c) The ANSI C12.1 is a copyrighted document. Copies are available from Global Engineering Documents in Englewood, Colorado.
[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-999, filed 5/3/01, effective 6/3/01.]
OTS-5738.1
AMENDATORY SECTION(Amending Order R-467, Docket No.
UW-980082, filed 11/30/99, effective 12/31/99)
WAC 480-110-275
Accounting((,)) and reporting
requirements, and regulatory fees.
(1) Water companies must
use the uniform system of accounts (USOA) published by the
National Association of Regulatory Utility Commissioners
(NARUC). Information about the USOA regarding the version
adopted and where to obtain it is set out in WAC 480-110-999,
Adoption by reference. The USOA sets out the accounting
requirements for class A, B, and C water companies.
Water companies are classified by revenues.
| Class | Annual Gross Operating Revenue |
| A | $1,000,000 or more |
| B | $200,000 to $999,999 |
| C | Less than $200,000 |
(2) A water company may use the accounting requirements for a higher class if it chooses.
(3) The commission will distribute an annual report form that each water company must complete and file with the commission for the prior calendar year. The annual report must be filed, and the company's regulatory fee paid, no later than May 1 of each year.
(4) A written request for the extension of the time for filing the annual report can be made prior to May 1. The commission does not grant an extension of time for payment of regulatory fees.
[Statutory Authority: RCW 80.01.040. 99-24-100 (Order R-467, Docket No. UW-980082), § 480-110-275, filed 11/30/99, effective 12/31/99.]
(2) The Regulations to Govern the Preservation of Records
of Electric, Gas and Water Companies, published by the
National Association of Regulatory Utility Commissioners is
prescribed as the requirement for the state of Washington. ((This document is available at the commission branch of the
Washington state library. The commission secretary will
provide a copy of the document on request, subject to any
charge, or it may be ordered directly from the National
Association of Regulatory Utility Commissioners.)) Information
about the Regulations to Govern the Preservation of Records of
Electric, Gas and Water Companies regarding the version
adopted and where to obtain it is set out in WAC 480-110-999,
Adoption by reference.
[Statutory Authority: RCW 80.01.040. 99-24-100 (Order R-467, Docket No. UW-980082), § 480-110-485, filed 11/30/99, effective 12/31/99.]
(1) The Uniform System of Accounts for Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 1996.
(b) This publication is referenced in WAC 480-110-275, Accounting, and reporting requirements and regulatory fees.
(c) The Uniform System of Account for Water Utilities is a copyrighted document. Copies are available from NARUC, in Washington, D.C.
(2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).
(a) The commission adopts the version in effect in 1985.
(b) This publication is referenced in WAC 480-110-485, Retention and preservation of records and reports.
(c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.
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