Original Notice.

Preproposal statement of inquiry was filed as WSR 99-19-086.

Title of Rule: Chapter 480-80 WAC, Commission general--Tariffs, price lists, and contracts; chapter 480-90 WAC, Natural gas utilities; chapter 480-100 WAC, Electric utilities; chapter 480-120 WAC, Telecommunications companies, notice to public of tariff changes; and WAC 480-121-065 Customer notice requirements -- Petition for competitive classification of a service, Docket U-991301.

Purpose: The purpose of the proposed rules and rule amendments is to streamline the tariff filing process for gas, electric, telecommunications, and water companies, and to clarify requirements for customer notice, consistent with the requirements of the Governor's Executive Order 97-02.

Other Identifying Information: Docket No. U-991301.

Statutory Authority for Adoption: RCW 80.01.040 and 80.04.180.

Statute Being Implemented: Title 80 RCW, Public utilities.

Summary: The proposed rules would streamline filing and format requirements, codify current procedures and best-practice options, use clear language, offer regulated companies greater flexibility to enable them to take advantage of further efficiencies on a case-by-case basis, and eliminate unnecessary requirements. The proposed rules would also clarify requirements for customer notice.

Reasons Supporting Proposal: The proposed rules are drafted to reflect the effect of legislation regarding price lists. Other proposed rules reflect technological changes, emerging competition, and changes in market structure.

Name of Agency Personnel Responsible for Drafting: Kim Dobyns, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1242; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

Name of Proponent: Washington Utilities and Transportation Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules effect the administration of tariffs, price lists, and contracts, and posting and publication requirements for regulated investor-owned electric, gas, telephone, and water companies.

See Summary and Reasons Supporting Proposal above for anticipated effects.

Proposal Changes the Following Existing Rules: The proposed rules would reduce and reorganize chapter 480-80 WAC, and clarify and streamline commission oversight of tariffs, price lists, and contracts.

The proposed rules for customer notice have been incorporated into each industry's rules for ease of use and to accommodate unique characteristics of each industry. The affected chapters are: Chapter 480-90 WAC, Natural gas utilities; chapter 480-100 WAC, Electric utilities; chapter 480-120 WAC, Telecommunications companies; and WAC 480-121-065 Customer notice requirements--Petition for competitive classification of a service.

Action	WAC No.	Rule Title	Proposed Changes
Chapter 480-80 WAC, Utilities general--Tariffs, price lists and contracts.
Amend	480-80-010	Application of rules.	1. Revisions reflect common language adopted in other rule makings. 2. Subsection (5) clarifies that any tariff, price list, or contract on file and in effect or pending when rules are adopted is not required to be refiled to comply with newly adopted rules in chapter 480-80 WAC. Rather, the expectation is that companies will make needed changes when filings are made in the normal course of business.
New Section	480-80-015	Exemptions from rules in chapter 480-80 WAC.	1. Language sets out the process used to request an exception from a rule and is consistent with language adopted in other rule makings. 2. Subsection (6) clarifies that competitive companies previously granted exemptions to certain sections of chapter 480-80 WAC continue to have those exemptions. 3. Part moved from WAC 480-80-310.
Amend	480-80-020	Additional requirements.	1. Revision reflects common language adopted in other rule makings.
New Section	480-80-025	Severability.	1. New language reflects common language adopted in other rule makings.
Amend	480-80-030	Definitions.	1. Adds definitions of words used throughout the chapter.
New Section	480-80-031	Delivery of tariff, price list, and contract filings.	1. Adds the option of an electronic delivery method when the commission has procedures in place. 2. Clarifies that a fax filing must be received in its entirety by 5:00 p.m. Pacific time in order to be deemed received on that day. 3. Similar requirements previously found in WAC 480-80-060 and 480-80-070.
New Section	480-80-101	Tariff requirements.	1. Subsection (1) moved from WAC 480-80-040. 2. Subsection (2) moved from WAC 480-80-150.
New Section	480-80-102	Tariff content.	1. Subsection (1) moved from WAC 480-80-160 and 480-80-200. 2. Subsection (2) moved from WAC 480-80-160 and 480-80-210. 3. Subsection (3) is a new requirement to include a section of symbols in the filing and allows a company to use its own unique symbols in addition to the commission symbols. 4. Subsection (4) moved from WAC 480-80-220 and clarifying language and cross references to related requirements in other chapters are added. 5. Subsection (5) moved from WAC 480-80-230. 6. Removes requirements for telegraph rate schedules and base rate area maps.
New Section	480-80-103	Tariff format.	1. Subsection (1) (a) moved from WAC 480-80-140. 2. Subsection (1) (b) adds a requirement to retain a 2" x 1 1/2" blank space in the upper right hand corner of the tariff sheet for commission use. 3. Subsection (1)(c) adds an option of allowing utilities to file electronically when the commission establishes a process. 4. Subsection (2) moved from WAC 480-80-160. 5. Subsection (3) moved from WAC 480-80-180 and 480-80-220(2). 6. Subsection (3)(e) allows a utility to reuse a tariff number under certain circumstances. 7. Subsection (4) allows the company two ways to submit authorizing signatures and eliminates the requirement for the company to keep signature cards on file with the commission. 8. Issue dates are no longer required.
New Section	480-80-104	Transmittal letter.	1. Reference to transmittal letter moved from WAC 480-80-050 and codifies current commission practices based on instructions sent to utilities previously.
New Section	480-80-105	Tariff filing instructions.	1. Subsection (1) moved from WAC 480-80-160(2) and 480-80-050. 2. Subsection (2) adds a cross reference to a related chapter. 3. Subsection (3) defines expectations in a tariff filing. 4. Subsection (4) moved from WAC 480-80-370. 5. Subsection (5) provides the utility with an option of using unique symbols in addition to commission symbols. 6. Subsection (6) moved from WAC 480-80-050. 7. Subsection (7) and (8) moved from WAC 480-80-270.
New Section	480-80-111	Substitute tariff filings.	1. Defines process for submitting substitute pages consistent with commission practices.
New Section	480-80-112	Banded rate tariff filings.	1. Subsection (1) moved from WAC 480-80-045. 2. Subsection (2) adds the criteria from filing gas and electric banded rates.
New Section	480-80-121	Tariff changes with statutory notice.	1. Moved from WAC 480-80-070.
New Section	480-80-122	Tariff changes with less than statutory notice.	1. Moved from WAC 480-80-240. 2. Provides an option to use a commission LSN form.
New Section	480-80-123	Tariff changes that do not require statutory notice.	1. Moved from WAC 480-80-240.
New Section	480-80-124	Failure to provide statutory notice.	1. Moved from WAC 480-80-070.
New Section	480-80-131	Withdrawing a tariff filing.	1. New section added to codify current commission practices.
New Section	480-80-132	Rejecting tariff changes.	1. Moved from WAC 480-80-300.
New Section	480-80-133	Tariff adoption notice.	1. Moved from WAC 480-80-250 and 480-80-260. 2. Removes the second company adoption restriction.
New Section	480-80-134	Discontinuing a tariffed service or services.	1. Moved from WAC 480-80-320.
New Section	480-80-141	Service contract.	1. Moved from WAC 480-80-325, 480-80-326, and 480-80-340.
New Section	480-80-142	Special contracts for noncompetitive telecommunications companies.	1. Moved from WAC 480-80-330.
New Section	480-80-143	Special contracts for gas, electric, and water companies.	1. Moved from WAC 480-80-335.
New Section	480-80-201	Use of price lists.	1. New language describes who may use price lists.
New Section	480-80-202	Interpretation and application of price lists.	1. Subsection (1) describes how the commission interprets price lists. 2. Subsection (2) describes how the commission will interpret conflicts or ambiguities in a price list.
New Section	480-80-203	Transmittal letter.	1. Moved from WAC 480-80-041. 2. Clarifies requirements for a price list transmittal letter.
New Section	480-80-204	Price lists format and content.	1. New language identifies criteria for a price list and clarifies that the rates charged to customers must cover the cost of providing the service.
New Section	480-80-205	Effective date of price list filings.	1. The price list effective date statutory requirements are codified.
New Section	480-80-206	Price list availability to customers.	1. Moved from WAC 480-80-206. 2. In addition to making a price list available to customers through a public location or upon request, a new requirement is added requiring companies to post price lists on a website and notify customers of the Internet address.
New Section	480-80-241	Filing contracts for services classified as competitive.	1. Moved from WAC 480-80-035.
New Section	480-80-242	Using contracts for services classified as competitive.	1. Moved from WAC 480-80-035.
Chapter 480-90 WAC, Gas companies--Operations.
Amend	480-90-193	Posting of tariffs for public inspection and review.	1. Parts moved from WAC 480-80-080 and 480-80-090. 2. Provides new options for making a tariff available to the public and defines physical access.
New Section	480-90-194	Publication of proposed tariff changes to increase charges or restrict access to services.	1. Provides the options a utility may use to notify the public of proposed rate changes or restricted service in its tariff. The company must use at least one of the methods. 2. Provides requirements for what must be included in the public notice.
New Section	480-90-195	Notice of tariff changes other than increases in recurring charges and restrictions in access to services.	1. Provides requirements for how to notice customers of minor tariff rate changes and what must be included in the notice.
New Section	480-90-197	Adjudicative proceedings where public testimony will be taken.	1. Provides the requirements for public notice and content of the notice for adjudicative proceedings where public testimony will be taken.
New Section	480-90-198	Notice verification and assistance.	1. Requires the utility to file a statement with the commission describing how it met the requirements for posting and publication.
New Section	480-90-199	Other customer notice.	1. Requires utility to provide additional notice when the commission determines additional customer education is needed.
Chapter 480-100 WAC, Electric utilities.
Amend	480-100-193	Posting of tariffs for public inspection and review.	1. Parts moved from WAC 480-80-080 and 480-80-090. 2. Provides new options for making a tariff available to the public and defines physical access.
New Section	480-100-194	Publication of proposed tariff changes to increase charges or restrict access to services.	1. Provides the options a utility may use to notify the public of proposed rate changes or restricted service in its tariff. The company must use at least one of the methods. 2. Provides requirements for what must be included in the public notice.
New Section	480-100-195	Notice of tariff changes other than increases in recurring charges and restrictions in access to services.	1. Provides requirements for how to notice customers of minor tariff rate changes and what must be included in the notice.
New Section	480-100-197	Adjudicative proceedings where public testimony will be taken.	1. Provides the requirements for public notice and content of the notice for adjudicative proceedings where public testimony will be taken.
New Section	480-100-198	Notice verification and assistance.	1. Requires the utility to file a statement with the commission describing how it met the requirements for posting and publication.
New Section	480-100-199	Other customer notice.	1. Requires utility to provide additional notice when the commission determines additional customer education is needed.
Chapter 480-120 WAC, Telephone companies.
New Section	480-120-193	Posting of tariffs for public inspection and review.	1. Parts moved from WAC 480-80-080 and 480-80-090. 2. Provides new options for making a tariff available to the public and defines physical access.
New Section	480-120-194	Publication of proposed tariff changes to increase charges or restrict access to services.	1. Provides the options a utility may use to notify the public of proposed rate changes or restricted service in its tariff. The company must use at least one of the methods. 2. Provides requirements for what must be included in the public notice.
New Section	480-120-195	Notice of tariff changes other than increases in recurring charges and restrictions in access to services.	1. Provides requirements for how to notice customers of minor tariff rate changes and what must be included in the notice.
New Section	480-120-196	Customer notice requirements -- Competitively classified telecommunications companies or services.	1. Provides requirements for customer notice before rates or terms are changed.
New Section	480-120-197	Adjudicative proceedings where public testimony will be taken.	1. Provides the requirements for public notice and content of the notice for adjudicative proceedings where public testimony will be taken.
New Section	480-120-198	Notice verification and assistance.	1. Requires the utility to file a statement with the commission describing how it met the requirements for posting and publication.
New Section	480-120-199	Other customer notice.	1. Requires utility to provide additional notice when the commission determines additional customer education is needed.
Chapter 480-121 WAC, Registration, competitive classification and price lists of telecommunications companies.
New Section	480-121-065	Customer notice requirements -- Petition for competitive classification of a service.	1. Provides requirements for public notice for companies seeking competitive classification.
Chapter 480-80 WAC, Rules proposed for repeal.
Repeal	480-80-035	Price lists.	1. Moved to WAC 480-80-203, 480-80-241, and 480-80-242.
Repeal	480-80-040	Tariff.	1. Moved to WAC 480-80-101.
Repeal	480-80-041	Tariff.	1. Moved to WAC 480-80-203
Repeal	480-80-045	Filing of banded tariffs.	1. Moved to WAC 480-80-112.
Repeal	480-80-050	Copies of tariff to be filed.	1. Moved to WAC 480-80-104 and 480-80-105.
Repeal	480-80-060	Delivery of tariff.	1. Moved to WAC 480-80-031.
Repeal	480-80-070	Statutory notice.	1. Delivery requirements moved to WAC 480-80-031. 2. Notice requirements moved to WAC 480-80-121. 3. Failure to provide statutory notice moved to WAC 480-80-124.
Repeal	480-80-080	Tariff file at principal business office.	1. Moved to WAC 480-80-206, 480-90-193, 480-100-193, and 480-120-193.
Repeal	480-80-090	Tariff file at designated business offices.	1. Moved to WAC 480-90-193, 480-100-193, and 480-120-193.
Repeal	480-80-100	Payment agencies.	1. Repeal. Industry chapters of rules now provide company with the option of determining how to best maintain copies of its tariff available to the public.
Repeal	480-80-110	Reference to tariff file.	1. Repeal removes requirement to check tariff on file, in business office where kept, at least once every six months.
Repeal	480-80-125	Notice by utility to customers concerning hearing.	1. Moved to WAC 480-90-197, 480-100-197, and 480-120-197.
Repeal	480-80-130	Notation of receipt of tariff by agents.	1. Repeal eliminates a record-keeping requirement.
Repeal	480-80-140	Form of tariff sheets.	1. Moved to WAC 480-80-140
Repeal	480-80-150	Numbering of tariffs.	1. Moved to WAC 480-80-101(1).
Repeal	480-80-160	General arrangement of tariff.	1. Repeal removes the requirement for an issue date. 2. Other requirements moved to WAC 480-80-102, 480-80-103, and 480-80-105.
Repeal	480-80-170	Schedule designation.	1. Repeal, language unnecessary.
Repeal	480-80-180	Tariff sheet designations.	1. Moved to WAC 480-80-103(3).
Repeal	480-80-190	Numbering plan for sheets.	1. Moved to WAC 480-80-103(3).
Repeal	480-80-200	Title page.	1. Moved to WAC 480-80-102(1).
Repeal	480-80-210	Index page.	1. Moved to WAC 480-80-102(2).
Repeal	480-80-220	Rules and regulations page.	1. Moved to WAC 480-80-102(4).
Repeal	480-80-230	Rate schedule page.	1. Moved to WAC 480-80-102(5). 2. Repeals requirements for base rate area maps and telegraph rate schedules.
Repeal	480-80-240	Less than statutory notice.	1. Moved to WAC 480-80-122 and 480-80-123.
Repeal	480-80-250	Adoption notice.	1. Moved to WAC 480-80-133.
Repeal	480-80-260	Tariff of acquired utility.	1. Moved to WAC 480-80-133.
Repeal	480-80-270	Reference to tariff.	1. Moved to WAC 480-80-105.
Repeal	480-80-280	Issuing agent.	1. Repeal removes record-keeping requirement.
Repeal	480-80-290	Suspension of tariffs.	1. Statute provides authority to suspend tariffs.
Repeal	480-80-300	Rejection of tariffs.	1. Moved to WAC 480-80-132.
Repeal	480-80-310	Exceptions.	1. Moved to WAC 480-80-015.
Repeal	480-80-320	Discontinuance of service.	1. Moved to WAC 480-80-134.
Repeal	480-80-325	Contract for service.	1. First paragraph moved to WAC 480-80-141. 2. Second paragraph repealed. Will be considered in Docket No. UT-990146 in WAC 480-120-089(4). 3. This rule was moved to this chapter of rules from WAC 480-120-066 in Part A of Docket No. U-991301.
Repeal	480-80-326	Contract for gas and electric service.	1. Moved to WAC 480-80-141. 2. This rule was moved to this chapter of rules from WAC 480-90-061 and 480-100-061 in Part A of Docket No. U-991301.
Repeal	480-80-330	Telecommunications contracts.	1. Moved to WAC 480-80-142.
Repeal	480-80-335	Special contracts for electric, water, and natural gas companies.	1. Moved to WAC 480-80-143.
Repeal	480-80-340	Forms.	1. Moved to WAC 480-80-141.
Repeal	480-80-350	Refiling tariffs.	1. Moved to WAC 480-80-105.
Repeal	480-80-360	Standard tariff forms.	1. Repeal, no longer needed.
Repeal	480-80-370	Symbols.	1. Moved to WAC 480-80-105.
Repeal	480-80-380	Availability of rules.	1. Repeal. Rules will be made available to the public by the commission.
Chapter 480-120 WAC, Rules proposed for repeal.
Repeal	480-120-043	Notice to the public of tariff changes.	1. Repeal. Included in rewritten public notice rules in chapter 480-120 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Staff performed a cost analysis on information provided by stakeholders and determined that overall compliance with the proposed rules will not result in an increase in costs for companies and may result in a savings due to cost-efficiencies permitted by the proposed rules.

RCW 34.05.328 does not apply to this rule adoption. The commission is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

Hearing Location: Commission Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, on January 9, 2002, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Mary DeYoung by Monday, January 7, 2002, TDD (360) 586-8203, or (360) 664-1133.

Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504, e-mail <records@wutc.wa.gov>, fax (360) 586-1150, by December 27, 2001. Please include Docket No. U-991301 in your communication.

Date of Intended Adoption: January 9, 2002.

December 5, 2001

C. Robert Wallis

for Carole J. Washburn

Secretary

OTS-5316.3

I. GENERAL RULES
AMENDATORY SECTION(Amending Docket No. U-991301, General Order No. R-481, filed 4/4/01, effective 5/5/01)

WAC 480-80-010   Application of rules.   (((1) These rules shall apply to any public service company, defined as such by the laws of the state of Washington, as amended, operating a gas, electric, telecommunications, water or irrigation plant which is subject to the jurisdiction of the Washington utilities and transportation commission as to rates and service.

(2) Upon acceptable showing by any utility, the commission may waive or modify, as to that utility, the provisions of any rule herein contained, except when such provisions are fixed by statute.

(3) In no case shall any utility deviate from these rules unless authorized in writing by the commission.

(4) Competitively classified telecommunications companies previously granted exemptions from chapter 480-80 WAC Utilities general -- Tariff are not exempt from WAC 480-80-035 Price lists and WAC 480-80-325 Contract for service. Exemptions from the provisions of chapter 480-80 WAC include only the provisions in effect at the time the exemption was granted.)) (1) The rules in this chapter apply to any public service company that is subject to the jurisdiction of the commission as to rates and services under the provisions of RCW 80.04.010, chapters 80.28 and 80.36 RCW.

(2) The tariff, price list, and contract provisions filed by public service companies must conform with these rules. If the commission accepts a tariff, price list, or contract that conflicts with these rules, the acceptance does not constitute a waiver of these rules unless the commission specifically approves the variation consistent with WAC 480-80-015 (Exemptions from rules in chapter 480-80 WAC). Tariffs, price lists, or contracts that conflict with these rules without approval are superseded by these rules.

(3) Any affected person may ask the commission to review the interpretation of these rules by a public service company or customer by posing an informal complaint under WAC 480-09-150 (Informal complaints), or by filing a formal complaint under WAC 480-09-420 (Pleadings and briefs -- Applications for authority -- Protests).

(4) No deviation from these rules is permitted without written authorization by the commission. Violation will be subject to penalties as provided by law.

(5) Any tariff, price list, or contract on file and in effect or pending on the effective date of these rules, is not required to be refiled to comply with these rules.

[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), 480-80-010, filed 4/4/01, effective 5/5/01. Statutory Authority: RCW 80.01.040. 85-20-003 (Order R-238, Cause No. U-85-44), 480-80-010, filed 9/19/85; Order R-5, 480-80-010, filed 6/6/69, effective 10/9/69.]

(2) To request a rule exemption, a person must file with the commission a written request identifying the rule for which an exemption is sought, giving a full explanation of the reason for requesting the exemption.

(3) The commission will assign the request a docket number, if it does not arise in an existing docket, and will schedule the request for consideration at one of its regularly scheduled open meetings or, if appropriate under chapter 34.05 RCW, in an adjudication. The commission will notify the person requesting the exemption, and other affected persons, of the date of the hearing or open meeting when the commission will consider the request.

(4) In determining whether to grant the request, the commission may consider whether application of the rule would impose undue hardship on the petitioner, of a degree or a kind different from hardship imposed on other similarly situated persons, and whether the effect of applying the rule would be contrary to the purposes of the rule.

(5) The commission will enter an order granting or denying the request or setting it for hearing, pursuant to chapter 480-09 WAC.

(6) Competitive telecommunications companies previously granted exemptions from chapter 480-80 WAC Utilities general -- Tariffs, price lists, and contracts, are not exempt from Part I. and Part III. of this chapter. Exemptions from the provisions of chapter 480-80 WAC include only the provisions in effect at the time the exemption was granted. This subsection confirms that there is no change in exemptions previously granted to telecommunications companies that have been classified as competitive as a result of:

(a) Moving rules between chapters 480-80 and 480-120 WAC; and

(b) Renumbering sections within chapters 480-80 and 480-120 WAC.

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(2) The commission retains the authority to impose additional or different requirements on any public service company in appropriate circumstances, consistent with the requirements of law.

[Order R-5, 480-80-020, filed 6/6/69, effective 10/9/69.]

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(5) "Number," "numbers," "numbered" and "numbering," when used in these rules, means either a letter of the alphabet or a numeral unless otherwise specifically indicated.)) The definitions in this section apply throughout the chapter unless the context clearly requires otherwise:

"Advice number" means a number assigned by the applicant to a tariff filing or contract filing for internal tracking purposes.

"Banded rate" means a rate that has a minimum and maximum rate.

"Commission" means the Washington utilities and transportation commission.

"Competitive telecommunications company" means a telecommunications company that has been classified as competitive by the commission pursuant to RCW 80.36.300.

"Fax" means the transmittal of electronic signals over telephone lines for conversion into written text.

"Noncompetitive telecommunications company" means every telecommunications company that has not been classified as competitive by the commission.

"Price list" means a telecommunications company's standard offer to the general public or to other telecommunications companies of one or more intrastate telecommunications services that the commission has determined to be subject to effective competition.

"Public service company" means every gas company, electric company, telecommunications company, water company, or irrigation plant that is subject to the jurisdiction of the commission as to rates and service.

"RCW" means the Revised Code of Washington.

"Tariff" is a document that sets forth terms and conditions of regulated service, including rates, charges, tolls, rentals, rules, and equipment and facilities, and the manner in which rates and charges are assessed for regulated services provided to customers, and rules and conditions associated with offering service.

"Utility" means every public service company that has not been classified as competitive by the commission.

"WAC" means the Washington Administrative Code.

[Statutory Authority: RCW 80.01.040. 85-20-003 (Order R-238, Cause No. U-85-44), 480-80-030, filed 9/19/85; Order R-5, 480-80-030, filed 6/6/69, effective 10/9/69.]

(2) In person or by mail.

(a) In order to be deemed received on a given day, the commission records center must receive an original and two copies of the filing(s) and a transmittal letter by 5:00 p.m., Pacific time.

(b) A filing delivered by mail must be free from all charges for postage. The commission records center will return any postage-due filing to the sender.

(3) Fax filing.

(a) The commission must receive an original and two copies of the filing the following business day.

(b) The commission will use the date and time the fax filing is received and printed at the records center as the official file date.

(c) The commission records center must receive a faxed filing in its entirety by 5:00 p.m., Pacific time, Monday through Friday, except on state holidays, to be considered received on that business day.

(4) Electronic filing.

(a) An electronic filing must conform to commission procedures for electronic filing.

(b) After accepting an electronic filing, the commission will return an electronic mail message noting the receipt date.

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(2)(a) A utility that provides more than one kind of service, such as gas, electric, or water must file a separate tariff for each service type.

(b) Each tariff must have an official designation number, printed as WN U-number. Subsequent tariff designations must be sequentially numbered in ascending order.

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(1) Title page. The first sheet of the tariff must contain the following information:

(a) Tariff number;

(b) The canceled tariff number, when applicable;

(c) The types of services covered by the tariff;

(d) An identification of the territory to which the tariff applies;

(e) Effective date of the sheet; and

(f) The complete name, address, phone number, unified business identifier (UBI) number, and if available, the electronic mail address and web page address of the issuing utility.

(2) Index or table of contents. The second section of the tariff must be updated, when applicable, whenever a tariff sheet is added, revised, or canceled. It must include:

(a) Tariff number;

(b) Name of the utility issuing the tariff;

(c) Effective date of the revised index or table of contents sheet; and

(d) A complete and accurate list of the contents of the tariff.

(3) Legend of symbols. This section must identify all symbols used in the tariff to identify changes resulting from the filing of the specific sheet change. The list must include the required symbols and their meanings, and any other utility-specific symbol with its meaning consistent with the requirements identified in WAC 480-80-105(4).

(4) Rules section. The rules section sets forth the conditions governing services under the tariff.

(a) The rules section must include the following, when applicable:

(i) Application for service;

(ii) Definition of service;

(iii) Reconnection charge;

(iv) Service connection;

(v) Installation of meters;

(vi) Distribution main or line extension unless specified in a rate schedule;

(vii) Responsibility for, and maintenance of, distribution plant and service lines;

(viii) Access to premises;

(ix) Interruptions to service;

(x) Bills;

(xi) Deposits;

(xii) Delinquent accounts;

(xiii) Discontinuance of service; and

(xiv) The method the utility will use to give notice to its customers of changes within the limits of a banded rate.

(b) Gas companies must also include the requirements set out in:

(i) WAC 480-90-233 (Purchased gas adjustment) (may be included in rules section or rates section);

(ii) WAC 480-90-303 (Heating value of gas); and

(iii) WAC 480-90-343 (Statement of meter test procedures).

(c) Electric companies must also include the requirements set out in WAC 480-100-343 (Statement of meter test procedures).

(d) Rules for specific services may be included in either the rate schedule section or the rules section.

(5) Rate schedule section.

(a) Rate schedule sheets must include the following, when applicable:

(i) Schedule number;

(ii) A title that accurately describes the service;

(iii) Availability;

(iv) The rates to be paid for the service;

(v) Any special terms or conditions associated with the service or the calculation of rates to be paid for the service.

(b) Noncompetitive telecommunications companies must also provide the following information, when applicable, based upon the type of service offered:

(i) Exchange service rate schedules that include:

(A) Primary rate schedules;

(B) Private branch exchange rate schedules;

(C) Miscellaneous rate schedules; and

(D) Exchange area maps.

(ii) Inter-exchange service rate schedules that include:

(A) Basic rate schedules;

(B) Supplementary rate schedules; and

(C) List of toll points.

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(a) A utility must clearly print or type all tariffs on eight and one-half inch by eleven inch paper, with at least one-half inch margins on each side.

(b) The tariff sheet must include a blank space at least two inches wide and one and one-half inches high in the upper right hand corner of the sheet for commission use.

(c) Tariff sheets filed electronically must meet the requirements set forth in the applicable commission procedures.

(2) Sheet requirements. Each tariff sheet must specify:

(a) The designated tariff number;

(b) The tariff sheet revision number;

(c) The name of the utility issuing the tariff; and

(d) The effective date.

(3) Sheet numbering. Each tariff sheet must have a unique sheet number.

(a) The utility must designate the initial tariff sheet as the "original sheet."

(b) All subsequent revisions must be in sequential order and indicate the cancellation of the superseded sheet as follows:

On the first revision, designate the sheet as:

FIRST (or 1st) REVISION OF SHEET

CANCELING

ORIGINAL SHEET

On the second revision, designate the sheet as:

SECOND (or 2nd) REVISION OF SHEET

CANCELING

FIRST REVISION OF SHEET

(c) Each tariff revision sheet must use consecutive revision numbers and indicate the cancellation of the superseded sheet.

(d) A utility may reuse revision numbers assigned to sheets that were rejected or withdrawn for subsequent tariff changes.

(e) A utility may not reuse sheet numbers assigned to tariff sheets that are canceled and removed from the tariff during the life of the tariff unless the utility specifies that the sheet is reserved for future use.

(f) A utility may assign sheet numbers to sheets intended for future use.

(4) Authorizing signature.

(a) When the tariff sheets are submitted without a signature, the utility must include a statement in the transmittal letter certifying that the submitting person has authority to issue tariff revisions on behalf of the utility; or

(b) When the tariff sheets are submitted with a signature, such signature constitutes a certification that the person signing the tariff sheet has the authority to issue the tariff sheets on behalf of the utility.

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(1) Identify all new tariffs or contracts, or identify the tariff or contract changes;

(2) Explain in understandable terms why the tariff or contract filing is being submitted;

(3) Specify the changes requested in clear and concise terms and define any acronyms used;

(4) Refer to the commonly used name of the service, the advice number, if known, and the docket number, if applicable;

(5) Include the advice number if the utility uses consecutively numbered advice letters;

(6) Describe the general effect of, and reasons for, tariff or contract filings involving only text changes;

(7) Describe which services are affected, and the dollar amount and percentage of increase or decrease if the filing is a rate change. If a combination of changes is filed (i.e., increases and decreases), each change should be described, as well as the net effect on company revenues; and

(8) If the utility does not include an authorizing signature on the tariff sheets, include a statement certifying that the submitting person has authority to issue tariff revisions on behalf of the utility.

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(a) Comply with statutory notice requirements;

(b) Specify the requested effective date of the tariff sheet;

(c) Include an original and two copies of each tariff sheet unless it is filed electronically; and

(d) Be accompanied by a transmittal letter as set forth in WAC 480-80-104.

(2) Tariff filings must comply with the requirements set forth in chapter 480-09 WAC, where applicable.

(3) The tariff filing must include information sufficient to determine that the proposed tariff is fair, just, and reasonable.

(4) Tariff symbols. Each time a tariff sheet(s) is revised, a utility must code all changes with the tariff symbol that best reflects the purpose and effect of the change. A utility:

(a) Must locate the symbols on the right hand side of the changed text directly across from the change;

(b) Must use the following list of symbols to signify:

D - discontinued rate, service, regulation or condition;

N - new rate, service, regulation, condition or sheet;

I - a rate increase;

R - a rate reduction;

C - changed condition or regulation;

K - that material has been transferred to another sheet in the tariff. (A footnote is required on the tariff sheet to identify the material's new sheet number);

M - that material has been transferred from another sheet in the tariff. (A footnote is required on the tariff sheet to identify the material's former sheet number);

T - a change in text for clarification;

O - no change. (This symbol is discretionary unless specifically requested by the commission); and

(c) May use additional symbols for other purposes when it has identified the symbols in its tariff as provided for in WAC 480-80-102(3).

(5) A utility must not give effect to revised tariff sheets until the commission approves the tariff filing by issuing an order or the new or changed provisions become effective by operation of law.

(6) When a tariff sheet(s) becomes effective, the commission will return one copy of the transmittal letter and one copy of each tariff sheet to the utility marked with the receipt date.

(7) The commission may require a utility to refile the tariff in its entirety should circumstances warrant it.

(8) If the commission issues an order directing a utility to refile all or a portion of its tariff, the utility must refile marking each affected sheet with the docket number.

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(a) There is no material change to the terms and conditions of service contained in the pending tariff sheet. This restriction does not apply to changes made to address commission concerns with the filing;

(b) The change does not increase the rates contained in the pending tariff sheet; or

(c) The change is to make typographical corrections to the pending tariff sheet.

(2) The filing must include a transmittal letter as set forth in WAC 480-80-104. The substitute filing must include the notation "Do Not Redocket."

(3) The commission retains discretion to reject any substitute tariff sheets where doing so is in the public interest.

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(a) A statement supporting the use of a banded rate tariff rather than a tariff with fixed rates;

(b) A verifiable cost of service study supporting the contention that the minimum rate in the banded rate tariff covers the cost of the service. Costs will be determined under a long-run incremental cost analysis, including the price charged to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method; and

(c) Information detailing the revenue impact of the proposed banded rate tariff.

(2) Gas and electric companies. Gas and electric companies may file banded rate tariffs for any nonresidential gas or electric service that is subject to effective competition from energy suppliers not regulated by the commission. When a gas or electric company files for a banded rate tariff, the filings must, at a minimum, be accompanied with the following:

(a) A statement supporting the use of a banded rate tariff rather than a tariff with fixed rates;

(b) A verifiable cost of service study supporting the contention that the minimum rate in the banded rate tariff covers all costs resulting from providing the service and provides a contribution to fixed costs; and

(c) Information detailing the revenue impact of the proposed banded rate tariff.

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(2) The statutory notice period begins on the date the commission receives the tariff filing, in accordance with WAC 480-80-031.

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(a) Utility information:

(i) Name and address of utility;

(ii) Telephone number, e-mail address, and fax number; and

(iii) Name of contact person for the filing.

(b) Tariff identification information:

(i) Number of the tariff being amended;

(ii) Title of the tariff item(s) being amended, if applicable; and

(iii) Number of the tariff sheet being amended.

(c) Concise description of the changes being proposed;

(d) Reason(s) for requesting LSN handling;

(e) Effective date requested; and

(f) If the utility does not include an authorizing signature on the tariff sheets, a statement certifying that the submitting person has authority to issue tariff changes on behalf of the utility.

(2) A utility requesting LSN must file tariff sheets with an effective date that reflects the required statutory notice period.

(3) If the LSN request is granted, the commission will issue an order directing that the tariff sheets be revised to reflect the authorized LSN effective date.

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(2) The filing must include a transmittal letter as set forth in WAC 480-80-104.

(3) Tariff changes that do not require statutory notice include:

(a) Initial tariffs filed by a newly regulated utility;

(b) A filing for a service not previously contained within a regulated utility's existing tariff;

(c) A tariff change that does not affect the public; and

(d) A change in a banded rate when notice to customers has been or will be given in accordance with tariff rules applicable to the service.

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(1) The name and address of the utility;

(2) Docket number;

(3) Advice number, if applicable;

(4) The name of the contact person for the withdrawal;

(5) An explanation of why it is requesting the withdrawal; and

(6) A statement certifying that the submitting person has authority to withdraw the filing on behalf of the utility.

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(a) Transfer of all or part of the operating control or ownership; or

(b) Utility name change.

(2) The acquiring utility must file the tariff adoption notice if there is a change in ownership or operating control. The surviving utility must file the tariff adoption notice if there is a name change.

(3) Content of the tariff adoption notice must contain, at a minimum, the following:

(Name of Utility) adopts and makes its own in every respect all tariffs, supplements and amendments filed with the Washington Utilities and Transportation Commission by (Name of Previous Utility or Prior Name of the Utility) prior to (Date).

(4) The tariff adoption notice may be made effective on one day's notice.

(5) In the event of a change in control or ownership, as described above, the utility adopting the tariff must file to incorporate the adopted tariff in its own tariff within sixty days of the date of the filing of the adoption notice. In the event of a name change the time limit is one year.

(6) Until the utility that adopted a tariff refiles the tariff in its own name, all changes after the adoption must include:

(a) The name of the utility whose tariff was adopted at the top of the sheet; and

(b) The name of the utility that adopted the tariff at the bottom of the sheet.

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(2) If the utility chooses to use service contracts, the utility must provide the commission with samples of the service contracts.

(a) Gas, electric, and water companies must provide the commission with samples of all service contracts currently in use.

(b) Noncompetitive telecommunications companies must provide the commission with samples of current service contracts within five days after a request by the commission.

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(a) All contracts for retail sale to end-use customers of intrastate telecommunications services not classified as competitive that:

(i) State rates, charges, prices, terms, or conditions that are not consistent with any existing tariff; or

(ii) Provide for telecommunications services not specifically addressed in the noncompetitive telecommunications company's existing tariffs.

(b) Any significant modification of a previously executed contract will be treated as a new contract.

(c) A service order made pursuant to a filed contract is not itself a contract or contract amendment and need not be filed with the commission.

(2) Duration. All contracts must be for a stated time period.

(3) Ratemaking disclaimer. Unless otherwise provided by the commission, approval of contracts will not be determinative with respect to the expenses and revenues of the company for subsequent ratemaking considerations.

(4) Types of telecommunications contracts. The following types of telecommunications contracts have special or unique features, effective dates, and requirements:

(a) Federal, state, and local government "firm bid" contracts are governed under subsection (5) of this section.

(b) School, library, and rural health care (RHC) provider contracts entered into pursuant to 47 CFR, Part 54, are governed under subsection (6) of this section.

(c) All other retail contracts are governed under subsection (7) of this section.

SUMMARY COMPARISON OF THE DIFFERENT TYPES OF RETAIL CONTRACTS
Subsection	Contract Type	When to File	Effective Date
(5)	Federal, State, and Local Firm Bid	no later than fifteen days after acceptance	when filed or later as specified
(6)	47 CFR Part 54; Schools, Libraries, and RHCs	no later than fifteen days after acceptance	when filed or later as specified
(7)	All other retail contracts	no later than thirty days prior to the proposed effective date	at least thirty days after filing

(5) Federal, state, and local government "firm bid" contracts - filing requirements and effective dates. Where a government agency asserts its authority to solicit a firm offer of services, and a contract subject to this section is submitted in response to that solicitation, the noncompetitive telecommunications company must file the contract with the commission no later than fifteen days after acceptance. The filing must include the same documentation as required for approval by subsection (7)(b) of this section and, if applicable, subsection (8) of this section. The contract will become effective at the time specified in the contract, but not earlier than when filed with the commission.

(6) School, library, and RHC provider contracts - filing requirements and effective dates. A telecommunications company that enters into a contract to provide service to a school, library, or RHC provider, as part of the federal universal service program, must file the contract with the commission no later than fifteen days after acceptance by the administrator of the federal universal service program. The filing must include the same documentation as required for approval by subsection (7)(b) of this section and, if applicable, subsection (8) of this section. The contract will become effective at the time specified in the contract, but not earlier than when filed with the commission.

(7) All other retail contracts - standard filing requirements and effective dates.

(a) Contracts must be filed with the commission not less than thirty days before the proposed effective date of the contract.

(b) Each application filed for commission approval of a contract must:

(i) Include a complete copy of the proposed contract;

(ii) Show that the contract meets the requirements of RCW 80.36.170 (Prohibiting unreasonable preference) and RCW 80.36.180 (Prohibiting rate discrimination);

(iii) Demonstrate, at a minimum, that the contract charges cover the company's cost of providing the service. Costs will be determined under a long-run incremental cost analysis, including the price charged by the offering company to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method.

(iv) Summarize the basis of the charge(s) proposed in the contract and explain the derivation of the proposed charge(s) including all cost computations involved; and

(v) Indicate the basis for using a contract rather than a filed tariff for the specific service involved.

(c) Contracts will become effective on the effective date stated on the contract or thirty days after the filing date, whichever occurs later, unless suspended or rejected by the commission. The commission may approve an earlier effective date, in which event the contract shall not become effective on a date that precedes commission approval. A request for an earlier effective date must include a complete explanation of why an earlier effective date is appropriate.

(8) Confidentiality. Filings under this section may be submitted with portions designated "confidential" pursuant to WAC 480-09-015. However, any filing that designates as "confidential" the essential terms and conditions will be rejected by the commission as not in compliance with the public inspection requirement of RCW 80.36.150(1). Essential terms and conditions are:

(a) Nature, characteristics, and quantity of the service provided;

(b) Duration of the contract, including the stated effective date, ending date, and any options to renew;

(c) Charge(s) for service, including minimum charge provisions; and

(d) Geographic location(s), such as exchange or city, where service will be provided.

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(a) State charges or conditions that do not conform to any existing tariff; or

(b) Provide for utility services not specifically addressed in the gas, electric, or water company's existing tariffs.

(2) Any significant modification of a previously executed contract will be treated as a new contract for purposes of this section.

(3) Essential terms and conditions of all contracts filed pursuant to this section are considered a part of the gas, electric, or water company's filed tariffs and are subject to enforcement, supervision, regulation, control, and public inspection as such.

(4) Filing and effective dates. The contract will become effective on the effective date stated in the contract or thirty days after the filing date, whichever occurs later, unless suspended or rejected by the commission. The commission may approve an earlier effective date, in which event the contract shall not become effective on a date that precedes commission approval. A request for an earlier effective date must include a complete explanation of why an earlier effective date is appropriate.

(5) Each application filed for commission approval of a contract must:

(a) Include a complete copy of the proposed contract;

(b) Show that the contract meets the requirements of RCW 80.28.090 (Prohibiting unreasonable preference) and RCW 80.28.100 (Prohibiting rate discrimination);

(c) Demonstrate, at a minimum, that the contract charges recover all costs resulting from providing the service during its term, and, in addition, provide a contribution to the gas, electric, or water company's fixed costs;

(d) Summarize the basis of the charge(s) proposed in the contract and explain the derivation of the proposed charge(s) including all cost computations involved; and

(e) Indicate the basis for using a contract rather than a filed tariff for the specific service involved. If the basis for using a contract is the availability of an alternative service provider, identify that provider.

(6) All contracts must be for a stated time period, except for contracts for water line extensions. The commission may approve terms and conditions that prescribe the charge(s) to be applied during the time period, if such charge(s) are found to be appropriate. Unless otherwise provided by the commission, such approval will not be determinative with respect to the expenses and revenues of the utility for subsequent ratemaking considerations.

(7) Filings under this section may be submitted with portions designated "confidential" pursuant to WAC 480-09-015. However, any filing that designates the essential terms and conditions of the contract as "confidential" shall be rejected by the commission as not in compliance with the public inspection requirement of RCW 80.28.050. Essential terms and conditions are:

(a) Identity of the customer;

(b) Nature and characteristics of the service provided, including interruptible, firm, or peak delivery;

(c) Duration of the contract, including any options to renew;

(d) Charge(s) for service, including minimum charge provisions;

(e) Geographic location where service will be provided; and

(f) Additional obligations specified in the contract, if any.

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(2) A telecommunications company authorized to file a price list may file a tariff for a service. If a company elects to offer a competitive service by tariff, the company and the service will be subject to all rules and laws applicable to fully regulated services, and any waivers of rule or law otherwise applicable to competitive services or competitive companies will not apply.

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(2) If the commission determines that a telecommunications company's price list or other offer of service is ambiguous or conflicts with other offers, there is a rebuttable presumption that the conflict or ambiguity should be construed in favor of the customer.

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(1) Identify all new price lists or contracts, or identify the price list or contract changes;

(2) Specify the changes requested in clear and concise terms and define any acronyms used;

(3) Describe which services are affected, and the dollar amount and percentage of increase or decrease if the filing is a rate change; and

(4) Describe the general effect of, and reasons for, price list or contract filings involving only text changes.

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(2) A price list must:

(a) Plainly state the places where the offered telecommunications service will be rendered;

(b) Include the effective date clearly marked on each page;

(c) Conform to all applicable laws, rules, and orders. The filing of a nonconforming price list will not be deemed a waiver of the law, rule, or order. A company may not enforce a price list provision that conflicts with a law, rule, or order unless the commission waives that law, rule, or order.

(3) A price list of a competitive telecommunications company may state the rates, charges, or prices as maximum amounts rather than as specific prices.

(4) A price list of a noncompetitive telecommunications company offering a service classified as competitive under RCW 80.36.330 may state the rates, charges, or prices as maximum and minimum amounts rather than as specific prices. The minimum price must comply with the cost requirement in subsection (6) of this section.

(5) A transmittal letter must accompany a price list filing in compliance with the provisions of WAC 480-80-203.

(6) The rates, charges, and prices of services classified as competitive under RCW 80.36.330 must cover the cost of providing the service. Costs must be determined using a long-run incremental cost analysis, including the price charged by the offering company to other telecommunications companies for any essential function used to provide the service, or any other commission-approved cost method.

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(a) The effective date stated in the price list;

(b) Ten days after it is filed with the commission, as required by RCW 80.36.320(2) and 80.36.330(2); or

(c) Ten days after any existing customers are provided actual notice of the change in accordance with WAC 480-120-196.

(2) This section does not apply to the filing of initial price lists as a part of an application for registration and competitive classification under chapter 480-121 WAC.

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(2) Each telecommunications company offering service under a price list must provide to any customer making a written or oral request a copy of the price list sheets applicable to that customer's service. The telecommunications company must provide the price list at no charge to the customer. This subsection does not apply if the telecommunications company makes available for public inspection, at a location within the customer's exchange, a complete copy of the price list.

(3) Each telecommunications company offering service under a price list must include in each customer bill or notice:

(a) The Internet address (uniform resource locator) of the website containing its price list; and

(b) The toll-free telephone number to use in requesting price list copies and a statement that there is no charge for the price list copy. If a company is not required by subsection (2) of this section to provide price list copies, it must instead provide the address, telephone number, and business hours of the location within the customer's exchange at which a complete copy of the price list is available for public inspection.

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(2) A telecommunications company must file with the commission any contract with an end-user for retail intrastate telecommunications service if the service is not included in its price list or the contract contains prices, terms, or conditions other than those in its price list. A telecommunications company is not required to file a contract with prices below the maximum prices in the price list, as provided for in WAC 480-80-204(3), or within the maximum and minimum prices in the price list, as provided for in WAC 480-80-204(4), if the contract is otherwise consistent with the price list.

(3) Any significant modification to a previously executed contract is a new contract and must be filed as required by this section.

(4) Unless the contract includes a provision allowing the commission to reject it during the first fifteen days after it is filed, any contract required by subsection (2) of this section to be filed with the commission will become effective on the later of (a) its stated effective date or (b) ten days after it is filed with the commission. The deadline for filing a contract that provides for commission rejection within fifteen days of filing is fifteen days after its stated effective date.

(5) A telecommunications company may submit filings under this section with portions designated "confidential" pursuant to WAC 480-09-015. However, the commission will reject any filing that designates as "confidential" the essential terms and conditions of a contract as defined in WAC 480-80-142(8).

(6) A telecommunications company filing a contract for a service classified as competitive under RCW 80.36.330 must provide information demonstrating that the contract prices comply with the cost requirement in WAC 480-80-204(6).

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(2) All contracts will be for a stated time period.

(3) A contract will be enforceable by the contracting parties according to its terms even if the telecommunications company fails to file the contract where required by WAC 480-80-241.

(4) Any contract for a service classified as competitive under RCW 80.36.330 must comply with the cost requirement in WAC 480-80-204(6).

(5) A contract must not include both "price listed" and "tariffed" services unless the tariffed services are set forth separately (see WAC 480-80-142).

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     The following sections of the Washington Administrative Code are repealed:

WAC 480-80-035	Price lists.
WAC 480-80-040	Tariff.
WAC 480-80-041	Tariff.
WAC 480-80-045	Filing of banded tariffs.
WAC 480-80-050	Copies of tariff to be filed.
WAC 480-80-060	Delivery of tariff.
WAC 480-80-070	Statutory notice.
WAC 480-80-080	Tariff file at principal business office.
WAC 480-80-090	Tariff file at designated business offices.
WAC 480-80-100	Payment agencies.
WAC 480-80-110	Reference to tariff file.
WAC 480-80-125	Notice by utility to customers concerning hearing.
WAC 480-80-130	Notation of receipt of tariff by agents.
WAC 480-80-140	Form of tariff sheets.
WAC 480-80-150	Numbering of tariffs.
WAC 480-80-160	General arrangement of tariff.
WAC 480-80-170	Schedule designation.
WAC 480-80-180	Tariff sheet designation.
WAC 480-80-190	Numbering plan for sheets.
WAC 480-80-200	Title page.
WAC 480-80-210	Index page.
WAC 480-80-220	Rules and regulations page.
WAC 480-80-230	Rate schedule page.
WAC 480-80-240	Less than statutory notice.
WAC 480-80-250	Adoption notice.
WAC 480-80-260	Tariff of acquired utility.
WAC 480-80-270	Reference to tariff.
WAC 480-80-280	Issuing agent.
WAC 480-80-290	Suspension of tariffs.
WAC 480-80-300	Rejection of tariffs.
WAC 480-80-310	Exceptions.
WAC 480-80-320	Discontinuance of service.
WAC 480-80-325	Contract for service.
WAC 480-80-326	Contract for gas and electric service.
WAC 480-80-330	Telecommunications contracts.
WAC 480-80-335	Special contracts for electric, water, and natural gas companies.
WAC 480-80-340	Forms.
WAC 480-80-350	Refiling tariffs.
WAC 480-80-360	Standard tariff forms.
WAC 480-80-370	Symbols.
WAC 480-80-380	Availability of rules.

OTS-5317.2

AMENDATORY SECTION(Amending Docket No. U-991301, General Order No. R-481, filed 4/4/01, effective 5/5/01)

WAC 480-90-193   ((Notice to the public of tariff changes.)) Posting of tariffs for public inspection and review.   (((1) Except as to variations between the prescribed maximum and minimum rates in banded tariffs previously authorized by the commission, every utility desiring to change, modify, cancel or annul any rate, must place on file the tariff containing such modification or change at its listed business offices in the territory affected thereby for a period of at least thirty days prior to the expiration of statutory notice in connection therewith. A notice, coincident with or immediately prior to the date of such filing, that such tariff is on file at said offices shall be posted at the cashier's windows or other places where the customers pay their bills at the aforesaid offices. Said posted notice shall give anyone viewing same a brief summary as to the content of the tariff; state that the tariff is being submitted to the Washington utilities and transportation commission at Olympia; indicate the inserted effective date thereof; and relate that a copy of the tariff is available for inspection.

(2) If there is no listed business office in the territory to be affected by a tariff proposal subject to this notification but there is a payment agency therein, posted notice with the same content and timing as set forth above shall be employed at each such agency which notice, in addition thereto, shall give the name, address and telephone number of the nearest listed business office responsible for that service area at which such tariff may be examined in person without assigning any reason therefor.

(3) In lieu of the above posted notice, insofar as payment agencies are concerned, the utility may stamp or print on each bill or envelope in which such bill is mailed, enclose therewith or separately mail, with the same content as set forth above with respect to the posted notice in payment agencies and at the earliest practicable date subsequent to filing, a notice to each subscriber to be affected by the tariff proposal. Commencing ninety days or earlier from July 31, 1959, the latter procedure must be followed in those instances where a utility does not have a listed business office or a payment agency in the service area where notice, as set forth above, could otherwise be employed in a service area subject to a tariff proposal falling within this notification procedure.

(4) Whenever the alternative provision is chosen or must be used, the utility shall use such other adequate and appropriate means of notification, on or by the filing date, that will reasonably insure notice to the public of tariff revisions proposed and the effect on the public in the service area or areas involved. Such other notification may include personal contacts, letters or mailing pieces, newspaper articles or advertisements and radio and television announcements.

(5) The commission may require such other notification to the public as may be necessary in any particular case of tariff filing: Provided, That where a tariff or a part of a tariff is filed involving no increase in charges to its patrons; where the users to be affected by a tariff change are so few in number the utility chooses to advise each by direct mail or contact; or where there is no one to be affected by the tariff proposal, the utility may forego posting of notice relative thereto and will not be required to have a copy of the proposed tariff available for inspection.

(6) The inserted effective date, unless otherwise directed, shall be a date not less than thirty days after the date the commission receives the tariff. Also, if the commission permits the tariff to become effective without statutory notice, the period of notice to the public shall still be for at least thirty days after the date the commission receives the tariff.)) Each natural gas utility offering service under tariff must make available for public inspection and review all tariffs governing its provision of service, as required by RCW 80.28.050. To comply with this requirement, a utility must fulfill the provisions of either subsection (1) or (2) of this section.

(1) Web, telephone, and mail access. The utility must:

(a) Maintain a complete copy of its tariff or tariffs and all proposed tariff changes on an Internet website accessible to the public using generally available browser software;

(b) Provide a toll-free telephone number by which customers and applicants can obtain assistance during normal business hours from a company agent qualified to assist the customer in locating, interpreting, and applying tariff provisions;

(c) Upon written or oral request by any customer or applicant, deliver at no charge a copy of any current, proposed or most recently canceled tariff page that relates to the customer's or applicant's service; and

(d) Include on each customer bill and notice the address of the tariff website and the toll-free telephone number.

(2) Physical access. The utility must make available for public inspection and copying a complete copy of its tariff or tariffs, all most recently canceled tariff sheets, and all proposed tariff changes at one or more offices in each county where it offers service, except: A single office may serve more than one county if the office is within twenty miles of all customers in the county where no tariff is posted. The utility must provide at each office either an agent qualified to assist the customer in locating, interpreting, and applying tariff provisions or access to such an agent by a toll-free telephone number.

[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), 480-90-193, filed 4/4/01, effective 5/5/01.]

(1) Thirty-day notice to individual customers. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, mail the posting to each customer that would be affected by the proposed change. The posting must include the information listed in subsection (4) of this section.

(2) Published notice. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, publish notice of the proposed change within the geographical areas where it offers service. To meet minimum publication requirements, a utility must:

(a) Distribute copies of the published notice to community agencies and organizations in the geographic area where it offers service for posting and publication by the agency or organization. The utility must include in its distribution list any agency or organization that requests these notices;

(b) Cause to be printed in large print, as a paid advertisement, a complete copy of the published notice in the daily newspaper of general circulation with the greatest number of subscribers in each geographic area or each of the areas affected by the proposed tariff;

(c) Provide to the news editor of every newspaper, television station, and radio station, in the geographic area within which it offers service a news release or public service announcement summarizing the published notice. The release or announcement must include a toll-free number that customers can use to obtain more information from the natural gas utility. The commission will maintain a list of area newspapers, television and radio stations and will provide it on request to any utility; and

(d) Post a complete copy of the published notice on an Internet website accessible to the public using generally available browser software.

(3) Reduced publication with shortened notice to individual customers. To comply under this method, the utility must:

(a) Mail the posting to each customer that would be affected by the proposed change at least fifteen days before the stated effective date of the proposed change;

(b) At the time of the utility's filing with the commission, distribute copies of the published notice in the same manner as provided in subsection (2)(a) of this section;

(c) At the time of the utility's filing with the commission, provide news media notice in the same manner as provided in subsection (2)(c) of this section; and

(d) At the time of the utility's filing with the commission, post a complete copy of the published notice in the same manner as provided in subsection (2)(d) of this section.

(4) Content of postings. The published notice required by this rule must include, when applicable:

(a) The date the notice is issued;

(b) The utility's name and address;

(c) A brief explanation of the reason(s) the utility has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, and increased office expenses, such as postage and customer billing);

(d) A comparison of current and proposed rates by service;

(e) An example showing the monthly increase of the average customer's bill based on the proposed rates (e.g., "based on the proposed rates, a typical gas customer using an average of eighty therms per month would see an average monthly increase of $2.74.");

(f) When the rates will be billed (i.e., monthly or bimonthly);

(g) The requested effective date and, if different, the implementation date;

(h) A statement that the commission has the authority to set final rates that may vary from the utility's request, which may be either higher or lower depending on the results of the investigation;

(i) A description of how customers may contact the utility if they have specific questions or need additional information about the proposal; and

(j) Public involvement language. A utility may choose from:

(i) Commission-suggested language that is available from the commission's designated public affairs officer; or

(ii) Utility-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation:

(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and

(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.

(5) Optional method of publication for purchase gas adjustment (PGA). A utility that publishes notice of a PGA filing pursuant to this subsection is not required to publish notice of the filing pursuant to subsection (1), (2), or (3) of this section.

(a) The utility must provide notice to affected customers before and after final commission disposition. Notice before commission disposition is to educate customers of a potential increase in natural gas prices. Notice after commission disposition is to inform customers of the new rates.

(b) Prior PGA notice. The notice must:

(i) Clearly define what a PGA is and explain how it works;

(ii) State whether the utility expects an increase or decrease in the upcoming filing; and

(iii) Include a utility contact phone number for additional information.

(c) The utility must mail the notice to each affected customer. The utility must also send the notice or a press release about the increase to every daily paper within its service territory.

(d) Method permitted for prior notice: A newsletter, bill insert, bill message, or separate mailing to customers.

(e) Post notice. Customer notice after final commission disposition is provided pursuant to WAC 480-90-195.

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(2) A utility that files a tariff change to increase any charge that a customer may incur without being quoted a rate or price (e.g., late payment fees, insufficient fund charges, or a one-time charge) must provide notice to each affected customer on or with the first bill after the change becomes effective.

(a) Content of notice. At a minimum, the notice must include the effective date, a clear description of changes to rates or services and a utility contact number where customers may seek additional information.

(b) Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.

(3) A utility that files a tariff change that decreases rates, including promotions that temporarily waive recurring or nonrecurring charges, or that changes terms or conditions without restricting access to the service, must publish the change in the manner it posts tariffs under WAC 480-90-193.

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(2) Content of notice. The notice must include all information contained in WAC 480-90-194(4), except the public involvement information in WAC 480-90-194 (4)(j). A utility must include either of the following public involvement language:

(a) Commission-suggested language that is available from the commission's designated public affairs officer; or

(b) Utility-developed language that must include the commission's mailing address, toll-free number, docket number, and a brief explanation:

(i) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail;

(ii) How to contact the commission for process questions; and

(iii) The date, time and location of the public hearing.

(3) Methods of notice. Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.

(4) Who must receive notice. In addition to each affected customer, a utility must notify at least one newspaper of general circulation, and at least one radio station and at least one television station in the area or each of the areas affected.

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(a) The methods used to post, publish, and/or give notice to customers;

(b) When and how the notice was posted, published, and/or issued to customers;

(c) How many customers are affected; and

(d) A copy of the notice.

(2) Commission assistance. A utility may request assistance from the commission's designated public affairs officer with efforts to comply with WAC 480-90-193 through 480-90-197.

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OTS-5318.2

AMENDATORY SECTION(Amending Docket No. U-991301, General Order No. R-481, filed 4/4/01, effective 5/5/01)

WAC 480-100-193   ((Notice to the public of tariff changes.)) Posting of tariffs for public inspection and review.   (((1) Except as to variations between the prescribed maximum and minimum rates in banded tariffs previously authorized by the commission, every utility desiring to change, modify, cancel or annul any rate, must place on file the tariff containing such modification or change at its listed business offices in the territory affected thereby for a period of at least thirty days prior to the expiration of statutory notice in connection therewith. A notice, coincident with or immediately prior to the date of such filing, that such tariff is on file at said offices shall be posted at the cashier's windows or other places where the customers pay their bills at the aforesaid offices. Said posted notice shall give anyone viewing same a brief summary as to the content of the tariff; state that the tariff is being submitted to the Washington utilities and transportation commission at Olympia; indicate the inserted effective date thereof; and relate that a copy of the tariff is available for inspection.

(2) If there is no listed business office in the territory to be affected by a tariff proposal subject to this notification but there is a payment agency therein, posted notice with the same content and timing as set forth above shall be employed at each such agency which notice, in addition thereto, shall give the name, address and telephone number of the nearest listed business office responsible for that service area at which such tariff may be examined in person without assigning any reason therefor.

(3) In lieu of the above posted notice, insofar as payment agencies are concerned, the utility may stamp or print on each bill or envelope in which such bill is mailed, enclose therewith or separately mail, with the same content as set forth above with respect to the posted notice in payment agencies and at the earliest practicable date subsequent to filing, a notice to each subscriber to be affected by the tariff proposal. Commencing ninety days or earlier from July 31, 1959, the latter procedure must be followed in those instances where a utility does not have a listed business office or a payment agency in the service area where notice, as set forth above, could otherwise be employed in a service area subject to a tariff proposal falling within this notification procedure.

(4) Whenever the alternative provision is chosen or must be used, the utility shall use such other adequate and appropriate means of notification, on or by the filing date, that will reasonably insure notice to the public of tariff revisions proposed and the effect on the public in the service area or areas involved. Such other notification may include personal contacts, letters or mailing pieces, newspaper articles or advertisements and radio and television announcements.

(5) The commission may require such other notification to the public as may be necessary in any particular case of tariff filing: Provided, That where a tariff or a part of a tariff is filed involving no increase in charges to its patrons; where the users to be affected by a tariff change are so few in number the utility chooses to advise each by direct mail or contact; or where there is no one to be affected by the tariff proposal, the utility may forego posting of notice relative thereto and will not be required to have a copy of the proposed tariff available for inspection.

(6) The inserted effective date, unless otherwise directed, shall be a date not less than thirty days after the date the commission receives the tariff. Also, if the commission permits the tariff to become effective without statutory notice, the period of notice to the public shall still be for at least thirty days after the date the commission receives the tariff.)) Each electric utility offering service under tariff must make available for public inspection and review all tariffs governing its provision of service, as required by RCW 80.28.050. To comply with this requirement, a utility must fulfill the provisions of either subsection (1) or (2) of this section.

(1) Web, telephone, and mail access. The utility must:

(a) Maintain a complete copy of its tariff or tariffs and all proposed tariff changes on an Internet website accessible to the public using generally available browser software;

(b) Provide a toll-free telephone number by which customers and applicants can obtain assistance during normal business hours from a company agent qualified to assist the customer in locating, interpreting, and applying tariff provisions;

(c) Upon written or oral request by any customer or applicant, deliver at no charge a copy of any current, proposed or most recently canceled tariff page that relates to the customer's or applicant's service; and

(d) Include on each customer bill and notice the address of the tariff website and the toll-free telephone number.

(2) Physical access. The utility must make available for public inspection and copying a complete copy of its tariff or tariffs, all most recently canceled tariff sheets, and all proposed tariff changes at one or more offices in each county where it offers service, except that: A single office may serve more than one county if the office is within twenty miles of all customers in the county where no tariff is posted. The utility must provide at each office either an agent qualified to assist the customer in locating, interpreting, and applying tariff provisions or access to such an agent by a toll-free telephone number.

[Statutory Authority: RCW 80.04.160 and 80.01.040. 01-09-002 (Docket No. U-991301, General Order No. R-481), 480-100-193, filed 4/4/01, effective 5/5/01.]

(1) Thirty-day notice to individual customers. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, mail the posting to each customer that would be affected by the proposed change. The posting must include the information listed in subsection (4) of this section.

(2) Published notice. To comply under this method, the utility must, at least thirty days before the stated effective date of the proposed change, publish notice of the proposed change within the geographical areas where it offers service. To meet minimum publication requirements, a utility must:

(a) Distribute copies of the published notice to community agencies and organizations in the geographic area where it offers service for posting and publication by the agency or organization. The utility must include in its distribution list any agency or organization that requests these notices;

(b) Cause to be printed in large print, as a paid advertisement, a complete copy of the published notice in the daily newspaper of general circulation with the greatest number of subscribers in each geographic area or each of the areas affected by the proposed tariff;

(c) Provide to the news editor of every newspaper, television station, and radio station, in the geographic area within which it offers service a news release or public service announcement summarizing the published notice. The release or announcement must include a toll-free number that customers can use to obtain more information from the electric utility. The commission will maintain a list of area newspapers, television and radio stations and will provide it on request to any utility; and

(d) Post a complete copy of the published notice on an Internet website accessible to the public using generally available browser software.

(3) Reduced publication with shortened notice to individual customers. To comply under this method, the utility must:

(a) Mail the posting to each customer that would be affected by the proposed change at least fifteen days before the stated effective date of the proposed change;

(b) At the time of the utility's filing with the commission, distribute copies of the published notice in the same manner as provided in subsection (2)(a) of this section;

(c) At the time of the utility's filing with the commission, provide news media notice in the same manner as provided in subsection (2)(c) of this section; and

(d) At the time of the utility's filing with the commission, post a complete copy of the published notice in the same manner as provided in subsection (2)(d) of this section.

(4) Content of postings. The published notice required by this rule must include, when applicable:

(a) The date the notice is issued;

(b) The utility's name and address;

(c) A brief explanation of the reason(s) the utility has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, and increased office expenses, such as postage and customer billing);

(d) A comparison of current and proposed rates by service;

(e) An example showing the monthly increase of the average customer's bill based on the proposed rates (e.g., "based on the proposed rates, a typical electric customer using an average of 1,500 kwhs per month would see an average monthly increase of $10.38.");

(f) When the rates will be billed (i.e., monthly or bimonthly);

(g) The requested effective date and, if different, the implementation date;

(h) A statement that the commission has the authority to set final rates that may vary from the utility's request, which may be either higher or lower depending on the results of the investigation;

(i) A description of how customers may contact the utility if they have specific questions or need additional information about the proposal; and

(j) Public involvement language. A utility may choose from:

(i) Commission-suggested language that is available from the commission's designated public affairs officer; or

(ii) Utility-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation:

(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and

(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.

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(2) A utility that files a tariff change to increase any charge that a customer may incur without being quoted a rate or price (e.g., late payment fees, insufficient fund charges, or a one-time charge) must provide notice to each affected customer on or with the first bill after the change becomes effective.

(a) Content of notice. At a minimum, the notice must include the effective date, a clear description of changes to rates or services and a utility contact number where customers may seek additional information.

(b) Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.

(3) A utility that files a tariff change that decreases rates, including promotions that temporarily waive recurring or nonrecurring charges, or that changes terms or conditions without restricting access to the service, must publish the change in the manner it posts tariffs under WAC 480-100-193.

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(2) Content of notice. The notice must include all information contained in WAC 480-100-194(4), except the public involvement information in WAC 480-100-194 (4)(j). A utility must include either of the following public involvement language: (a) Commission-suggested language that is available from the commission's designated public affairs officer; or

(b) Utility-developed language that must include the commission's mailing address, toll-free number, docket number, and a brief explanation:

(i) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail;

(ii) How to contact the commission for process questions; and

(iii) The date, time and location of the public hearing.

(3) Methods of notice. Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the utility has the capability and the customer has authorized, by e-mail.

(4) Who must receive notice. In addition to each affected customer, a utility must notify at least one newspaper of general circulation, and at least one radio station and at least one television station in the area or each of the areas affected.

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(a) The methods used to post, publish, and/or give notice to customers;

(b) When and how the notice was posted, published, and/or issued to customers;

(c) How many customers are affected; and

(d) A copy of the notice.

(2) Commission assistance. A utility may request assistance from the commission's designated public affairs officer with efforts to comply with WAC 480-100-193 through 480-100-197.

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OTS-5319.2

NEW SECTION
WAC 480-120-193   Posting of tariffs for public inspection and review.   Each telecommunications company offering intrastate telecommunications service under tariff must make available for public inspection and review all tariffs governing its provision of service, as required by RCW 80.36.100. To comply with this requirement, a company must fulfill the provisions of either subsection (1) or (2) of this section.

(1) Web, telephone, and mail access. The company must:

(a) Maintain a complete copy of its tariff or tariffs and all proposed tariff changes on an Internet website accessible to the public using generally available browser software;

(b) Provide a toll-free telephone number by which customers and applicants can obtain assistance during normal business hours from a company agent qualified to assist the customer in locating, interpreting, and applying tariff provisions;

(c) Upon written or oral request by any customer or applicant, deliver at no charge a copy of any current, proposed or most recently canceled tariff page that relates to the customer's or applicant's service; and

(d) Include on each customer bill and notice the address of the tariff website and the toll-free telephone number.

(2) Physical access. The company must make available for public inspection and copying a complete copy of its tariff or tariffs, all most recently canceled tariff sheets, and all proposed tariff changes at one or more offices in each county where it offers service, except that: A single office may serve more than one county if the office is within twenty miles of all customers in the county where no tariff is posted. The company must provide at each office either an agent qualified to assist the customer in locating, interpreting, and applying tariff provisions or access to such an agent by a toll-free telephone number.

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(1) Thirty-day notice to individual customers. To comply under this method, the company must, at least thirty days before the stated effective date of the proposed change, mail the posting to each customer that would be affected by the proposed change. The posting must include the information listed in subsection (4) of this section.

(2) Published notice. To comply under this method, the company must, at least thirty days before the stated effective date of the proposed change, publish notice of the proposed change within the geographical areas where it offers service. To meet minimum publication requirements, a company must:

(a) Distribute copies of the published notice to community agencies and organizations in the geographic area where it offers service for posting and publication by the agency or organization. The company must include in its distribution list any agency or organization that requests these notices;

(b) Cause to be printed in large print, as a paid advertisement, a complete copy of the published notice in the daily newspaper of general circulation with the greatest number of subscribers in each geographic area or each of the areas affected by the proposed tariff;

(c) Provide to the news editor of every newspaper, television station, and radio station, in the geographic area within which it offers service a news release or public service announcement summarizing the published notice. The release or announcement must include a toll-free number that customers can use to obtain more information from the telecommunications company. The commission will maintain a list of area newspapers, television and radio stations and will provide it on request to any company; and

(d) Post a complete copy of the published notice on an Internet website accessible to the public using generally available browser software.

(3) Reduced publication with shortened notice to individual customers. To comply under this method, the company must:

(a) Mail the posting to each customer that would be affected by the proposed change at least fifteen days before the stated effective date of the proposed change;

(b) At the time of the company's filing with the commission, distribute copies of the published notice in the same manner as provided in subsection (2)(a) of this section;

(c) At the time of the company's filing with the commission, provide news media notice in the same manner as provided in subsection (2)(c) of this section; and

(d) At the time of the company's filing with the commission, post a complete copy of the published notice in the same manner as provided in subsection (2)(d) of this section.

(4) Content of postings. The published notice required by this rule must include, when applicable:

(a) The date the notice is issued;

(b) The company's name and address;

(c) A brief explanation of the reason(s) the company has requested the rate change (e.g., increase in labor costs, recovery of new plant investment, and increased office expenses, such as postage and customer billing);

(d) A comparison of current and proposed rates by service;

(e) An example showing the monthly increase of the average customer's bill based on the proposed rates (e.g., "based on the proposed rates, a typical telephone customer using an average of twenty minutes of local toll service would see an average monthly increase of $0.85.");

(f) When the rates will be billed (i.e., monthly or bimonthly);

(g) The requested effective date and, if different, the implementation date;

(h) A statement that the commission has the authority to set final rates that may vary from the company's request, which may be either higher or lower depending on the results of the investigation;

(i) A description of how customers may contact the company if they have specific questions or need additional information about the proposal; and

(j) Public involvement language. A company may choose from:

(i) Commission-suggested language that is available from the commission's designated public affairs officer; or

(ii) Company-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation:

(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and

(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.

[]

(2) A company that files a tariff change to increase any charge that a customer may incur without being quoted a rate or price (e.g., late payment fees, insufficient fund charges, or a one-time charge) must provide notice to each affected customer on or with the first bill after the change becomes effective.

(a) Content of notice. At a minimum, the notice must include the effective date, a clear description of changes to rates or services and a company contact number where customers may seek additional information.

(b) Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by e-mail.

(3) A company that files a tariff change that decreases rates, including promotions that temporarily waive recurring or nonrecurring charges, or that changes terms or conditions without restricting access to the service, must publish the change in the manner it posts tariffs under WAC 480-120-193.

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(1) Prior notice. Customer notice before the effective date of changes to the price list for competitively classified companies or competitively classified services.

(a) Amount of prior notice. The company must provide notice to each affected customer at least ten days before the effective date when a company proposes to:

(i) Increase rates;

(ii) Decrease rates; or

(iii) Change terms or conditions.

The company must measure the ten-day period from the time the notice is mailed to all customers or appears in the newspaper or on the website.

(b) Content of notice. Each customer notice must include, at a minimum:

(i) The effective date;

(ii) A clear description of changes to rates and services; and

(iii) A company contact number where customers can seek additional information.

(c) Methods of notice permitted for increase in rates or a material change of terms and conditions. A company must provide notice by bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers, or, if a company has the capability and the customer has authorized, by e-mail.

(d) Methods of notice permitted for changes not covered by (c) of this subsection. A company must provide notice by:

(i) Any method listed in (c) of this subsection;

(ii) Publishing the notice in one or more newspapers of general circulation for the affected areas; or

(iii) Posting the notice on the website on which the price list is available to the public.

(2) Commission assistance. A company may request assistance from the commission's designated public affairs officer with efforts to comply with this section.

(3) Alternative form of notice permitted with prior approval. As an alternative to the customer notice required by this rule, a company may propose another form of customer notice. The commission's public affairs officer must approve any such notice in advance.

(4) Customer notice verification. Within ten days of making a filing requiring posting, publication, or customer notice required by this rule, a company must file a statement with the commission records center that the required notice has been posted, published, and/or mailed. The statement must include:

(a) The methods used to post, publish, and/or give notice to customers;

(b) When the notice was first posted, published, and/or issued to customers; and

(c) A copy of the notice.

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(2) Content of notice. The notice must include all information contained in WAC 480-120-194(4), except the public involvement information in WAC 480-120-194 (4)(j). A company must include either of the following public involvement language:

(a) Commission-suggested language that is available from the commission's designated public affairs officer; or

(b) Company-developed language that must include the commission's mailing address, toll-free number, docket number, and a brief explanation:

(i) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail;

(ii) How to contact the commission for process questions; and

(iii) The date, time and location of the public hearing.

(3) Methods of notice. Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by e-mail.

(4) Who must receive notice. In addition to each affected customer, a company must notify at least one newspaper of general circulation, and at least one radio station and at least one television station in the area or each of the areas affected.

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(a) The methods used to post, publish, and/or give notice to customers;

(b) When and how the notice was posted, published, and/or issued to customers;

(c) How many customers are affected; and

(d) A copy of the notice.

(2) Commission assistance. A company may request assistance from the commission's designated public affairs officer with efforts to comply with WAC 480-120-193 through 480-120-197.

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     The following section of the Washington Administrative Code is repealed:

WAC 480-120-043

Notice to the public of tariff changes.

OTS-5320.1

NEW SECTION
WAC 480-121-065   Customer notice requirements -- Petition for competitive classification of a service.   (1) When a company petitions for competitive classification of a telecommunications service(s), the company must provide notice to each affected customer at least thirty days before the requested effective date.

(2) Content of notice. Each customer notice must include, at a minimum:

(a) The date the notice is issued and the proposed effective date of the competitive classification;

(b) The company name and address;

(c) A clear explanation of the proposal to give customers the basis for understanding the proposal and the potential impact of the change. The company may satisfy this requirement with its own explanation or by using commission-developed language available from the commission's designated public affairs officer;

(d) A description of how customers may contact the company if they have specific questions or need additional information about the proposal; and

(e) Public involvement language. A company may choose from:

(i) Commission-suggested language that is available from the commission's designated public affairs officer; or

(ii) Company-developed language that must include the commission's mailing address, toll-free number, and docket number, if known, and a brief explanation:

(A) How to participate in the commission's process by mailing or faxing a letter, or submitting an e-mail; and

(B) How to contact the commission for process questions or to be notified of the scheduled open meeting at which the proposal will be considered by the commission.

(3) Methods of notice. Methods of notice permitted include: Bill insert, bill message, printing on the billing envelope, a separate mailing to all affected customers or, if the company has the capability and the customer has authorized, by e-mail.

(4) Customer notice verification. Within ten days of making a filing requiring posting, publication, or customer notice, a company must file a declaration with the commission's records center that the required notice has been posted, published, and/or mailed. The declaration must include:

(a) The methods used to post, publish, and/or give notice to customers;

(b) When the notice was first posted, published, and/or issued to customers;

(c) How many customers are affected; and

(d) A copy of the notice.

(5) Commission assistance. A company may request assistance from the commission's designated public affairs officer with efforts to comply with this section.

(6) Other customer notice. The commission may require notice to customers other than those described in this rule when the commission determines that additional customer education is needed.

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Washington State Code Reviser's Office