BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Requested ) Waiver of Statutory Notice in ) DOCKET UW-991888 Connection with the Tariff ) Revisions Filed by ) ORDER GRANTING LESS H & R Waterworks, Inc. ) THAN STATUTORY NOTICE ) BACKGROUND On December 2, 1999, H & R Waterworks, Inc. (H & R Waterworks) filed with the Commission revisions to its currently effective Tariff WN U-1, designated as: Third Revised Sheet No. 2 Canceling Second Revised Sheet No. 2 and Original Sheet Nos. 12 and 13. The tariff sheets bear an inserted effective date of January 1, 2000. This date recognizes statutory notice as required. The company requests, however, that statutory notice be waived and that the revisions become effective December 31, 1999. This filing is made to add language on limitations of liability to the company’s tariff, including Year 2000 (Y2K) language. The Y2K language reads as follows; "Limitations on Liability (d) Year 2000 The company will make best efforts unless commercially impracticable to cure any material failure to provide service caused solely by year 2000 defects in the company hardware, software or systems. Due to the interrelationship with non-company processes, equipment and systems, the company is not responsible for failures caused by circumstances beyond its control, including, but not limited to, failures caused by suppliers used by the company, other utilities or the customer." H & R Waterworks is seeking Less Than Statutory Notice (LSN) treatment to allow the tariff to become effective prior to the year 2000 and any possible Y2K problems. Since the tariff revisions filed herein is fair, just and reasonable, and waiver of statutory notice is not inconsistent with the public interest, it is deemed appropriate that the company be granted the waiver it is requesting with an effective date of December 31, 1999. Docket UW-991888 Page 2 FINDINGS After careful examination of the tariff revisions filed herein by H & R Waterworks, Inc., December 2, 1999, and giving consideration to all relevant matters and for good cause shown, the Commission finds that the tariff revisions should become effective December 31, 1999. O R D E R THE COMMISSION THEREFORE ORDERS That the requested waiver of statutory notice in connection with the tariff revisions filed herein by H & R Waterworks, Inc., December 2, 1999, is hereby granted, and said tariff revisions shall become effective December 31, 1999. DATED at Olympia, Washington, and effective this 29th day of December, 1999. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CAROLE J. WASHBURN Secretary