Chapter 463-58 WAC

Last Update: 2/13/09

CHARGES FOR INDEPENDENT CONSULTANT STUDY, REGULAR AND EXPEDITED APPLICATION PROCESSING, ELECTRICAL TRANSMISSION PREAPPLICATIONS, DETERMINING COMPLIANCE AND POTENTIAL SITE STUDY

WAC Sections

463-58-010Purpose.
463-58-020Costs for the independent consultant studies.
463-58-030Costs for regular application processing.
463-58-040Costs for expedited application processing.
463-58-050Costs for determining compliance.
463-58-060Costs for potential site studies.
463-58-065Costs for preapplication process for electrical transmission facilities.
463-58-070Failure to provide necessary costs.
463-58-080Payment, reporting and auditing procedures.


463-58-010
Purpose.

This chapter sets rules relating to costs or charges for independent consultant studies, regular and expedited application processing, electrical transmission facility preapplication, determining compliance and potential site studies. The department of community, trade, and economic development will provide all fiscal services for the council. For the purposes of this chapter "department" shall mean the department of community, trade, and economic development.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-010, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-010, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-010, filed 4/26/78.]



463-58-020
Costs for the independent consultant studies.

Pursuant to RCW 80.50.071, a deposit of twenty-five thousand dollars for each proposed site shall accompany the application for an energy facility site certification. This charge shall be applied toward the total cost of the independent consultant study authorized by RCW 80.50.071. The determination of the total costs required for the study shall generally be as follows:
(1) The council may determine that the initial charge of twenty-five thousand dollars is insufficient to adequately fund the study. If so, the council shall so advise the applicant and shall furnish an estimate of the supplemental costs needed to complete the study and shall direct the applicant to increase the funds on deposit to cover the anticipated costs. In no event shall the study be allowed to continue if the applicant has not agreed to pay the cost thereof and has not deposited the agreed upon funds;
(2) Should the applicant file amendments or supplements to the application or should the council find that additional study of the application is required, additional cost estimates will be prepared by the consultant and provided to the council. Upon approval of the estimate by the council, the applicant shall be advised of the additional study costs;
(3) The council shall authorize the independent consultant to initiate evaluation of the application materials or subsequently filed amendatory or supplementary materials when the applicant has paid the required costs.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-020, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-020, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-020, filed 4/26/78.]



463-58-030
Costs for regular application processing.

Pursuant to RCW 80.50.071 each applicant for energy facility site certification shall at the time of application submission deposit twenty thousand dollars for costs related to processing of the application. Such processing costs shall consist of those determined by the council to be reasonable and necessary including:
(1) A hearing examiner(s) who may be retained by the council for the duration of the application processing period or for such portion of the processing period as the council may consider necessary;
(2) A court reporter(s) for the recording and preparation of transcripts of an adjudicative proceeding, council meetings or public sessions which the council shall consider necessary;
(3) Additional staff salaries for those persons employed on the council staff for the duration of the application processing period; and
(4) Such overhead and support costs including wages and employee benefits, goods and services, travel expenses within the state and miscellaneous expenses as arise directly from application processing;
(5) The council may determine that the initial charge of twenty thousand dollars is insufficient to fund the council costs. If so, the council shall so advise the applicant and shall request the applicant to increase the funds on deposit to cover the anticipated costs. In no event shall the processing of the application continue if the applicant has not agreed to pay the cost thereof and has not deposited the agreed upon funds.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-030, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-030, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.040. WSR 91-03-090, § 463-58-030, filed 1/18/91, effective 2/18/91. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-030, filed 4/26/78.]



463-58-040
Costs for expedited application processing.

Applicants filing applications for expedited processing under RCW 80.50.075 shall provide funding in accordance with WAC 463-58-020 and 463-58-030.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-040, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-040, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-040, filed 4/26/78.]



463-58-050
Costs for determining compliance.

Pursuant to RCW 80.50.071 (1)(c) each certificate holder shall pay such reasonable costs as are actually and necessarily incurred by the council for inspection and determination of compliance by the certificate holder with the terms and conditions of the certificate. The amount of funds required to be placed on deposit by the certificate holder shall be determined by the council and deposited by the applicant within thirty days of the governor's signing the site certification agreement.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-050, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-050, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-050, filed 4/26/78.]



463-58-060
Costs for potential site studies.

Ten thousand dollars shall accompany the study request and be a condition precedent to any action by the council. In the event that the council determines that the initial fee of ten thousand dollars is insufficient to adequately fund the potential site study, the council shall so advise the potential applicant and shall furnish an estimate of the supplemental funds needed to complete the study. In no event shall the study be allowed to continue if the potential applicant has not agreed to pay the cost.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-060, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-060, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-060, filed 4/26/78.]



463-58-065
Costs for preapplication process for electrical transmission facilities.

Pursuant to RCW 80.50.340, ten thousand dollars shall accompany any preapplication request. If the council determines that the initial ten thousand dollars is insufficient to adequately fund the preapplication process, the council shall so advise the potential applicant and shall provide an estimate of the supplemental cost needed to complete the study. In no event shall the study be allowed to continue if the potential applicant has not agreed to pay the cost of the study. Any unexpended funds shall be returned to the preapplicant.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-065, filed 2/13/09, effective 3/16/09.]



463-58-070
Failure to provide necessary costs.

Failure to comply with WAC 463-58-020 through 463-58-060 shall result, in the case of an applicant, in suspension of all application processing activities or, in the case of a certificate holder, in the council's initiation of enforcement action pursuant to WAC 463-70-070. The council will require any delinquent applicant or certificate holder to show cause why the council should not suspend application processing. Following deposit of all required funds the council shall in the case of application processing, consider reinstatement of application processing, or in the case of a certificate holder, reconsider enforcement action.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-070, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-070, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-070, filed 4/26/78.]



463-58-080
Payment, reporting and auditing procedures.

(1) The department provides all financial services for the council and will provide each applicant or certificate holder a statement of expenditures actually made during the preceding calendar quarter; the statement will be in sufficient detail to explain expenditures made against the deposited funds. Within thirty days of the receipt of the department's statement the applicant or certificate holder will pay an amount necessary to restore the total amount on deposit to the level established pursuant to WAC 463-58-020 through 463-58-060.
(2) Any funds remaining unexpended shall be refunded to the certificate holder, or in the case of an applicant to the applicant or, at the applicant's option, credited against required deposits of a certificate holder.
(3) All payments shall be payable to the state treasurer. The method of payment shall be prearranged with the department prior to submission. The department will establish and maintain separate accounts for each application and certificate. All funds will be subject to state auditing procedures. The department will provide copies of such audits to the affected applicants and certificate holders as they are completed by the state auditor.
[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-080, filed 2/13/09, effective 3/16/09. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-58-080, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.071. WSR 78-05-054 (Order 78-2), § 463-58-080, filed 4/26/78.]