UTILITIES AND TRANSPORTATION

[Docket A-180513, General Order R-594—Filed September 19, 2018, 3:15 p.m., effective October 20, 2018]

In the matter of amending, adopting and repealing sections of chapter 480-04 WAC relating to the commission's public access to information and records.

1 STATUTORY OR OTHER AUTHORITY:The Washington utilities and transportation commission (commission) takes this action under Notice No. WSR 18-16-096, filed with the code reviser on July 31, 2018. The commission brings this proceeding pursuant to RCW 80.01.040 and 80.04.160.

2 STATEMENT OF COMPLIANCE: This proceeding complies with 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 this order is entered.

4 CONCISE STATEMENT OF PURPOSE AND EFFECT OF THE RULE: RCW 34.05.325(6) requires the commission to prepare and publish a concise explanatory statement about an adopted rule. The statement must identify the commission's reasons for adopting the rule, describe the differences between the version of the proposed rules published in the register and the rules adopted (other than editing changes), summarize the comments received regarding the proposed rule changes, and state the commission's responses to the comments reflecting the commission's consideration of them.

5 To avoid unnecessary duplication in the record of this docket, the commission designates the discussion in this order, including appendices, as its concise explanatory statement, supplemented where not inconsistent by the commission staff (staff) memoranda preceding the filing of the CR-102 proposal and the adoption hearing. Together, these documents provide a complete but concise explanation of the agency actions and its reasons for taking those actions.

6REFERENCE TO AFFECTED RULES: This order adopts WAC 480-04-005 Authority and purpose; amends WAC 480-04-020 Definitions, 480-04-035 Contact information, 480-04-050 Public information available without making a request for public records, 480-04-060 Public records available; hours for inspection and copying, 480-04-065 Index of significant decisions, 480-04-090 Requests for public records, 480-04-095 Responding to requests for public records, 480-04-100 Copying charges, 480-04-120 Review of denials of public records requests and 480-04-130 Protection of public records; and repeals WAC 480-04-030 Organization of the Washington utilities and transportation commission.

7 PREPROPOSAL STATEMENT OF INQUIRY AND ACTIONS THEREUNDER: The commission filed a preproposal statement of inquiry (CR-101) on June 8, 2018, at WSR 18-13-020. The statement advised interested persons that the commission was considering making additions and amendments to certain sections in chapter 480-04 WAC, Public access to information and records. The statement further explained that the commission last updated this chapter of its rules in 2006 and believes that the current rules may need to be supplemented, improved, or clarified to better reflect changes in the law and commission practices since that time. The commission also informed persons of this inquiry by providing notice of the subject and the CR-101 to everyone on the commission's list of persons requesting such information pursuant to RCW 34.05.320(3), to all interested persons in the current procedural rules rule-making docket A-130355, to all regulated companies and lists of attorneys, as well as to all lists of persons interested in commission rule makings. Pursuant to the notice, the commission received comments on or around July 10, 2018.

8 SMALL BUSINESS ECONOMIC IMPACT ANALYSIS:On July 3, 2018, the commission issued a small business economic impact questionnaire to all interested persons. The commission received no responses to this questionnaire. The proposed rules primarily reflect current commission practice, and the commission has no basis to find that any costs businesses will incur to comply with the rules will be more than minor. Pursuant to RCW 19.85.030 (1)(a), therefore, no small business economic impact statement is required.

9 NOTICE OF PROPOSED RULE MAKING: The commission filed a notice of proposed rule making (CR-102) on July 31, 2018, at WSR 18-16-096. The commission scheduled this matter for oral comment and adoption under Notice No. WSR 18-16-096 at 9:30 a.m., Monday, September 10, 2018, in the Commission's Hearing Room, Second Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. The notice provided interested persons the opportunity to submit written comments to the commission.

10 WRITTEN COMMENTS: The commission requested written comments on the proposed rules on or about August 31, 2018. The commission received no comments.

11 RULE-MAKING HEARING:The commission considered the proposed rules for adoption at a rule-making hearing on Monday, September 10, 2018, before Chairman David W. Danner, Commissioner Ann E. Rendahl, and Commissioner Jay M. Balasbas. The commission heard a presentation and comments from Gregory J. Kopta, administrative law judge, representing staff. No other person made any comments.

12 CHANGE TO PROPOSED RULE:At the adoption hearing, staff noted that two subsections of proposed WAC 480-04-100 refer to a commission internal policy on public records that is not publicly accessible. Staff, therefore, recommended that the commission delete those references from the rule and simply refer inquiries concerning fees for obtaining copies of documents to the commission's records center. We agree with staff's recommendation and amend the proposed rule accordingly.

13 COMMISSION ACTION:After considering all of the information regarding this proposal, the commission finds and concludes that it should amend, repeal, and adopt the rules as proposed in the CR-102 at WSR 18-16-096 with the following changes discussed in paragraph 12 above:

In subsection (2), substitute "Persons may obtain the" for "The commission publishes its"; delete "the commission's" before "copying charges"; and delete "in Administrative Policy 5.1c, which is available on the commission's website or."

In subsection (5), delete "as provided in Administrative Policy 5.1c" at the end of the first sentence.

14STATEMENT OF ACTION; STATEMENT OF EFFECTIVE DATE: After reviewing the entire record, the commission determines that the sections in chapter 480-04 WAC should be repealed, amended, and adopted 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.

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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 10, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 10, Repealed 1.

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.

THE COMMISSION ORDERS:

15 The commission amends, repeals, and adopts chapter 480-04 WAC to read as set forth in Appendix A, as rules 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).

16 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 1-21 WAC.

DATED at Olympia, Washington, September 19, 2018.

Washington State Utilities and Transportation Commission

David W. Danner, Chairman

Ann E. Rendahl, Commissioner

Jay M. Balasbas, Commissioner

WAC 480-04-005Authority and purpose.

The Public Records Act, chapter 42.56 RCW, requires state agencies to make available for inspection and copying nonexempt public records in accordance with published rules. The sections in this chapter establish the procedures the Washington utilities and transportation commission will follow to provide full access to public records.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-020Definitions.

(1) "Identifiable public record" is a public record that exists at the time the commission receives the request for public records and that commission staff can reasonably locate.

(2) "Public record" includes any writing (((defined in subsection (5) of this section) prepared, owned, used, or retained by the commission, which contains))containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the commission regardless of physical form or characteristics.

(((2)))(3) "Public records officer" means the official responsible for the commission's compliance with the Public Records Act, chapter ((42.17))42.56 RCW, and for the implementation of this chapter. The commission's secretary is designated as its public records officer. The secretary may designate one or more persons to assist in the implementation and application of this ((rule))chapter, and "public records officer" as used in this chapter includes such persons.

(((3)))(4) "Secretary," also referred to as "executive secretary," means the secretary of the commission appointed pursuant to RCW 80.01.030. Unless otherwise restricted, the term "secretary" also refers to the acting secretary and to the secretary's designee.

(((4)))(5) "Washington utilities and transportation commission," also referred to in this chapter as "the commission," is the ((commission appointed by the governor under RCW 80.01.010))agency established in Titles 80 and 81 RCW to regulate the rates, services, facilities, and practices of persons engaging in this state in the business of supplying any utility service or commodity, or of the transportation of persons or property, to the public for compensation. Where appropriate, the term "commission" also refers to the staff and employees of the Washington utilities and transportation commission.

(((5)))(6) "Writing" ((means any information (e.g., words, numbers, symbols, images, and sounds) recorded in any media (e.g., handwritten, typewritten, printed, electronic, photographic, and video and audio recording), as defined in RCW 42.17.020(42).

(6) The word "you," or "your," when used in this chapter, refers to a person who requests access to public records))is any means of recording any form of communication or representation as provided in RCW 42.56.010(4).

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-035((Physical address—Telephone—Facsimile—E-mail—Internet.))Contact information.

((The))Any person may obtain information about the commission or request access to its public records by contacting the commission using the contact information provided in WAC 480-07-125. That information ((included in this section)) is current at the time of rule adoption((,)) but may change. Current information and additional contact information are available on the commission's ((internet))web site, in person at the commission's offices, or by ((telephone call to))calling the commission's main public telephone number.

((Physical address; address for U.S. mail or hand-delivery	Washington Utilities and Transportation Commission 1300 S. Evergreen Park Drive S.W. P.O. Box 47250 Olympia, WA 98504-7250
Telephone (general)	360-664-1160
Telephone (records center)	360-664-1234
Telefacsimile (records center)	360-586-1150
Electronic mail (records center)	records@wutc.wa.gov
Internet	www.wutc.wa.gov))

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-050Public information((; public submissions or requests other than))available without making a request((s)) for public ((documents))records.

((Anyone who wishes to obtain general information concerning topics within))Many of the commission's ((jurisdiction may find such information))public records are publicly accessible on the commission's ((internet site or may contact the commission by letter, telephone, or email, as described in this section. The commission will route all inquiries to staff who can best respond to the inquiry.

(1) Written requests for information should be sent to the commission's public records officer at the commission's mailing address.

(2) Electronic mail and telefacsimile requests for information should be sent to the commission's records center.

(3) Telephone requests for information may be made by contacting))web site. Such documents include, but are not limited to, commission orders and notices, party filings in commission adjudications, regulated company filings, and documents containing general information about the commission, the industries and companies the commission regulates, and consumer assistance. Persons seeking commission documents should view the documents available on the commission's web site prior to submitting a public records request. Persons who need help finding such information may contact the commission's records center((, or by call to))by calling the commission's general telephone number or sending an email to records@utc.wa.gov.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-060Public records available; hours for inspection and copying.

(1) All of the commission's public records are available for inspection and copying unless the public record is exempt from disclosure under chapter ((42.17))42.56 RCW (the Public Records Act)((,))or protected from disclosure under RCW 80.04.095 or 81.77.210 (records that contain valuable commercial information), WAC 480-07-160 (Confidential information), a protective order the commission enters pursuant to WAC 480-07-420 (Discovery—Protective orders), or ((under)) other provision of law. Except as provided in RCW ((42.17.260(6)))42.56.070(8), the commission will not give, sell, or provide access to lists of individuals if the information is requested for commercial purposes.

(2) The commission will promptly respond to requests for inspection and copying of public records as provided in this chapter.

(3) Public records are available for inspection and copying during the commission's customary office hours ((which are from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding official state holidays as defined in RCW 1.16.050 (legal holidays and legislatively recognized days)))specified in WAC 480-07-120.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-065((Records))Index of significant decisions.

((The commission will publish and index its significant adjudicative decisions; declaratory orders; interpretive statements; and policy statements.)) (1) Content. The commission will ((publish))maintain and make available to the public ((its adjudicative orders that resolve contested issues or which it believes will be of interest or significance, its))an index of the following:

(a) Final orders the commission has entered after June 30, 1990, in adjudicative proceedings that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

(b) Declaratory orders((, its))the commission has entered after June 30, 1990, that contain an analysis or decision of substantial importance to the agency in carrying out its duties; and

(2) Availability. The commission will publish ((these documents))the index by the means it deems best suited to achieve broad availability, consistent with staff resources and technology((, including distribution of paper copies, electronic mail, and internet web site posting. The commission will contemporaneously publish a summary of the decisions, orders, and statements.

(2) The commission will annually publish indices of the principles that are applied in the text of published decisions, orders, and statements.

(3) The commission will make paper copies of its indices available for sale at the commission's estimated actual cost of reproduction and distribution)). The documents contained in the index will also be included in the searchable document library on the commission's public web site.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-090Requests for public records.

(1) ((Many requests for public records can be handled quickly and informally without the need for a formal written request. You may ask orally, in person, or by telephone to look at a document, or get a copy of a document. You may also ask informally in writing, by letter or electronic mail. Requests may be made by electronic mail to the commission records center. Commission staff will advise you if a formal written request, as described in subsection (4) of this section, is required.

(2) The commission may require any person who seeks access to public records to present a formal written request. The commission may require a formal written request, for example, if you ask for large quantities of information or make an unusual request. The formal written request helps the commission make sure that you get all the information you have requested and that any charges for copies are proper.

(3) The commission may require a formal written request if the information you ask for might be within one of the exceptions to the law requiring disclosure. In this situation, your formal written request helps the commission make sure that its decision to disclose or withhold the information is made properly and that you get the public records you are entitled to receive. Examples of information that might be exempt from disclosure include documents that have been designated "confidential" by the person providing them to the commission, documents containing private or personal information, and documents that may be involved in litigation or hearings.

(4) If you need to make a formal written request for information, you may use a "public records request" form provided by the commission or you may write a letter that))Definition. Except for requests for assistance to review or obtain documents on the commission's web site, any request for identifiable public records is a request for public records to which the commission must respond in compliance with the Public Records Act. Requests for public records do not include:

(a) Requests for general information about a subject or company that the commission regulates;

(b) Standing or ongoing requests for records that do not exist at the time the commission receives the request;

(c) Requests that the commission create a new document that compiles, organizes, collates, analyzes, summarizes, or is otherwise derived from existing commission records; or

(d) Requests for all or substantially all records prepared, owned, used, or retained by the commission.

(2) Form of request.

(a) Public records request form. Any person making a request for public records should complete the commission's Online Records Request Form. Persons can access this form on the commission's web site and may contact the records center for assistance.

(b) Other writing. A person who is unable or elects not to use the commission's Online Records Request Form may submit a letter or email to the records center. Such a request should contain((s)) the information listed ((below. If you want to use the form, you can get a copy at the commission's internet site or office, or you can ask to have it sent to you.

(5) Formal written requests must))in subsection (3) of this section.

(c) Telephone or in-person requests. The commission will honor requests for public records made in person or by telephone to the public records officer during the commission's customary business hours. Any such request should include the information listed in subsection (3) of this section. The public records officer will subsequently confirm receipt of this information and the substance of the request in a written communication to the requester.

(3) Needed information. Any request for public records should include the following information that the commission needs to respond to the request:

(a) ((Your))The requester's name, physical address, email address, and telephone number((.));

(b) The date on which ((you submit your request.))the requester submits the request;

(c) The identity of any individual, business, or other organization for whom ((you are))the requester is making the request, if not only for ((yourself))the requester personally((.));

(d) A clear ((indication, such as a document heading or title that you are))statement that the requester is requesting public records((, to help make sure that the request is handled properly.

(e) Whether you));

(e) An election of whether the requester wants to inspect the public records ((or get)), obtain copies, or both((.));

(f) A clear description of the identifiable public records ((you want so that commission staff can find the records. If you know how the public records are described in the index maintained by the commission, provide that description to assist the commission to identify the public records you want to review.))the requester is requesting; and

(g) A statement of whether ((you are making the request in order to obtain))the requester is requesting a list of individuals to be used for any commercial purposes.

(((6) Commission staff will make a reasonable effort to assist in identifying and providing all public records that you request.

(7) The commission may waive the need for a completed form when doing so supports the commission's administrative convenience and is not inconsistent with legal requirements or public policies.))(4) Requester's failure or refusal to provide information. The public records officer will identify any information the commission needs that a requester has not included in a request for public records and will work with the requester to provide that information. If a requester refuses to provide his or her identity or sufficient other information, the commission will respond to the request to the extent feasible and consistent with applicable law.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-095((Disclosure procedure.))Responding to requests for public records.

The commission will provide the fullest assistance to requesters and the most timely possible action in response to requests for public records consistent with the intent of the Public Records Act to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential commission functions.

(1) Tracking. Upon receiving a request for public records, the public records officer will ((promptly notify you if your request is found to be incomplete, and will tell you what the problem is.))assign it a tracking number and log it into the commission's public records request tracking system.

(2) Task assignment. Unless the request clearly seeks only documents that are contained in the commission's records center, the public records officer will ((assist you to complete or correct your request. Notifying you of a deficiency is not a denial of your request. The public records officer may act on a deficient request to the extent that doing so is reasonable.

(2) Upon receiving a complete request,))assign the request as a task to commission management personnel:

(a) To assess whether the request is sufficiently clear in identifying the records the requester seeks;

(b) To determine whether the commission has or may have documents that are responsive to the request;

(d) To provide any responsive documents to the public records officer for processing.

(3) Initial response. Within five business days of receiving a request for public records, the public records officer will take one or more of the following actions:

(a) Inform the requester that the commission has no public records that are responsive to the request;

(b) Make the requested records available to the requester for inspection and copying, either via a link to the document(s) on the commission's web site, or by providing a paper or electronic copy of the document(s);

(c) Acknowledge receipt of the request and provide the requester with a reasonable estimate of the date by which the commission will make the records, or an installment of the records, available for inspection and copying;

(d) Acknowledge receipt of the request, ask the requester to clarify any portion of the request that is unclear, and to the extent possible, provide a reasonable estimate of when the commission will make the requested records, or an installment of the records, available for inspection and copying if the request is not clarified; or

(e) Deny the request. If the public records officer denies the public records request in whole or in part, the public records officer will provide the requester with a written explanation of the basis for the denial. The requester may contest the denial by requesting commission review as provided in WAC 480-04-120.

(4) Additional time to respond. The commission may extend an estimated date by which it will make the requested records, or an installment of the records, available for inspection and copying based on the need to clarify the request, to locate and assemble the records requested, to notify third persons or agencies affected by the request, or to determine whether any of the records are exempt or otherwise protected from public disclosure, or for other good cause. The public records officer will promptly notify the requester in writing of any revised estimate and will explain the reason for the revised estimate.

(5) Exempt or protected information. The public records officer will review the requested records to determine whether ((the record or a portion of it))any record, in whole or in part, includes information that is exempt from disclosure under the Public Records Act, chapter ((42.17))42.56 RCW, or protected from disclosure under RCW 80.04.095 or 81.77.210 (records that contain valuable commercial information), WAC 480-07-160 (Confidential and other restricted information), a protective order the commission enters pursuant to WAC 480-07-420 (Discovery—Protective orders), or ((under)) another provision of law.

(((3)))(a) Exempt information. The commission will ((delete identifying details from a))redact from the public records((to protect the personal privacy interests as provided by law when it makes the record available or publishes it. The commission will explain the reasons for any such deletion.

(4) Only the public records officer is authorized to deny requests for public records. Any action other than granting access to public records, when taken by a person other than the public records officer, is a deferral of action and not a denial of a request. Any commission staff member who does not grant access to a public record when a complete written request is made must immediately take or send the requested document, together with the written request, to the public records officer for a prompt decision granting or denying the request.

(5) If the public records officer does not grant access to all or part of a requested public record, the public records officer will give you a written statement identifying the exemption authorizing the action and how it applies to the requested record. Any portion of the record that is not subject to exemption shall be promptly disclosed.

(6) If you))it makes available for inspection and copying any information that is exempt from disclosure under the Public Records Act or any other applicable law. The public records officer will provide the requester with a withholding log that identifies the specific exemption applicable to each redaction and briefly explains how the exemption applies. Except as otherwise provided in this section, the public records officer will make available for inspection and copying all records and portions of records that are not exempt from public disclosure.

(b) Information designated as confidential. The following process will apply if the requester requests a public record that contains information that has been designated as confidential under RCW 80.04.095, 81.77.210, or WAC 480-07-160((, or a protective order, and you have not specifically asked to be provided with confidential information,)).

(i) The public records officer will ((tell you that material))inform the requester that information in one or more public records that are responsive to the request has been designated as confidential, ((and ask whether you))will offer to provide a version of the document from which that information has been redacted, and will ask if the requester wants the confidential information((, before processing your request.

The commission will process any request for a record designated as confidential under RCW 80.04.095 or WAC 480-07-160 in accordance with those provisions of law.

(7) If the public records officer denies your public records request in whole or in part, the public records officer will provide you a written explanation of the basis for the denial. If you want to contest the denial, you may request a review under WAC 480-04-120)).

(ii) If the requester informs the public records officer that the request necessarily includes information designated as confidential, the commission will follow the procedure in RCW 80.04.095 or 81.77.210, whichever is applicable, as set forth below.

(A) The public records officer will send a written notice of the request to the provider of the confidential information, as well as to any other person who has been identified as being directly affected by any public disclosure of the information, and will send a copy of the notice to the requester. The commission will send the notice electronically and, to the extent practicable, will confirm that the provider received that notice. The notice will state that the commission will disclose the requested confidential information to the requester unless within ten days after the date of the notice, the provider obtains a court order prohibiting that disclosure. The commission will issue that notice not more than two business days after receiving confirmation that the requester wants the confidential information.

(B) If the provider of the confidential information has not obtained a court order prohibiting its disclosure within ten days from the date of the commission's notice or the commission has not received notification from the requester withdrawing the request or stating that the commission can satisfy the request without disclosing confidential information, the public records officer will make the entirety of the public records that are responsive to the request available for inspection and copying, including all information that had been designated as confidential, as provided in subsection (6) of this section. The public records officer will also remove the confidential designations from the records, and the commission will maintain those records as publicly available in their entirety.

(c) Information subject to protective order. The following process will apply if a requester requests a public record that contains information that is protected from public disclosure pursuant to a protective order the commission enters.

(i) The public records officer will inform the requester that information in one or more public records that are responsive to the request is protected from disclosure pursuant to a protective order and will ask whether the requester wants the protected information. If the requester agrees that the commission can satisfy the request without disclosing that information, the public records officer will provide or make available for inspection the public records that are responsive to the request and from which the information protected by the protective order has been redacted.

(ii) If the requester informs the public records officer that the request necessarily includes information that is protected by a protective order, the commission will follow one of the following processes:

(A) If the adjudication in which the commission entered the protective order has concluded, the procedure in (b)(ii) of this subsection will apply.

(B) If the adjudication has not concluded, the public records officer will notify the presiding officer in the adjudication of the request. The presiding officer will establish by notice or order the process the commission will use to receive written or oral comments or argument on the request from the requester and the parties and will enter an order determining whether the commission will make any information subject to the protective order available for inspection and copying.

(d) Information affecting rights of others. If the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may notify those persons of the request prior to making the records available for inspection and copying. If the public records officer elects to provide such notice, the process in (b)(ii) of this subsection shall apply.

(6) Providing responsive records.

(a) Inspection. Consistent with other demands on the agency's resources, the commission will promptly provide space for requesters to inspect the public records they have requested.

(b) Copies. Upon request, the commission will provide copies of responsive documents to the requester, subject to the requester paying any copying charges the commission assesses as provided in WAC 480-04-100. The commission will provide copies of documents in the same form in which the agency retains the record (i.e., the commission will provide paper copies of paper records and electronic copies of electronic records in the same format or program). The public records officer may, but is not required to, provide copies of records in a different form or format (e.g., making .pdf electronic copies of paper records) if such copying is technically feasible using existing commission resources and does not result in the creation of a new public record.

(7) Time to inspect or claim records. The public records officer will notify the requester in writing when the requested public records are available for inspection and copying and that the requester should make arrangements to inspect or claim any requested copies of those records. The requester must inspect the records or claim any copies within thirty days of the commission's notice. If the requester does not do so or does not make other arrangements within that thirty days, the commission may close the request.

(8) Providing records in installments. If a requester requests a large number of records, the public records officer may provide access to responsive records in installments. The public records officer will notify the requester in writing when each installment of the requested records is available for inspection and copying and that the requester should make arrangements to inspect or claim any requested copies of those records. The requester must inspect the records or claim any copies in each installment within thirty days of the commission's notice. If the requester does not do so or does not make other arrangements within that thirty days, the commission may stop searching for the remaining records and close the request.

(9) Closing request. The public records officer will close the request and notify the requester in writing of that closure under any one of the following circumstances:

(a) The commission has completed a reasonable search for the requested public records, and either:

(i) The commission has located no responsive documents; or

(ii) The commission has located responsive documents, the requester has inspected those records, and the commission has provided any requested copies of the records.

(b) The requester withdraws the request;

(c) The requester does not clarify an entirely unclear request within thirty days from the date of the public records officer's written request for clarification;

(d) The requester does not timely inspect or make arrangements to inspect or request copies of responsive records as provided in this section; or

(e) The requester does not timely submit any deposit, pay fees for an installment, or make a final payment the commission has assessed for requested copies of public records as required under WAC 480-04-100.

(10) Subsequently discovered records. The public records officer will promptly inform the requester if, after the commission has notified the requester that the commission has provided all available records, the commission becomes aware of additional responsive documents that existed at the time the requester made the request. The commission will make the additional documents available for inspection and copying on an expedited basis.

(11) Log of requests. The commission will maintain a log of the public records requests it receives, which will include:

(a) The identity of the requester if provided by the requester;

(b) The date the commission received the request;

(d) A description of the responsive records that were redacted or withheld and the reasons therefor; and

(e) the date of the final disposition of the request.

AMENDATORY SECTION(Amending WSR 06-17-087, filed 8/14/06, effective 9/14/06)

WAC 480-04-100Copying ((and service)) charges.

The commission will charge to provide copies of public records ((upon request.

(1) The commission may charge a published fee for copying public records, if you request copies. The commission may, by order, within the requirements of RCW 42.17.300, establish and change prices and establish the maximum number of various kinds of copies that will be provided without charge))as provided in this section.

(1) Adoption of statutory copying charges. The commission has not calculated the actual costs for copying its records because to do so would be unduly burdensome for the following reasons:

(a) The commission has insufficient resources to conduct a comprehensive study to determine the actual costs of copying its records;

(b) To conduct a study of the commission's actual copying costs would interfere with other essential agency functions; and

(c) The legislature has established reasonable fees and costs in RCW 42.56.120 after the public and requesters have commented on, and been informed of, such fees and costs.

To timely implement a fee schedule consistent with the Public Records Act, it is more cost efficient and expeditious and in the public interest for the commission to adopt the legislature's approved fees and costs for most of the commission's records, as authorized in RCW 42.56.120 and as published in the commission's fee schedule.

(2) ((The commission's))Fee schedule. Persons may obtain the schedule of the commission's copying charges ((for copies, except as provided in WAC 480-07-145 (3)(b), is published in Administrative Policy 5.1c, which is available from the commission's web site or)) by contacting the commission's records center. ((Out-of-state customers and governmental agencies are not charged sales tax.

(3) WAC 480-07-145 (3)(b) fixes the charge for copies when a party to an adjudicative proceeding fails to file the number of copies required to meet the commission's internal distribution needs.))The commission does not charge sales tax on copies it makes at its own facilities.

(3) Cost estimates. Upon request, the commission will provide a requester with a summary of the applicable charges before the commission makes copies of the requested records. The requester may revise the request to reduce the requested number of copies and correspondingly reduce the copying charges.

(4) Deposits and prepayment. Before beginning to make copies, the public records officer may require a requester to pay a deposit of up to ten percent of the estimated costs of copying all the requested records. The public records officer may also require the requester to pay the remainder of the copying costs before providing all the records, or to pay the costs of copying an installment before providing that installment.

(5) Waiver or other fee arrangements. The commission may waive copying charges. The commission also may enter into a contract, memorandum of understanding, or other agreement with a requester that provides an alternative fee arrangement to the charges or in response to voluminous or frequently occurring requests.

(6) Mailing and delivery costs. The commission may charge the actual costs it incurs to mail or use a commercial carrier to deliver copies of the requested public records, including the cost of any digital storage medium or device on which the commission copies the records (such as a disc or flash drive), the shipping container or envelope, and the postage or delivery charge.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-120Review of denials of public records requests.

(1) If the commission ((does not disclose))denies a request for a public record ((that you have requested and you))and the requester disagrees with the denial, ((you))the requester may ask the public records officer, in writing, for a review of the denial. ((Your))The written request for review must describe or enclose the public records officer's written statement that explains the reasons for the denial((, as provided in WAC 480-04-095(5))).

(2) ((You))The requester may hand deliver, or have a courier deliver, ((your))the written request for review in person at the commission's administrative office or ((you))the requester may send it by mail or ((electronic mail))email.

(3) The ((public records officer))commission will promptly ((review your))consider the written request((. The public records officer may personally reconsider the denial decision, or may refer the request to the commission for review.

(4)))for review. The public records officer's ((initial)) denial becomes final unless the commission modifies the decision within two business days after the commission receives ((your))the request for review unless the requester and the commission agree to a longer commission review period. The commission, however, ((still)) may modify a denial decision at a later time. Once the public records officer's initial denial decision becomes final ((or is modified by the commission, you)), the requester may seek judicial review under RCW ((42.17.340))42.56.550, or the requester may request that the Washington attorney general review any claims of exemptions pursuant to RCW 42.56.530.

AMENDATORY SECTION(Amending WSR 03-24-028, filed 11/24/03, effective 1/1/04)

WAC 480-04-130Protection of public records.

(1) Only commission staff may copy public documents unless the public records officer decides that copying by others will not disrupt commission business operations or pose any risk to the integrity and safety of the documents.

(2) No person may take any public record from the area the public records officer designates for public inspection of public records unless expressly authorized to do so by the public records officer((.

(3) When a member of the public asks to examine an entire file or group of public records, as distinguished from specific public records that can be individually identified and made available, the commission may take a reasonable time to inspect the file or group of public records to remove any material designated as confidential and any information protected from disclosure by chapter 42.17 RCW, or other provision of law)). No person may disassemble or alter any document the commission allows that person to inspect.

The following section of the Washington Administrative Code is repealed:

Organization of the Washington utilities and transportation commission.