1  BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION
     
 2                        COMMISSION
     
 3  In the Matter of the Petition )
    of Commission Staff for a     ) DOCKET NO. TG-970532
 4  Declaratory Ruling.           ) VOLUME 1
    ------------------------------) PAGES 1-6
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                A prehearing conference in the above
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    matter was held on May 30, 1997 at 1:00 p.m., at 1300
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    South Evergreen Park Drive Southwest, Olympia,
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    Washington, before Administrative Law Judge JOHN
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    PRUSIA.
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11              The parties were present as follows:
     
12              COMMISSION STAFF by CATHIE B. ANDERSON,
    1300 South Evergreen Park Drive Southwest, Olympia,
13  Washington  98504.
     
14              THE COMMISSION by MARY M. TENNYSON,
    Senior Assistant Attorney General, 1400 South
15  Evergreen Park Drive Southwest, Olympia, Washington
    98504.
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                WASHINGTON STATE HOSPITAL ASSOCIATION by
17  PAULA E. PYRON, Attorney at Law, 101 Southwest Main
    Street, Suite 1100, Portland, Oregon 97204.
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                STERICYCLE OF WASHINGTON, INC., by
19  STEPHEN B. JOHNSON, Attorney at Law, 1191 Second
    Avenue, 18th Floor, Seattle, Washington 98101.
20   
                BFI MEDICAL WASTE SYSTEMS OF WASHINGTON,
21  INC., by DAVID W. WILEY, Attorney at Law, 601 Union
    Street, Suite 4100, Seattle, Washington 98101.
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24  Kathryn T. Wilson, CCR
     
25  Court Reporter
     
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 1                  APPEARANCES (Cont'd.)
     
 2              WASHINGTON REFUSE & RECYCLING ASSOCIATION
    by JAMES K. SELLS, Special Counsel, 510 Washington
 3  Avenue, Suite 300, Bremerton, Washington 98310.
     
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00003
 1                  P R O C E E D I N G S
 2              JUDGE PRUSIA:  We're on the record.  The
 3  prehearing conference will please come to order.
 4  This is the second prehearing conference in Docket
 5  Number TG-970532.  This is in the matter of petition
 6  of Commission staff for a declaratory ruling.
 7              The first prehearing conference was held
 8  on May the 6th, 1997.  At that time, appearances were
 9  taken and petitions for party status were granted.
10              At the first prehearing conference, we
11  determined that the parties needed additional time to
12  work on narrowing and clarifying issues and on
13  exploring the possibility of stipulating to facts.
14  We therefore deferred until later the setting of
15  schedule, consideration of the Commission's discovery
16  rule, need for a protective order and other matters
17  usually resolved in a prehearing conference.
18              We set a second prehearing conference for
19  this date and time.  Today is May 30th, 1997.  We're
20  convening at Commission headquarters in Olympia,
21  Washington.  The time is approximately 1:10.  My name
22  is John Prusia.  I'm the administrative law judge
23  assigned to this proceeding.
24              I'll take appearances at this time.
25  Please state your name.  I don't need your address,
00004
 1  unless you've changed your address since the last
 2  prehearing conference.  I'll begin with Commission
 3  staff, Ms. Tennyson.
 4              MS. TENNYSON:  Thank you.  I'm Mary
 5  Tennyson.  I'm a senior assistant attorney general
 6  representing Commission staff, and at the table with
 7  me is Cathie Anderson, Commission staff.
 8              JUDGE PRUSIA:  Ms. Pyron?
 9              MS. PYRON:  I'm Paula Pyron with Ball
10  Janik, and I am representing the Washington State
11  Hospital Association.
12              JUDGE PRUSIA:  Mr. Johnson?
13              MR. JOHNSON:  Steve Johnson, representing
14  Stericycle of Washington, Inc.
15              JUDGE PRUSIA:  Mr. Wiley?
16              MR. WILEY:  Dave Wiley, representing BFI
17  Medical Waste Systems of Washington, Inc.
18              JUDGE PRUSIA:  Mr. Sells?
19              MR. SELLS:  Thank you.  If your Honor
20  please, James Sells, representing Washington Refuse
21  and Recycling Association, Murrey's Disposal,
22  American Disposal, Rubatino Refuse, Inc., LeMay
23  Enterprises, Inc., Empire Disposal, Inc.,
24  Consolidated Disposal, Inc., and Disposal Services.
25              JUDGE PRUSIA:  Thank you, Mr. Sells.  At
00005
 1  this time, we'll go off the record to discuss
 2  scheduling and other things that were deferred at the
 3  last prehearing conference.  We're off the record.
 4              (Off the record discussion.)
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 6              JUDGE PRUSIA:  While we were off the
 7  record, the parties engaged in a wide range of
 8  discussion.  The parties believe they need additional
 9  time to discuss these issues among themselves.
10              Therefore, I will indefinitely continue
11  the prehearing conference.  I will prepare an order
12  extending for good cause the time by which the
13  Commission will enter an order.  The current deadline
14  is June the 20th, and I believe it's appropriate to
15  extend that date.
16              I'll determine some date after
17  considering this, but I will enter an order before
18  the 20th extending the date by which the Commission
19  will enter an order.  I won't set another time for a
20  prehearing conference at this time.  I will leave it
21  up to you to contact me.  Let me know when you're
22  ready.  However, if I haven't heard from you by the
23  end of June, then I will set some time to get you all
24  together, or do you feel you need more time?
25              MS. TENNYSON:  I think if we haven't
00006
 1  gotten back to you by then, it would be appropriate
 2  for you to set a proceeding.  I think we should try
 3  to come up with even recommending procedure and time
 4  frame among ourselves while we're talking.
 5              MR. JOHNSON:  I guess that would depend
 6  in part on how much we resolve through these
 7  discussions and how much is left.
 8              MS. TENNYSON:  Right.  So if we can
 9  prepare a stipulation that would stipulate to whether
10  we're having a hearing, live testimony.
11              MR. WILEY:  Sounds like the most likely
12  issue will be the charitable hospital issue for fact
13  evidence at this point.
14              JUDGE PRUSIA:  That also seems to be an
15  issue that you will have a difficult time stipulating
16  to or even identifying issues.
17              Is there anything further this
18  afternoon?  If there will be nothing further, we'll
19  be off the record.
20             (Prehearing conference concluded at 3:30 p.m.)
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