PREPROPOSAL STATEMENT OF INQUIRY (RCW 34.05.310) Agency: WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Subject of possible rule making: Rules relating to motor carriers of household goods and transportation brokers. All provisions currently codified in chapter 480-12 WAC might be affected. New rules related to entry of household goods carriers and protection of consumers will be considered. Rules will be reviewed for content and readability pursuant to Executive Order 97-02. Docket No. TV-971477. (a) Statutes authorizing the agency to adopt rules on this subject: RCW 80.01.040; 81.80.130; 81.80.140 (b) Reasons why rules on this subject may be needed and what they might accomplish: 1) Executive Order 97-02 requires agencies to review significant rules against specified standards. 2) In Docket No. TV-941290, the Commission limited existing chapter 480-12 WAC to a small segment of the motor carrier industry -- household goods movers and transportation brokers -- and created new chapter 480-14 for all other motor carriers. That left chapter 480-12 with some rules that appear less relevant in today’s environment, or which may be unnecessarily complex or ill-suited for regulating the carriers that remain subject to the chapter. 3) Federal preemption of most aspects of the regulation of transportation brokers has made other rules irrelevant. 4) The definition of “household goods” in WAC 480-12-400 differs from the federal definition, resulting in confusion. 5) The applicability of the rules to “pack and load” services needs to be clarified. 6) Deficient consumer protection rules for household goods customers hampers the Commission’s ability to assist consumers. 7) Current application of the “public convenience and necessity” standard may no longer be appropriate under emerging market and legal conditions. Rule changes could streamline and clarify household goods rules, provide more effective consumer protection, ease carrier entry and reduce costs associated with entering this market. (c) Identify other federal and state agencies that regulate this subject and the process coordinating the rule with these agencies: None. (d) Process for developing new rule (check all that apply): Negotiated rule making Pilot rule making X Agency study Other (describe) The Commission will call for initial written comments, and will provide the opportunity for additional comments. The Commission will schedule one or more workshops with representatives of affected constituencies in a manner designed to develop consensus regarding any rule proposal. (e) How interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: (List names, addresses, telephone, fax numbers of persons to contact; describe meetings, other exchanges of information, etc.) SEE ATTACHMENT NAME (TYPE OR PRINT) STEVE McLELLAN