September 14, 1999 NOTICE OF OPPORTUNITY TO FILE WRITTEN COMMENTS (OCTOBER 18, 1999) RE: Rules relating to Commission General - Tariffs: Chapter 480-80 WAC Docket No. U-991301 TO INTERESTED PERSONS: The Commission has begun its review of industry regulations affecting telephone, electric and natural gas companies. While working on those rules, it became apparent that in order to complete a comprehensive review the Commission must also consider topics now addressed in Chapter 480-80 WAC, Tariffs. This document and the CR-101 filed in this docket begin that process, to enable a thorough and comprehensive review of all the essential related topics. This rulemaking proceeding will focus on tariff topics now codified in Chapter 480-80 but also in other chapters of the Administrative Code. The Commission Staff believes that there currently may be rules contained in the regulated industry chapters that more appropriately belong in the Tariff chapter, and there currently may be rules in the Tariff chapter that should be in the regulated industry sectors’ rules. In order to coordinate best with industry-specific rulemaking proceedings, the Commission asks commenters to focus initially on the rules that are currently in Chapter 480-80 WAC that they believe should be in the regulated industry chapters, and on those rules that are in the regulated industry chapters that should be in Chapter 480-80 WAC. Please identify any rules that you think should be moved, state your reasons for saying so, and offer any other comments about those rules that you care to make. These comments are due no later than October 18, 1999. While the Commission will first address only those rules proposed to be moved, you are not limited to commenting on those rules. The Commission will accept comments on any aspect of tariff regulation and will eventually consider such comments in this docket. The Commission expects to schedule a workshop to discuss with stakeholders the first-phase written comments. The second stage of this rulemaking will occur during the year 2000. At that time, additional written comments will be solicited on the remaining rules and, if it then appears to be helpful, a stakeholder workshop will be scheduled. This rulemaking is intended to fulfill the Commission’s responsibilities under Executive Order No. 97-02. The Commission invites interested persons to address any of the following topics with regard to the rules in Chapter 480-80, in addition to the organization issue identified above: 1. Need. Is the rule necessary to comply with the statutes that authorize it? Is the rule obsolete, duplicative, or ambiguous to a degree that warrants repeal or revision? Have laws or other circumstances changed so that the rule should be amended or repealed? Is the rule necessary to protect or safeguard the health, welfare, or safety of Washington’s citizens? 2. Effectiveness and Efficiency. Is the rule providing the results that it was originally designed to achieve in a reasonable manner? Are there regulatory alternatives or new technologies that could more effectively or efficiently achieve the same objectives? 3. Clarity. Is the rule written and organized in a clear and concise manner so that it can be readily understood by those to whom it applies? 4. Intent and Statutory Authority. Is the rule consistent with the legislative intent of the statutes that authorize it? Is the rule based upon sufficient statutory authority? Is there a need to develop a more specific legislative authorization in order to protect the health, safety, and welfare of Washington’s citizens? 5. Coordination. Could additional consultation and coordination with other governmental jurisdictions and state agencies with similar regulatory authority eliminate or reduce duplication and inconsistency? Agencies should consult with and coordinate with other jurisdictions that have similar regulatory requirements when it is likely that coordination can reduce duplication and inconsistency. 6. Cost. Have qualitative and quantitative benefits of the rule been considered in relation to its cost? 7. Fairness. Does the rule result in equitable treatment of those required to comply with it? Should it be modified to eliminate or minimize any disproportionate impacts on the regulated community? Should it be strengthened to provide additional protection? WRITTEN COMMENTS Written comments on rules suggested for changed placement must be filed with the Commission no later than October 18, 1999. Other comments may be filed by that deadline. All commenters are asked, but are not required, to file an original and 10 copies of their written comments. The Commission also requests, but does not require, that comments be provided on a 3½ inch IBM formatted high-density disk, in ASCII text or WordPerfect version 5.1, 6.0, or 6.1, labeled with the docket number of this proceeding and the commenter’s name and type of software used. Commission staff will post on the commission’s web site those comments that are provided in electronic format. The web site is . We ask all commenters to include a summary of their comments. Your participation is welcomed via written comments. Opportunity for further comment is anticipated. Information about schedule and other aspects of the rulemaking, including comments, will be posted on the Commission’s web site as it becomes available. If you wish to receive further information on this rulemaking you may 1) call the Commission’s Records Center at 360-664-1234, 2) e-mail the Commission at , or 3) mail written comments to the address below. When contacting the Commission, please refer to Docket No. U-991301 to ensure that you are placed on the appropriate service list. The Commission’s mailing address is: Secretary Washington Utilities and Transportation Commission 1300 South Evergreen Park Drive SW P O BOX 47250 Olympia, Washington 98504-7250 NOTICE If you don’t want to comment now, but do want to receive future information about this rulemaking, please notify the Secretary in one of the ways described above and ask to be included on the mailing list for Docket No. U-991301. If you do not do this, you might not receive further information about this rulemaking. Thank you in advance for your assistance. Sincerely, Carole J. Washburn Secretary Enclosure