WSR 20-03-107
[Filed January 15, 2020, 11:54 a.m.]
Subject of Possible Rule Making: In Docket UE-191023, the Washington utilities and transportation commission (commission) has initiated this rule making to develop rules for implementing chapter 19.405 RCW, statutory revisions to RCW 80.84.010, and additions to chapter 80.28 RCW, as enacted in E2SSB 5116, the Clean Energy Transformation Act. The commission will also consider revisions to the commission basis reporting rules in WAC 480-100-257 to the extent necessary to implement RCW 19.405.060.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.01.040, 80.04.160, and chapter 19.405 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: E2SSB 5116 both requires and allows the commission to adopt rules to ensure the proper implementation and enforcement of the statute, but the commission must adopt certain rules by January 1, 2021. RCW 19.405.060(5) mandates that the commission and the department of commerce (commerce) adopt rules establishing the methodology for calculating the incremental cost of compliance with this law. RCW 19.405.100 allows the commission to develop rules to implement the chapter. The commission must also consider modifications to its commission basis reporting rules in WAC 480-100-257 because the incremental cost calculation, as described in RCW 19.405.060, is base[d] on these utility reports.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Commerce must develop rules for consumer-owned utilities to meet the pertinent requirements as set forth in E2SSB 5116. The commission and commerce are coordinating their processes for implementing the requirements in E2SSB 5116.
Process for Developing New Rule: The commission uses a collaborative rule-making process that includes stakeholder workshops, formal comments, and draft rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mark L. Johnson, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250, phone 360-664-1234, TTY 711 or 1-800-833-6384, email, website
January 15, 2020
Mark L. Johnson
Executive Director
and Secretary