WSR 02-12-131

EXPEDITED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Filed June 5, 2002, 10:29 a.m. ]

     Title of Rule: This rule making would revise adoption-by-reference dates in Title 480 WAC and create a new section WAC 480-110-999 Adoption by reference.

     Purpose: The rule making would revise adoption-by-reference dates in Title 480 WAC to incorporate the most recent versions of adopted federal rules and other adopted publications; substitute an existing national standard for railroad passenger-carrying vehicle first-aid kit requirements to replace the commission's adopted Washington State Labor and Industries' rules that were repealed in 2001; create a new section in chapter 480-110 WAC so each chapter in Title 480 WAC will have a common location for adoption-by-reference rules; and correct grammatical and punctuation errors.

     Other Identifying Information: Commission Docket No. A-020379. Affected chapters of the WAC include chapters 480-14, 480-15, 480-30, 480-31, 480-40, 480-62, 480-70, 480-90, 480-100, and 480-110 WAC.

Proposed Rule Changes

Adoption by Reference Date Changes and Other Administrative Changes

Docket No. A-020379

May 24, 2002

Action WAC No. Rule Title Proposed Changes
Chapter 480-14 WAC, Motor carriers excluding household goods carriers and common brokers.
Amend 480-14-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

North American Uniform Out-of Service Criteria, April 1, 2002

Title 49 Code of Federal Regulations, October 1, 2001

Chapter 480-15 WAC, Household goods carriers.
Amend 480-15-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

North American Uniform Out-of Service Criteria, April 1, 2002

Title 49 Code of Federal Regulations, October 1, 2001

Chapter 480-30 WAC, Auto transportation companies.
Amend 480-30-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

North American Uniform Out-of Service Criteria, April 1, 2002

Title 49 Code of Federal Regulations, October 1, 2001

Chapter 480-31 WAC, Private nonprofit transportation providers.
Amend 480-31-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

North American Uniform Out-of Service Criteria, April 1, 2002

Title 49 Code of Federal Regulations, October 1, 2001

Chapter 480-40 WAC, Passenger charter carriers.
Amend 480-40-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

North American Uniform Out-of Service Criteria, April 1, 2002

Title 49 Code of Federal Regulations, October 1, 2001

Chapter 480-62 WAC, Railroad companies -- Operations.
Amend 480-62-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

Title 49 Code of Federal Regulations, October 1, 2001

MUTCD – no change

WSDOT Chapter 480-95 WAC – no change

ANSI Z308.1, December 31, 1998 (replaces L&I rules)

L&I Chapter 296-24 WAC – repealed

ANSI/ISEA 107, no change

Title 49 United States Code, January 2, 2002

Amend 480-62-240 Passenger carrying vehicles -- Equipment. 1. Changes in subsection (1)(h) removes reference to repealed L& I rules, WAC 296-24-060145 and 296-24-06160, Appendix 2 and replaces the repealed rules with the ANSI standard, ANSI Z308.1 (Minimum Requirements for Workplace First Aid Kits). A cross reference directing the reader WAC 480-62-999 is also added.
Chapter 480-70 WAC, Solid waste collection companies.
Amend 480-70-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

North American Uniform Out-of Service Criteria, April 1, 2002

Title 40 Code of Federal Regulations, July 1, 2002

Title 49 Code of Federal Regulations, October 1, 2001

Chapter 480-90 WAC, Gas companies -- Operations.
Amend 480-90-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

Title 18 Code of Federal Regulations, April 1, 2002

Amend 480-90-203 Accounting system requirements. 1. Change in subsection (1) identifies the specific part of Title 18 CFR that applies to accounting requirements - Part 201.

2. New subsection (4) added to clarify that adopting the most current version of FERC requirements does supercede prior commission orders directing companies to treat accounting items in a specific manner such as depreciation accounting.

Amend 480-90-208 Financial reporting requirements. 1. Change in subsection (1)(a) identifies the specific part of Title 18 that applies to accounting requirements - Part 260.
Chapter 480-100 WAC, Electric companies.
Amend

480-100-999 Adoption by reference. 1. Adoption by reference dates changed as follows:

Title 18 Code of Federal Regulations, April 1, 2002

National Electrical Code, 2002

ANSI C12.1, 2001

2. Change in subsection (3) corrects National Electric Code reference to National Electrical Code.

Amend 480-100-163 Service entrance facilities. 1. Changes in subsection (2) corrects National Electric Code reference to National Electrical Code.
Amend

480-100-203 Accounting systems requirements. 1. Change in subsection (1) identifies the specific part of Title 18 CFR that applies to accounting requirements - Part 101.

2. New subsection (4) added to clarify that adopting the most current version of FERC requirements does supercede prior commission orders directing companies to treat accounting items in a specific manner such as depreciation accounting.

Amend 480-100-208 Financial reporting requirements. 1. Change in subsection (1)(a) identifies the specific part of Title 18 that applies to accounting requirements - Part 141.
Chapter 480-110 WAC, Water companies.
New Section 480-110-999 Adoption by reference. 1. New section created so the section number will be consistent throughout Title 480 WAC chapters.

2. Adoption by reference dates added as follows:

Uniform System of Accounts for Water Utilities, 1996

Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies, 1985

3. Cross-references added that identify the sections within this chapter that refer to adopted material.

Amend 480-110-275 Accounting and reporting requirements, and regulatory fees. 1. A punctuation correction is made to the rule title.

2. Change in subsection (1) adds a cross-reference to WAC 480-110-999.

Amend 480-110-485 Retention and preservation of records and reports. 1. Change in subsection (2) adds a cross-reference to WAC 480-110-999

     Statutory Authority for Adoption: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.353.

     Summary: This proposal would revise the adoption-by-reference dates to reflect the current version of adopted material and makes other minor administrative changes in Title 480 WAC. Adopted material in the telecommunications and pipeline safety chapters of rules is not reflected in this rule making as those chapters are open under other docket numbers.

     Reasons Supporting Proposal: The commission adopts by reference several parts in Title 18, Title 40, and Title 49 of the Code of Federal Regulations and other state rules and national standards. Commission rules need to reflect the most current versions of the adopted material.

     Name of Agency Personnel Responsible for Drafting: Kim Dobyns, Regulatory Analyst, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1242; Implementation and Enforcement: Carole J. Washburn, Secretary, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (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 proposal would change adoption-by-reference dates to reflect current published versions of adopted material and make other minor administrative changes such as:

     Create a new adoption-by-reference section in chapter 480-110 WAC, Water companies, WAC 480-110-999, so each chapter in Title 480 WAC will have a common location for the adoption-by-reference rules and add cross references to the newly created rule;

     Correct grammatical and punctuation errors; and

     Add language to WAC 480-90-203 Accounting system requirements and 480-100-203 Accounting system requirements, that clarifies that adopting the most current version of Title 18 of the Code of Federal Regulations does not supercede prior commission orders directing companies to treat accounting items, such as depreciation accounting, in a specific manner.

     The proposal would also substitute an existing national standard (ANSI Z308.1) for railroad passenger-carrying vehicle first-aid kit requirements to replace the commission's adoption-by-reference of Washington State Labor and Industries' rules (chapter 296-24 WAC) that were repealed in 2001.

     Proposal Changes the Following Existing Rules: New federal rules and national standards are incorporated into the commission's rules. Other administrative changes and clarifying language is added. See a detailed listing of the proposed rule changes in Other Identifying Information above.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Secretary, Docket No. A-020379, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, WA 98504-7250 , AND RECEIVED BY August 5, 2002.


June 5, 2002

Carole J. Washburn

Secretary

OTS-5727.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-14-999   Adoption of reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-14-360, 480-14-370 and 480-14-390.

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2000)) 2001.

     (b) This publication is referenced in WAC 480-14-040, 480-14-070, 480-14-250, 480-14-360, 480-14-370, 480-14-380, 480-14-390 and 480-14-400.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-14-999, filed 9/28/01, effective 10/29/01.]

OTS-5728.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-15-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-15-560.

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2000)) 2001.

     (b) This publication is referenced in WAC 480-15-560 and 480-15-570.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-15-999, filed 9/28/01, effective 10/29/01.]

OTS-5729.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-30-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-30-097 and 480-30-100.

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2000)) 2001.

     (b) This publication is referenced in WAC 480-30-095 and 480-30-100.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-30-999, filed 9/28/01, effective 10/29/01.]

OTS-5730.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-31-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-31-120.

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2000)) 2001.

     (b) This publication is referenced in WAC 480-31-100, 480-31-120, 480-31-130 and 480-31-140.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-31-999, filed 9/28/01, effective 10/29/01.]

OTS-5731.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-40-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) North American Uniform Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-40-065.

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.

     (2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2000)) 2001.

     (b) This publication is referenced in WAC 480-40-070 and 480-40-075.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-40-999, filed 9/28/01, effective 10/29/01.]

OTS-5733.1


AMENDATORY SECTION(Amending Docket No. TR-981102, General Order No. R-477, filed 1/30/01, effective 3/2/01)

WAC 480-62-240   Passenger carrying vehicles -- Equipment.   (1) Equipment requirements for all vehicles.

     (a) Vehicles must comply with all applicable equipment requirements of Title 46 RCW.

     (b) Vehicles must have exhaust systems that prevent exposure of passengers to the vehicle's emissions.

     (c) Vehicles must have two external rear vision mirrors, one at each side of the cab. The mirrors must be firmly attached to the motor vehicle at a point where the driver is provided a view of the highway to the rear along both sides of the vehicle. An outside mirror may be placed only on the driver's side on vehicles in which the driver has a view to the rear by means of an interior mirror.

     (d) Vehicles must be equipped with a steering system maintained to insure that lash or preplay do not exceed those values set forth in 49 CFR, Parts 570.7 and 570.60 (Vehicle in Use Inspection Standards). Information about Title 49 CFR regarding the version adopted and where to obtain it is set out in WAC 480-62-999.

     (e) Vehicles must have a heating system that will maintain an ambient temperature of at least fifty-five degrees in passenger areas.

     (f) Vehicles must have at least three red-burning fusees, three red portable emergency reflectors, or at least two red cloth flags suitable for warning the motoring public in an emergency. The driver must ensure that such equipment is in the vehicle and is maintained in good condition. Any devices that may create a spark or open flame must be carried in a separate compartment or a closed metal container provided for that purpose.

     (g) Vehicles must have a two and one-half pound dry chemical fire extinguisher or its equivalent, properly filled and located where it is readily accessible for use. The extinguisher must allow visual determination of the state of its charge at all times. The extinguishing agent must be nontoxic and preferably noncorrosive. The fire extinguisher must be suitable for attachment to the motor vehicle, bear the label of approval by the Underwriters Laboratories, Inc., and be kept in good working condition at all times.

     (h) Vehicles must have a first-aid kit located where it is readily accessible. The kit must contain all of the items specified in ((WAC 296-24-06145 and 296-24-06160, Appendix 2, adopted by the department of labor and industries)) ANSI 2308.1, Minimum Requirements for Workplace First Aid Kits. Additionally, the kit must contain gloves capable of preventing exposure to bloodborne pathogens. Items used from first-aid kits must be replaced before the next shift, and kits must be checked for compliance with this rule if the seal on the kit is broken. Information about ((chapter 296-24 WAC)) ANSI 2308.1 regarding the version adopted and where to obtain it is set out in WAC 480-62-999.

     (2) Equipment requirements for specified vehicles.

     (a) Coupling devices used on a vehicle equipped with retractable flange wheels for operation on railroad tracks must be substantial and made of metal. The devices must be equipped with safety chains or straps of sufficient strength to prevent separation in the event of accidental uncoupling.

     (b) A passenger compartment separate from the cab of the vehicle must be made of metal and be fastened directly to the frame of the vehicle. The compartment must have an interior lining sufficient to absorb condensation, and padded seats and backrests firmly secured in place. The floor of the compartment must be constructed to bear the weight of all cargo and passengers. The floor must not have unnecessary openings, and it must be constructed to prevent the entry of noxious fumes or permeation with flammable materials. The compartment must have a curtain of nonpermeable material of sufficient weight and size to close off the rear opening and a tailgate which must be closed whenever the vehicle is in motion. If the bottom of the entrance to the passenger compartment is more than three feet six inches above ground level, the vehicle must have permanent or temporary steps designed for the safe boarding and discharge of passengers.

     (c) Communication between a cab and a separated passenger compartment must be provided by means of a light or audible device mounted in the cab of the vehicle that may be activated by a passenger in the rear compartment.

     (d) On vehicles designed to transport nine or more passengers, an emergency exit must be placed at the end of the vehicle opposite the regular entrance. The exit must be at least six and one-half square feet in area, and the smallest dimension must be at least eighteen inches. The route to and from the emergency exit must be unobstructed at all times.

[Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-240, filed 1/30/01, effective 3/2/01.]

OTS-5732.1


AMENDATORY SECTION(Amending Docket No. TR-981102, General Order No. R-477, filed 1/30/01, effective 3/2/01)

WAC 480-62-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) Title 49 Code of Federal Regulations, cited as 49 CFR, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on ((January 29)) October 1, 2001.

     (b) This publication is referenced in WAC 480-62-160, 480-62-200, 480-62-205, 480-62-210, 480-62-215, 480-62-235 and 480-62-240.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Seattle Office of the Government Printing Office and from various third-party vendors.

     (2) Manual on Uniform Traffic Control Devices, cited as Manual on Uniform Traffic Control Devices, or MUTCD, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on January 29, 2001.

     (b) This publication is referenced in WAC 480-62-230, 480-62-235 and 480-62-245.

     (c) Copies of the MUTCD are available from the Seattle Office of the Government Printing Office and from various third-party vendors.

     (3) Washington state department of transportation rules, cited as chapter 468-95 WAC, are published by the statute law committee.

     (a) The commission adopts the version in effect on January 29, 2001.

     (b) This publication is referenced in WAC 480-62-230.

     (c) Copies of the Washington state department of transportation rules are available from the department of transportation or on the internet website for the office of the code reviser (leg.wa.gov/CodeReviser).

     (4) ((Washington state department of labor and industries rules, cited as chapter 296-24 WAC, are published by the statute law committee.

     (a) The commission adopts the version in effect on January 29, 2001.

     (b) This publication is referenced in WAC 480-62-240.

     (c) Copies of the Washington state department of labor and industries rules are available from the department of labor and industries or on the internet website for the office of the code reviser (leg.wa.gov/CodeReviser).)) ANSI Z308.1 - 1998 American National Standard for Minimum Requirements for Workplace First Aid Kits is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on December 31, 1998.

     (b) This publication is referenced in WAC 480-62-240.

     (c) Copies of ANSI Z308.1 - 1998 American National Standard for Minimum Requirements for Workplace First Aid Kits are available from the American National Standards Institute, 11 West 42nd Street, NY, NY 10036 or on the internet website for the American National Standards Institute (http://web.ansi.org/).

     (5) ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel is published by the American National Standards Institute.

     (a) The commission adopts the version in effect on January 29, 2001.

     (b) This publication is referenced in WAC 480-62-235.

     (c) Copies of ANSI/ISEA 107-1999 - American National Standard for High-Visibility Safety Apparel are available from the American National Standards Institute, 11 West 42nd Street, NY, NY 10036 or on the internet website for the American National Standards Institute (http://web.ansi.org/).

     (6) Title 49 United States Code, cited as 49 U.S.C., is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on January 2, 2002.

     (b) This publication is referenced in WAC 480-62-200.

     (c) Copies of Title 49 United States Code are available from the Seattle office of the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 81.04.160, 81.24.010, 81.28.010, 81.28.290, 81.40.110, 81.44.010, 81.44.020, 81.44.101-81.44.105, and chapters 81.48, 81.53, 81.54, 81.60, and 81.61 RCW. 01-04-026 (Docket No. TR-981102, General Order No. R-477), § 480-62-999, filed 1/30/01, effective 3/2/01.]

OTS-5734.1


AMENDATORY SECTION(Amending Docket No. A-010827, General Order No. R-491, filed 9/28/01, effective 10/29/01)

WAC 480-70-999   Adoption by reference.   In this chapter, the commission adopts by reference all, or portions of, regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

     (1) The North American Uniform Out-of-Service Criteria is published by the Commercial Vehicle Safety Alliance (CVSA).

     (a) The commission adopts the version in effect on April 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-70-201.

     (c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Bethesda, Maryland.

     (2) Title 40 Code of Federal Regulations, cited as 40 CFR, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on July 1, ((2001)) 2002.

     (b) This publication is referenced in WAC 480-70-041.

     (c) Copies of Title 40 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.

     (3) Title 49 Code of Federal Regulations, cited as 49 CFR, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on October 1, ((2000)) 2001.

     (b) This publication is referenced in WAC 480-70-201, 480-70-431 and 480-70-486.

     (c) Copies of Title 49 Code of Federal Regulations are available from the Government Printing Office and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), § 480-70-999, filed 9/28/01, effective 10/29/01. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-999, filed 3/23/01, effective 4/23/01.]

OTS-5735.1


AMENDATORY SECTION(Amending Docket No. UG-990294, General Order No. R-484, filed 5/3/01, effective 6/3/01)

WAC 480-90-203   Accounting system requirements.   (1) Gas utilities in the state of Washington must use the uniform system of accounts applicable to major and nonmajor gas utilities as published by the Federal Energy Regulatory Commission (FERC) in Title 18 of the Code of Federal Regulations, Part 201. Information about the Code of Federal Regulations regarding the version adopted and where to obtain it is set out in WAC 480-90-999, Adoption by reference.

     (2) Gas utilities having multistate operations must maintain records in such detail that the costs of property located and business done in Washington can be readily ascertained in accordance with geographic boundaries.

     (3) Any deviation from the uniform system of accounts, as prescribed by the FERC, will be accomplished only after due notice and order of this commission.

     (4) This rule does not supercede any commission order regarding accounting treatments.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-203, filed 5/3/01, effective 6/3/01.]


AMENDATORY SECTION(Amending Docket No. UG-990294, General Order No. R-484, filed 5/3/01, effective 6/3/01)

WAC 480-90-208   Financial reporting requirements.   (1) Annual reports.

     (a) Gas utilities must use the annual report form (FERC Form No. 2) promulgated by the Federal Energy Regulatory Commission in Title 18 of the Code of Federal Regulations, Part 260, for purposes of annual reporting to this commission. Data required by RCW 80.04.080, Annual reports, but not included in the FERC Form No. 2, must also be submitted with the annual report. Utilities must submit the annual report for the preceding calendar year, along with the regulatory fee, by May 1st of each year. If not presented in the prescribed FERC Form, the annual report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales. Information about the FERC Form No. 2 regarding the version adopted and where to obtain it is set out in WAC 480-90-999, Adoption by reference.

     (b) Utilities must also submit to this commission, in essentially the same format and content as the FERC Form No. 2, a report that documents the costs incurred and the property necessary to furnish utility service to its customers and the revenues obtained in the state of Washington. The report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales;

     (c) Combination and multistate utilities must submit with the annual report their cost allocation methods necessary to develop results of operations for the state of Washington. Approval of cost allocation schemes for rate-making purposes is accomplished only by commission order;

     (d) The total utility results of operations reported by each utility in its annual report to the commission must agree with the results of operations shown on the utility's books and records.

     (2) Commission basis reports (annual).

     (a) The intent of the "commission basis" report is to depict the gas operations of a utility under normal temperature and gas supply conditions during the reporting period. The commission basis report must include the following:

     (i) Booked results of gas operations and rate base, and all the necessary adjustments as accepted by the commission in the utility's most recent general rate case or subsequent orders;

     (ii) Actual adjusted results of operations for out-of-period, nonoperating, nonrecurring, and extraordinary items or any other item that materially distorts reporting period earnings and rate base; and

     (iii) Adjusted booked revenues and gas supply expenses to reflect operations under normal temperature conditions before the achieved return on rate base is calculated;

     (b) Commission basis reports should not include adjustments that annualize price, wage, or other cost changes during a reporting period, nor new theories or approaches that have not been previously addressed and resolved by the commission;

     (c) Utilities must submit the basis of any cost allocations and the allocation factors necessary to develop the commission basis results of gas operations for the state of Washington;

     (d) Commission basis reports are due within four months of the end of a utility's fiscal year.

     (3) Quarterly reports. Gas utilities must file a report of actual results for Washington operations within forty-five days of the end of each quarter. The results of operations report must contain each of the three monthly balances and the latest twelve months' ending balance for all accounts of the uniform system of accounts. The report must include the average customer count and total unit sales per customer class for each reported period.

     (4) Additional reports. This section does not supersede any reporting requirement specified in a commission order or limit the commission's ability to request additional information.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-208, filed 5/3/01, effective 6/3/01.]


AMENDATORY SECTION(Amending Docket No. UG-990294, General Order No. R-484, filed 5/3/01, effective 6/3/01)

WAC 480-90-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

     (1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on April 1, ((2000)) 2002.

     (b) This publication is referenced in WAC 480-90-203, Accounting system requirements, and WAC 480-90-208, Financial reporting requirements.

     (c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.

     (2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

     (a) The commission adopts the version in effect in 1985.

     (b) This publication is referenced in WAC 480-90-228, Retention and preservation of records and reports.

     (c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-003 (Docket No. UG-990294, General Order No. R-484), § 480-90-999, filed 5/3/01, effective 6/3/01.]

OTS-5736.1


AMENDATORY SECTION(Amending Docket No. UE-990473, General Order No. R-482, filed 5/3/01, effective 6/3/01)

WAC 480-100-163   Service entrance facilities.   (1) An electric utility may require customers to:

     (a) Provide service entrance facilities at the easiest access point to the utility's distribution system; and

     (b) Comply with reasonable requirements to keep those facilities free from tampering or interference.

     (2) In order to permit the required clearances, utilities may require their customers to provide a structurally sound point of attachment for the utility's service conductors pursuant to the National ((Electric)) Electrical Code. Information about the National ((Electric)) Electrical Code regarding the version adopted and where to obtain it is set out in WAC 480-100-999 Adoption by reference.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-163, filed 5/3/01, effective 6/3/01.]

OTS-5737.1


AMENDATORY SECTION(Amending Docket No. UE-990473, General Order No. R-482, filed 5/3/01, effective 6/3/01)

WAC 480-100-203   Accounting system requirements.   (1) Electric utilities in the state of Washington must use the uniform system of accounts applicable to major and nonmajor electric utilities as published by the Federal Energy Regulatory Commission (FERC) in Title 18 of the Code of Federal Regulations, Part 101. Information about the Code of Federal Regulations regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.

     (2) Electric utilities having multistate operations must maintain records in such detail that the costs of property located and business done in the state of Washington can be readily ascertained in accordance with geographic boundaries.

     (3) Any deviation from the uniform system of accounts, as prescribed by the FERC, will be accomplished only after due notice and order of this commission.

     (4) This rule does not supercede any commission order regarding accounting treatments.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-203, filed 5/3/01, effective 6/3/01.]


AMENDATORY SECTION(Amending Docket No. UE-990473, General Order No. R-482, filed 5/3/01, effective 6/3/01)

WAC 480-100-208   Financial reporting requirements.   (1) Annual reports.

     (a) Electric utilities must use the annual report form (FERC Form No. 1) promulgated by the Federal Energy Regulatory Commission in Title 18 of the Code of Federal Regulations, Part 141, for purposes of annual reporting to this commission. Data required by RCW 80.04.080 Annual reports, but not included in the FERC Form No. 1, must also be submitted with the annual report. Utilities must submit the annual report for the preceding calendar year, along with the regulatory fee, by May 1st of each year. If not presented in the prescribed FERC Form, the annual report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales. Information about the FERC Form No. 1 regarding the version adopted and where to obtain it is set out in WAC 480-100-999, Adoption by reference.

     (b) Utilities must also submit to this commission, in essentially the same format and content as the FERC Form No. 1, a report that documents the costs incurred and the property necessary to furnish utility service to its customers and the revenues obtained in the state of Washington. The report must include the following data per customer class for the calendar year: Revenues, average customer count, and total unit sales;

     (c) Combination and multistate utilities must submit with the annual report their cost allocation methods necessary to develop results of operations for the state of Washington. Approval of cost allocation schemes for rate-making purposes is accomplished only by commission order;

     (d) The total utility results of operations reported by each utility in its annual report to the commission must agree with the results of operations shown on the utility's books and records.

     (2) Commission basis reports (annual).

     (a) The intent of the "commission basis" report is to depict the electric operations of a utility under normal temperature and power supply conditions during the reporting period. The commission basis report must include the following:

     (i) Booked results of electric operations and rate base, and all the necessary adjustments as accepted by the commission in the utility's most recent general rate case or subsequent orders;

     (ii) Actual adjusted results of operations for out-of-period, nonoperating, nonrecurring, and extraordinary items or any other item that materially distorts reporting period earnings and rate base; and

     (iii) Adjusted booked revenues and power supply expenses to reflect operations under normal temperature and power supply conditions before the achieved return on rate base is calculated;

     (b) Commission basis reports should not include adjustments that annualize price, wage, or other cost changes during a reporting period, nor new theories or approaches that have not been previously addressed and resolved by the commission.

     (c) Utilities must submit the basis of any cost allocations and the allocation factors necessary to develop the commission basis results of electric operations for the state of Washington;

     (d) Commission basis reports are due within four months of the end of a utility's fiscal year.

     (3) Quarterly reports. Electric utilities must file a report of actual results for Washington operations within forty-five days of the end of each quarter. The results of operations report must contain each of the three monthly balances and the latest twelve months ending balance for all accounts of the uniform system of accounts. The report must include the average customer count and total unit sales per customer class for each reported period.

     (4) Additional reports. This section does not supersede any reporting requirement specified in a commission order or limit the commission's ability to request additional information.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-208, filed 5/3/01, effective 6/3/01.]


AMENDATORY SECTION(Amending Docket No. UE-990473, General Order No. R-482, filed 5/3/01, effective 6/3/01)

WAC 480-100-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

     (1) Title 18 Code of Federal Regulations, cited as 18 CFR, is published by the United States Government Printing Office.

     (a) The commission adopts the version in effect on April 1, ((2000)) 2002.

     (b) This publication is referenced in WAC 480-100-203, Accounting system requirements and WAC 480-100-208, Financial reporting requirements;

     (c) Copies of 18 CFR are available from the U.S. Government Printing Office in Pittsburgh, Pennsylvania.

     (2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

     (a) The commission adopts the version in effect in 1985.

     (b) This publication is referenced in WAC 480-100-228, Retention and preservation of records and reports.

     (c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.;

     (3) The National ((Electric)) Electrical Code is published by the National Fire Protection Association (NFPA).

     (a) The commission adopts the version published in ((1999)) 2002.

     (b) This publication is referenced in WAC 480-100-163, Service entrance facilities;

     (c) The National ((Electric)) Electrical Code is a copyrighted document. Copies are available from the NFPA, in Quincy, Massachusetts.

     (4) The American National Standard for Electric Meters: Code for Electricity Metering, ANSI C12.1 is published by the American National Standards Institute.

     (a) The commission adopts the version published in ((1995)) 2001.

     (b) This publication is referenced in WAC 480-100-318, Meter readings, multipliers, and test constants; WAC 480-100-338, Accuracy requirements for electric meters; and WAC 480-100-343, Statement of meter test procedures.

     (c) The ANSI C12.1 is a copyrighted document. Copies are available from Global Engineering Documents in Englewood, Colorado.

[Statutory Authority: RCW 80.01.040 and 80.04.160. 01-11-004 (Docket No. UE-990473, General Order No. R-482), § 480-100-999, filed 5/3/01, effective 6/3/01.]

OTS-5738.1


AMENDATORY SECTION(Amending Order R-467, Docket No. UW-980082, filed 11/30/99, effective 12/31/99)

WAC 480-110-275   Accounting((,)) and reporting requirements, and regulatory fees.   (1) Water companies must use the uniform system of accounts (USOA) published by the National Association of Regulatory Utility Commissioners (NARUC). Information about the USOA regarding the version adopted and where to obtain it is set out in WAC 480-110-999, Adoption by reference. The USOA sets out the accounting requirements for class A, B, and C water companies.

     Water companies are classified by revenues.


Class Annual Gross Operating Revenue
A $1,000,000 or more
B $200,000 to $999,999
C Less than $200,000

     (2) A water company may use the accounting requirements for a higher class if it chooses.

     (3) The commission will distribute an annual report form that each water company must complete and file with the commission for the prior calendar year. The annual report must be filed, and the company's regulatory fee paid, no later than May 1 of each year.

     (4) A written request for the extension of the time for filing the annual report can be made prior to May 1. The commission does not grant an extension of time for payment of regulatory fees.

[Statutory Authority: RCW 80.01.040. 99-24-100 (Order R-467, Docket No. UW-980082), § 480-110-275, filed 11/30/99, effective 12/31/99.]


AMENDATORY SECTION(Amending Order R-467, Docket No. UW-980082, filed 11/30/99, effective 12/31/99)

WAC 480-110-485   Retention and preservation of records and reports.   (1) The water company must retain all records and reports for three years unless otherwise specified in subsection (2) of this section.

     (2) The Regulations to Govern the Preservation of Records of Electric, Gas and Water Companies, published by the National Association of Regulatory Utility Commissioners is prescribed as the requirement for the state of Washington. ((This document is available at the commission branch of the Washington state library. The commission secretary will provide a copy of the document on request, subject to any charge, or it may be ordered directly from the National Association of Regulatory Utility Commissioners.)) Information about the Regulations to Govern the Preservation of Records of Electric, Gas and Water Companies regarding the version adopted and where to obtain it is set out in WAC 480-110-999, Adoption by reference.

[Statutory Authority: RCW 80.01.040. 99-24-100 (Order R-467, Docket No. UW-980082), § 480-110-485, filed 11/30/99, effective 12/31/99.]


NEW SECTION
WAC 480-110-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective date, references within this chapter, and availability of the resources are as follows:

     (1) The Uniform System of Accounts for Water Utilities is published by the National Association of Regulatory Utility Commissioners (NARUC).

     (a) The commission adopts the version in effect in 1996.

     (b) This publication is referenced in WAC 480-110-275, Accounting, and reporting requirements and regulatory fees.

     (c) The Uniform System of Account for Water Utilities is a copyrighted document. Copies are available from NARUC, in Washington, D.C.

     (2) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is published by the National Association of Regulatory Utility Commissioners (NARUC).

     (a) The commission adopts the version in effect in 1985.

     (b) This publication is referenced in WAC 480-110-485, Retention and preservation of records and reports.

     (c) The Regulations to Govern the Preservation of Records of Electric, Gas, and Water Companies is a copyrighted document. Copies are available from NARUC, in Washington, D.C.

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