BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Petition of: ELLENSBURG TELEPHONE COMPANY for a Limited Waiver of Administrative Rules. .......................................................................... ) ) ) ) ) ) ) ) DOCKET UT-990288 ORDER GRANTING LIMITED WAIVER OF RULES On March 10, 1999, Ellensburg Telephone Company ("Ellensburg") filed a petition requesting a limited waiver of WAC 480-120-540, terminating access charges. The reason for this request is to allow Ellensburg to be treated as a small business, even though it is not one as defined by the rule. Ellensburg states that it does not currently have the capability to conduct a total service long run incremental cost study within a time period of any reasonable duration that would allow it to make a filing to comply with the rule. Therefore, it requests to utilize the small business mitigation allowed for in WAC 480-120-540(5). Although Ellensburg's initial tariff filing accompanying this waiver request was allowed to go into effect on its stated effective date, the limited waiver was not affirmatively granted due to Staff's expressed concern that the rate Ellensburg chose to concur in was inappropriate because of its relative size and operating characteristics. Since that time, Ellensburg and Staff have come into agreement on an alternative, more acceptable concurrence. The new concurrence has been filed and allowed in Docket UT-000272, with an effective date of April 1, 2000. The Commission, having been fully advised in the matter, determined that the new concurrence is acceptable given Ellensburg's relative size and operating characteristics, that a limited waiver of the rule is consistent with the public interest given Ellensburg's recent revision in Docket UT-000272, and that the Secretary should be directed to enter the following order and related provisions. FINDINGS 1. Ellensburg is a Washington corporation, and is a public service company subject to the jurisdiction of this Commission under the provisions of chapter 80.36 RCW. 2. The limited waiver of WAC 480-120-540, as described above, is reasonable and consistent with the public interest and should therefore be approved. O R D E R THE COMMISSION ORDERS; Ellensburg Telephone Company is hereby granted the limited waiver of WAC 480-120-540 as described above. DATED at Olympia, Washington, and effective this 16th day of June, 2000. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN, Secretary