reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-925 - Appeals and procedure › Section 192-925-010 - Who can appeal or submit a petition for review?

Current through Register Vol. 24-14, July 15, 2024
(1) An aggrieved party as defined in WAC
				192-900-005 may file an appeal to the department by using the department's
				online services, or in another format approved by the department.
(2) Any aggrieved party who receives a
				decision from the office of administrative hearings, other than an order
				approving a withdrawal of appeal, a consent order, or an interim order, may
				file a written petition for review, including filing by using the department's
				online services, or in another format approved by the department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-925 - Appeals and procedure › Section 192-925-015 - Sections of general procedural rules for appeal under chapter 192-800 WAC apply

Current through Register Vol. 24-14, July 15, 2024
Per
				  RCW
				     50B.04.120, appeal procedures under Title 50B
				  RCW must align with the appeal procedures under Title 50A RCW. The following
				  general procedural rules for appeal under the paid family and medical leave
				  program apply to the long-term services and supports trust program:
(1) WAC
				192-800-040
				What are the timeliness requirements for submitting an appeal or a petition for
				review?
(2) WAC
				192-800-045
				Can an appeal be withdrawn?
(3) WAC
				192-800-050
				What happens after an appeal is submitted?
(4) WAC
				192-800-055
				Who will be notified if an appeal is filed and what will it include?
(5) WAC
				192-800-060
				What happens if an appeal or a petition has been filed and one of the parties
				has a change of contact information?
(6) WAC
				192-800-065
				How does the time computation work for perfecting an appeal or petition for
				review?
(7) WAC
				192-800-070
				Who can give testimony and examine witnesses during an appeal
				hearing?
(8) WAC
				192-800-075
				Who can request a postponement of a hearing?
(9) WAC
				192-800-080
				Will depositions and written discovery be permitted?
(10) WAC
				192-800-085
				When will administrative law judges hear consolidated cases?
(11) WAC
				192-800-090
				What is included in decisions issued by the office of administrative
				hearings?
(12) WAC
				192-800-095
				Can a decision of the commissioner incorporate a decision under
				review?
(13) WAC
				192-800-100
				What is the process for filing petition for review and any reply to the
				petition for review?
(14) WAC
				192-800-105
				When and how can an administrative law judge dispose of an appeal?
(15) WAC
				192-800-110
				What options are available for an aggrieved party who received an order of
				default?
(16) WAC
				192-800-115
				What is the process for filing a petition for reconsideration to the
				commissioner's review office?
(17)
				WAC
				192-800-120
				When would the commissioner not issue declaratory orders?
(18) WAC
				192-800-125
				When is a petition for review considered delivered to the department?
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-930 - Audits › Section 192-930-005 - Audit procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may inspect and audit employer files and records as needed to ensure compliance
				with Title 50B RCW. Audits may take place at the discretion of the
				department.
(2) Employers must
				provide all requested information to the department within 10 business days or
				a time frame agreed to by the department.
(3) If the department discovers violations
				for the time frame being audited, the department may expand the audit to
				include prior and subsequent quarters, up to the most recently completed
				calendar quarter.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-930 - Audits › Section 192-930-010 - What happens if an employer fails to provide requested information to the department for an audit?

Current through Register Vol. 24-14, July 15, 2024
Employers must provide all requested documentation as it
				  pertains to the long-term services and supports trust program under Title 50B
				  RCW. If an employer fails or refuses to provide necessary payroll or other wage
				  information during an audit, the department may determine payroll and wage
				  information for the purposes of premium assessment based on information
				  otherwise available to the department. This may include information from the
				  same employer, similar employers, labor market information, information
				  provided to other state or local agencies, or the best information otherwise
				  available to the department.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-12 - Washington State Environmental Policy Act rules › Section 194-12-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to the authority granted
				in RCW
				   43.21C.120, requiring each state agency to
				adopt rules implementing the State Environmental Policy Act.
This chapter is also promulgated to comply with WAC
				197-11-904(2) and
				(4).
Statutory Authority:
				  RCW
				  43.21C.120. 84-20-044 (Order 84-01), §
										194-12-010, filed 9/28/84.
				  Statutory Authority:
				  RCW
				     43.21F.045(12). 82-17-030
				  (Order 82-2), §
										194-12-010, filed 8/11/82; Order
				  1, §
										194-12-010, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-12 - Washington State Environmental Policy Act rules › Section 194-12-020 - Statement of exemption

Current through Register Vol. 24-14, July 15, 2024
The Washington state energy office has reviewed the activities
				it is authorized to undertake and finds them all to be exempt as provided in
				part nine - Categorical exemptions WAC
				197-11-875(23).
Statutory Authority:
				  RCW
				  43.21C.120. 84-20-044 (Order 84-01), §
										194-12-020, filed 9/28/84; Order
				  1, §
										194-12-020, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to the authority granted
				in RCW 34.04.020 and according to the guidelines established in  10 C.F.R.
				§ 205  of the Federal Mandatory Petroleum Allocation
				Regulations.
Order 1, §
										194-14-010, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish administrative
				procedures with respect to state orders issued under the authority granted by
				the Emergency Petroleum Allocation Act and appeals from such
				orders.
Order 1, §
										194-14-020, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words and terms have the following meanings for
				the purposes of this chapter, unless otherwise indicated:
(1) "Agricultural production" means all the
			 activities classified under the industry code numbers specified in paragraph
			 (a) below as set forth in the
Standard Industrial Classification
			 Manual
, 1972 edition, except those industry code numbers listed in
			 paragraph (b) which are excluded:
(a)
			 Activities included.
(i) All industry code
			 numbers included in Division A, agriculture, forestry and fishing, except as
			 specified in paragraph (b) of this section.
(ii) All industry code numbers included in
			 Major Group 20, food and kindred products, of Division D, as specified in
			 paragraph (b) below; and
(iii) All
			 the following other industry code numbers:
1474
Potash, soda and borate minerals (potash mining
							 only);
1475
Phosphate rock;
2141
Tobacco stemming and redrying;
2411
Logging camps and logging contractors;
2421
Sawmills and planing mills;
2819
Industrial inorganic chemicals, not elsewhere
							 classified (dicalcium phosphate only);
2873
Nitrogenous fertilizers;
2874
Phosphatic fertilizers;
2875
Fertilizers, mixing only;
2879
Pesticides and agricultural chemicals not elsewhere
							 classified;
4212
Local trucking without storage (farm to market
							 hauling and log trucking only);
4971
Irrigation systems (for farm use); and
5462
Retail bakeries, baking and selling.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-040 - Applications for set-aside assignments - Form

Current through Register Vol. 24-14, July 15, 2024
Except as provided in WAC
				194-14-050, all applications for
				state set-aside assignment shall be submitted on forms approved by the office
				or in a signed letter containing the following information:
(1) The applicant's name, address, telephone
			 number, prime supplier, amount requested and an explanation of the reason for
			 the application, including the date by which the product is needed[(;)][,] and
			 if available, the applicant's allocation for the month of
			 application.
(2) The applicant must
			 identify energy conservation programs which that individual or firm has in
			 effect.
(3) If the applicant is a
			 wholesale purchaser-reseller, current retail prices being charged for the
			 requested fuel.
(4) If the
			 applicant is a service or gas station, anticipated days and hours of operation.
The office may request such additional information from an
				applicant as it deems necessary.
Statutory Authority: RCW 43.21F.050(12). 79-09-078 (Order
				  79-1), §
										194-14-040, filed 8/30/79; Order
				  1, §
										194-14-040, filed 1/18/77.
Reviser's note:
RCW
				     34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-050 - Applications for set-aside assignment - Form - Exception

Current through Register Vol. 24-14, July 15, 2024
An application for state set-aside assignment may be made
				orally when extraordinary circumstances make it impossible for the applicant to
				submit a written application. When a verbal request is made, the office will
				require written confirmation by the applicant of the information required by
				WAC 194-14-040.
Order 1, §
										194-14-050, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-060 - State set-aside assignments

Current through Register Vol. 24-14, July 15, 2024
(1) General. To the extent that such supplies
			 are available to the state, assignments from the state set-aside may be made to
			 wholesale purchaser-consumers and end-users located within the state who
			 demonstrate hardship or emergency, or to wholesale purchaser-resellers to
			 enable them to supply such persons. An applicant may be deemed to demonstrate
			 hardship if:
(a) Such applicant is undergoing
			 curtailment of an energy source and must depend on an alternate source of
			 energy for which he has no allocation or an insufficient allocation;
			 or
(b) Said applicant is a
			 wholesale purchaser-reseller and demonstrates:
(i) A need for additional product as a result
			 of supply imbalance; and
(ii) Good
			 faith compliance with fair marketing practices; and
(iii) In cases where long term relief is
			 available through action by the U.S. DOE, that such action has been initiated
			 by the applicant; or
(c)
			 Said applicant is an end-user or wholesale purchaser-consumer who is unable to
			 obtain needed product for his own use from his supplier of record.
(d) Said applicant has an energy conservation
			 program in effect.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-070 - State set-aside action

Current through Register Vol. 24-14, July 15, 2024
The office shall take action on an application by either
				ordering an assignment, denying the application or requesting more information
				within ten business days after the application has been received by the office.
				If the office fails to take action on an application within ten days, the
				applicant may treat the application as having been denied in all respects and
				may appeal therefrom. If an application is denied, a copy of the denial shall
				be served upon the applicant.
Order 1, §
										194-14-070, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-090 - Assignment of state set-aside supplier

Current through Register Vol. 24-14, July 15, 2024
State set-aside assignments shall generally be issued through
				the prime supplier with whom the applicant has an established base period
				supply volume. In exceptional cases, the office may order assignments through
				alternate prime suppliers or may split assignments between prime suppliers.
				When assignments are made to a retail gasoline outlet from a supplier other
				than the supplier associated with the outlet's brand name, the applicant shall
				comply with
				RCW
				   9.16.080 and shall post a disclaimer to the
				effect that the product sold is not the brand usually associated with the
				outlet.
Order 1, §
										194-14-090, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-100 - Submission of set-aside order to prime supplier

Current through Register Vol. 24-14, July 15, 2024
Upon approval by the office of a state set-aside assignment,
				the fuel allocation officer shall issue a written order authorizing the
				assignment and shall serve it on the prime supplier and, where applicable, the
				local distributor of the prime supplier, from whose set-aside the assigned
				product is to be drawn. An order issued by the office under this section is
				effective upon issuance, unless stayed, modified, suspended or rescinded, and
				represents a call on the prime supplier's set-aside volume for the month of
				issuance, even if delivery of the product cannot be made until the following
				month.
Order 1, §
										194-14-100, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-110 - Application for permanent assignment - Form

Current through Register Vol. 24-14, July 15, 2024
An application for a permanent assignment which falls under the
				state's jurisdiction shall be made on forms issued by the Federal Energy
				Administration for that purpose and shall be filed with the office. Forms shall
				be available from the office.
Order 1, §
										194-14-110, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-120 - Permanent assignments - Criteria - Agricultural and passenger transportation services end-users

Current through Register Vol. 24-14, July 15, 2024
Applications from agricultural and passenger transportation
				services end-users will be approved. These end-users must satisfy the office
				through proper verification and certification that they meet the classification
				of agricultural or passenger services end-user.
Statutory Authority: RCW 43.21F.050(12). 79-09-078 (Order
				  79-1), §
										194-14-120, filed 8/30/79; Order
				  1, §
										194-14-120, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-130 - Permanent assignments - Criteria - All other end-users

Current through Register Vol. 24-14, July 15, 2024
Applications from all other end-users will not be approved
				unless the following conditions apply:
(1) There is severe economic impact on the
			 business directly resulting from reliance on retail purchases by that business;
			 and
(2) An energy conservation
			 program is in effect as demonstrated to the office; and
(3) Every attempt has been made, including
			 feasible changes in regular business operations, to obtain needed fuel through
			 retail outlets.
Statutory Authority: RCW 43.21F.050(12). 79-09-078 (Order
				  79-1), §
										194-14-130, filed 8/30/79; Order
				  1, §
										194-14-130, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-140 - Permanent assignment action

Current through Register Vol. 24-14, July 15, 2024
If a permanent assignment is approved by the office, the
				coordinator shall issue a written recommendation to the regional office of the
				Federal Energy Administration for final deposition. A copy of the
				recommendation shall be sent to the applicant and to the applicant's supplier.
				If a permanent assignment is denied by the office, the coordinator shall issue
				an order of denial. The order shall be served upon the
				applicant.
Order 1, §
										194-14-140, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-150 - Appeals

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by an order of the office may file an
				appeal from such order with the director. Notice of appeal shall be filed
				within 15 days of the order from which the appeal is taken, and shall be in
				writing and signed by the appellant. Each appeal shall state:
(1) The reason for the appeal, including the
			 reasons appellant believes the order to be unjust or unwise;
(2) The names and addresses of persons known
			 to appellant who might be adversely affected by the outcome of the
			 appeal;
(3) The nature of the
			 relief sought, whether reversal, modification or some other relief;
(4) A demand for a hearing, or all appeal
			 documents if no oral hearing is requested.
Order 1, §
										194-14-150, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-160 - Appeals board

Current through Register Vol. 24-14, July 15, 2024
All appeals taken under these regulations shall be heard by the
				fuel allocation appeals board which shall consist of the director of the office
				or his designee who shall serve as ex officio member, and the directors, or
				their designees, of the Washington state departments of agriculture, state
				patrol and commerce and economic development.
Statutory Authority: RCW 43.21F.050(12). 79-09-078 (Order
				  79-1), §
										194-14-160, filed 8/30/79; Order
				  1, §
										194-14-160, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-170 - Hearing

Current through Register Vol. 24-14, July 15, 2024
Within 20 days after the receipt of a notice of appeal, the
				director shall set a hearing date or, if no hearing is requested, a date for
				consideration of the appeal by the appeals board. The director shall serve upon
				all affected persons known to the director:
(1) A statement of the time, place and nature
			 of the proceeding;
(2) A statement
			 of the legal authority and jurisdiction under which the hearing is to be
			 held;
(3) A reference to the
			 particular sections of the statutes and rules involved;
(4) A short and plain statement of the
			 matters asserted. If the agency or other party is unable to state the matters
			 in detail at the time the notice is served, the initial notice may be limited
			 to a statement of the issues involved. Thereafter upon request a more definite
			 and detailed statement shall be furnished.
Order 1, §
										194-14-170, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-180 - Parties

Current through Register Vol. 24-14, July 15, 2024
For purposes of these rules, the parties to an appeal shall be
				the appellant and the office. If the appellant is a person other than the
				original applicant for the order, the applicant may be permitted to intervene.
				Upon application, any other person may be permitted to intervene upon a showing
				that he will be adversely affected by the outcome of the appeal, unless the
				board determines that his interest is adequately represented by one of the
				parties or intervenors to the appeal.
Order 1, §
										194-14-180, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-190 - Appeal proceedings

Current through Register Vol. 24-14, July 15, 2024
The provisions of chapter 1-08 WAC, shall govern all
				proceedings before the appeals board.
Order 1, §
										194-14-190, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-200 - Prehearing conference

Current through Register Vol. 24-14, July 15, 2024
In any proceeding the board may, upon its motion or upon the
				motion of one of the parties, direct the parties to appear at a specified time
				and place for a conference. Such notice shall be provided not less than five
				days before the date of the conference.
Order 1, §
										194-14-200, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-210 - Informal disposition

Current through Register Vol. 24-14, July 15, 2024
Informal disposition may be made of an appeal or any issue
				therein by stipulation, agreed settlement, or consent order at any point in the
				proceedings.
Order 1, §
										194-14-210, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-220 - Transcript

Current through Register Vol. 24-14, July 15, 2024
A verbatim record of the hearing shall be taken by a court
				reporter or recording equipment. A court reporter shall be used if demanded by
				any party, and the expense of the court reporter shall be paid by the demanding
				party, unless the office agrees otherwise. The verbatim recording will not be
				transcribed unless requested by a party. If a transcript is requested, the
				board may require the requesting party to pay the reasonable cost of preparing
				the transcript.
Order 1, §
										194-14-220, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-230 - Judicial review

Current through Register Vol. 24-14, July 15, 2024
The decision of the appeals board shall constitute a final
				decision for the purposes of RCW 34.04.130 and review of such final decision
				may be had to a superior court of competent jurisdiction pursuant to RCW
				34.04.130.
Order 1, §
										194-14-230, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-14 - Emergency Petroleum Allocation Act rules › Section 194-14-240 - Agency decision

Current through Register Vol. 24-14, July 15, 2024
Every decision of the appeals board shall:
(1) Be correctly captioned as to name of
			 proceeding and the fuel allocation appeals board;
(2) Designate all parties and counsel to the
			 proceeding;
(3) Include a concise
			 statement of the nature and background of the proceeding;
(4) Be accompanied by appropriate findings of
			 fact and conclusions of law;
(5)
			 Whenever practical, the conclusions of law shall include the reason or reasons
			 for the particular order or remedy afforded.
A copy of the order shall be delivered or mailed to each party
				or his designated representative, and to any person readily identifiable by the
				appeals board as one who is aggrieved by such order.
Order 1, §
										194-14-240, filed
				  1/18/77.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-18 - Receipt of funds › Section 194-18-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to the authority granted
				in chapter 34.05
				RCW and RCW
				   43.21F.045(12).
Statutory Authority:
				  RCW
				  43.21F.045(12). 89-15-013
				  (Order 89-11-083), §
										194-18-010, filed 7/10/89,
				  effective 8/10/89.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-18 - Receipt of funds › Section 194-18-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth the means by which
				the Washington state energy office may receive funds by specifying a list of
				"other devices" as found in
				RCW
				   43.21F.060(2).
Statutory Authority:
				  RCW
				  43.21F.045(12). 89-15-013
				  (Order 89-11-083), §
										194-18-020, filed 7/10/89,
				  effective 8/10/89.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-18 - Receipt of funds › Section 194-18-030 - Receipt of funds

Current through Register Vol. 24-14, July 15, 2024
The Washington state energy office is empowered in
				RCW
				   43.21F.060(2) to receive
				funds "by means of contracts, grants, awards, payments for services and other
				devices." "Other devices" is defined as cash, negotiable instruments (e.g.,
				checks, promissory notes), purchase orders, money orders, letters of credit,
				requests for advance or reimbursement, valid credit cards and charge cards
				issued by a bank or other financial institutions, and documented "in-kind"
				services.
Statutory Authority:
				  RCW
				  43.21F.045(12). 89-15-013
				  (Order 89-11-083), §
										194-18-030, filed 7/10/89,
				  effective 8/10/89.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-010 - Purpose and goal

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish the process by
				which the state of Washington and Washington state utilities will initiate and
				implement statewide electric load curtailment when there is an insufficient
				supply of electric energy. This chapter constitutes the Washington state
				curtailment plan for electric energy (plan). The plan is not intended to be
				activated for relatively short-term emergencies such as those caused by
				extremely cold weather or the temporary loss of a major generating plant, but
				for regional, protracted shortages of electric energy. The plan will be
				activated by the department of community, trade, and economic development for
				regional emergencies for which regional curtailment is necessary. Such
				emergencies may or may not coincide with other emergencies for which other
				actions, such as repair of damaged facilities, are necessary.
The goal of this plan is to accomplish necessary curtailment
				while treating consumers fairly and equitably, minimizing adverse impacts from
				curtailment, complying with existing state laws and regulations, and providing
				for smooth, efficient, and effective curtailment
				administration.
Statutory Authority:
				  RCW
				  43.21F.045. 99-21-008, §
										194-22-010, filed 10/8/99,
				  effective 11/8/99; 94-20-103, §
										194-22-010, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-030 - Curtailment stages

Current through Register Vol. 24-14, July 15, 2024
State curtailment directives apply to all retail loads served
				within the state of Washington. Under this plan, curtailment is requested or
				ordered as a percentage of historical, base billing period electric energy
				consumption, weather normalized at the discretion of each utility, for all
				individual residential, general, and major use consumers in the state of
				Washington. Curtailment stages are associated with increasing energy deficits,
				and are therefore likely to be implemented in a sequential manner, however,
				circumstances may require nonsequential implementation.
The five curtailment stages are:
Curtailment
Stage #
Nature
Percent
Type of Curtailment
Stage 1
Voluntary
No specified %
Uniform among all consumers
Stage 2
Voluntary
5%+
Uniform among all consumers
Stage 3
Mandatory
5 to 15%
Uniform among all consumers
Stage 4
Mandatory
15%
Residential consumers
15%+
General use consumers
15%+
Major use consumers
Stage 5
Mandatory
% associated
with Stage 4+ additional
curtailment
Continued consumer
curtailment plus utility
action, including plant
closures and possible
black-outs
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-030, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-040 - Initiation of load curtailment

Current through Register Vol. 24-14, July 15, 2024
The state, in consultation with regional state and utility
				contacts, will determine if curtailment is required, and if so, the appropriate
				initial stage. It is the intent of the state to initiate statewide curtailment
				concurrent with Oregon, Idaho, and Montana, leading to an effective regional
				curtailment and consistent implementation policies. The state will formally
				notify the utility coordinator and all electric utilities operating within the
				state of Washington that regional and statewide electric load curtailment are
				in effect. If any stage associated with a specific level of curtailment is
				declared (Stages 2-5), the state will publicly announce the need for
				curtailment and provide all utilities operating within the state of Washington
				with written instructions regarding utility obligations during the period of
				state-initiated load curtailment. Upon notification by the state, utilities
				shall immediately initiate curtailment on their own systems in conformance with
				this plan.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-040, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-050 - Curtailment administration - Stage by stage utility obligations

Current through Register Vol. 24-14, July 15, 2024
Throughout the curtailment period, utilities will provide
				consumers with as much useful information as they reasonably can. The
				requirements specified below represent minimum actions to be taken. All
				requirements for lower level stages continue to apply to higher level stages.
				Utilities will provide information to the public, state and utility coordinator
				in conformance with the regional curtailment plan for electric energy, Appendix
				B, "Types of Curtailment Information."
(1) Stage 1 requirements: Utilities will
			 begin providing curtailment information to all consumers. Utilities shall also
			 assist states, as appropriate, in briefing the media about the
			 shortage.
(2) Stage 2 requirements:
			 Utilities will:
(a) Notify consumers of the
			 percentage level of state-initiated voluntary curtailment;
(b) Provide curtailment tips to
			 consumers;
(c) Answer consumer
			 questions about curtailment;
(d)
			 Provide curtailment reports to the states and the utility coordinator;
			 and
(e) Provide more detailed
			 information to the media than provided in Stage 1.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-060 - Curtailment administration - Suggested curtailment actions

Current through Register Vol. 24-14, July 15, 2024
Utilities will provide their consumers with curtailment
				information about actions they can take to reduce their electric energy
				consumption. The state and utilities will work together to develop this
				material. The recommendations will be based on the actions described in the
				regional curtailment plan for electric energy, Appendix C, "Curtailment
				Measures." Utilities are responsible for tailoring curtailment information to
				their service areas, adding utility-specific information, printing the material
				in an appropriate form, and disseminating it to their
				consumers.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-060, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-070 - Curtailment administration - Base year, base billing period data

Current through Register Vol. 24-14, July 15, 2024
The state will select a base year to be used in calculating
				curtailment targets for individual consumers. Base year and base billing period
				data may be weather-normalized at each utility's discretion using standard
				utility procedures, and will be calculated for any consumer audited under this
				plan. Utilities may elect to audit residential and general use consumers for
				whom no actual base year or base billing period data exists, but must estimate
				data for such consumers. Utilities will estimate base year and base billing
				period data for all major use consumers for whom no actual billing data
				exists.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-070, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-080 - Curtailment administration - Curtailment targets

Current through Register Vol. 24-14, July 15, 2024
Under voluntary curtailment utilities need do no more than
				provide curtailment tips to consumers, provided sufficient curtailment is being
				achieved equitably between states and utilities. At the direction of the state,
				utilities will provide individual consumers with curtailment targets. Utilities
				will provide retrospective, current, and forthcoming billing period curtailment
				target data to all consumers as directed by the state. Under mandatory
				curtailment the following will apply:
(1) At a minimum, utilities will provide
			 retrospective, current, and forthcoming billing period curtailment target data
			 to any audited consumer and to any consumer who so requests.
(2) Utilities may elect to audit up to one
			 hundred percent of their customers, provided that each billing period minimum
			 audit level requirements are met. Unless adjusted by the state, the minimum
			 audit level will be at least one percent of residential consumers, five percent
			 of general use consumers, one hundred percent of major use consumers, and any
			 consumer whose previous billing period consumption exceeded the threshold
			 consumption level. Such consumers will continue to be audited until their
			 energy use falls below the threshold consumption level. Once their energy use
			 falls below that level, they will be audited again only if selected by
			 sample.
(3) For audit, new samples
			 will be drawn each month. The number of consumers exempted or excluded from
			 audit will not affect the sample size.
(4) Unless a utility is auditing one hundred
			 percent of its residential and general use consumers, all such consumers
			 selected for audit will be chosen on a random sample basis, except that the
			 following consumers will be excluded:
(a)
			 Consumers granted an exemption under this plan; and
(b) Consumers with an estimated power bill in
			 the current billing period.
Utilities may elect to exclude residential and general use
				consumers with estimated base billing period data, if the state does not
				require their inclusion in the pool of consumers subject to audit.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-090 - Curtailment administration - Excess power consumption

Current through Register Vol. 24-14, July 15, 2024
Excess power consumption is calculated at each utility's
				discretion as one of two values: Actual or estimated load minus curtailment
				target; or weather-normalized load minus curtailment target. Enforcement
				measures (see WAC
				194-22-110, mandatory curtailment
				enforcement) will only be assessed on excess power consumption if a consumer's
				actual, estimated or weather-normalized load is greater than the threshold
				consumption level.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-090, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-100 - Curtailment administration - Threshold consumption level

Current through Register Vol. 24-14, July 15, 2024
The threshold consumption level assigned to each consumer class
				is identified in the table below. These values are subject to change by the
				state.
Type of Consumer
Threshold Consumption Level
Residential
consumers
10% above
curtailment target
General use
consumers
10% above
curtailment target
Major use
consumers
2% above
curtailment target
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-100, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-110 - Curtailment administration - Mandatory curtailment enforcement

Current through Register Vol. 24-14, July 15, 2024
The state will take whatever measures are available and
				appropriate at the time mandatory curtailment is instituted to ensure that
				consumers comply with the mandates of the plan.
Enforcement measures applicable to BPA's DSI customers may be
				assessed by the state based on billing data provided by BPA.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-110, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-120 - Curtailment administration - Exemptions and adjustments

Current through Register Vol. 24-14, July 15, 2024
(1) Utilities will inform consumers how to
			 apply for exemption from plan requirements and for adjustments of base billing
			 period data. Utilities may elect to process exemptions and adjustments only for
			 audited consumers. Consumers seeking an exemption or adjustment shall apply
			 first to their utility and then, if dissatisfied with that outcome, to the
			 state.
(2) No automatic consumer
			 exemptions will be granted under mandatory state-initiated load curtailment.
			 Critical load consumers may be exempted once they have demonstrated to their
			 utility that they have eliminated all nonessential energy use and are using any
			 reliable, cost-effective back-up energy resources. Exempted consumers should be
			 informed that exemption may not protect them from Stage 5 black-outs.
(3) Exemptions for consumers not qualifying
			 as critical load consumers under this plan will be evaluated based on whether
			 curtailment would result in unreasonable exposure to health or safety hazards,
			 seriously impair the welfare of the affected consumer, cause extreme economic
			 hardship relative to the amount of energy saved, or produce counterproductive
			 results.
(4) Utilities will
			 maintain a list of all consumers applying for exemption, noting the account,
			 the nature of the requested exemption (base year adjustment or exemption from
			 the mandatory curtailment order), the rationale provided by the consumer, and
			 the action taken by the utility with respect to the request. Records regarding
			 exemption determinations will be made available to the department of community,
			 trade, and economic development upon request.
Statutory Authority:
				  RCW
				  43.21F.045. 99-21-008, §
										194-22-120, filed 10/8/99,
				  effective 11/8/99; 94-20-103, §
										194-22-120, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-130 - Curtailment administration - State appeals board

Current through Register Vol. 24-14, July 15, 2024
(1) In the event that mandatory curtailment
			 is ordered, the state shall form an electricity curtailment appeals board
			 (board) to process consumer requests for either exemption or adjustment of base
			 year data where the consumer is appealing a utility determination. The board
			 shall consist of twelve members: The director of the department of community,
			 trade, and economic development or designee who shall serve as chair, the chair
			 of the Washington utilities and transportation commission or designee, and one
			 representative from each of the following groups as appointed by the governor;
			 public utility districts, cooperative, municipal, and investor-owned utilities,
			 county and municipal government, commercial and industrial users, and two
			 citizens at large.
(2) The board
			 will:
(a) Develop its own plans and
			 procedures for hearing appeals;
(b)
			 Initiate communications with utilities for receiving appeals; and
(c) Provide information to the governor for
			 any case in which the board refuses to grant the requested exemption or
			 adjustment.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-140 - Utility exemption from plan

Current through Register Vol. 24-14, July 15, 2024
The state expects all electric utilities to comply with all
				aspects of this plan, and to work together to assist each other in conforming
				to curtailment requirements. Nevertheless, utilities may appeal to the state
				requesting an exemption from any aspect of this plan. A petition for exemption
				shall identify specific requirements from which a utility wishes to be
				exempted, demonstration of need for the exemption, and alternative actions the
				utility will take in lieu of complying with plan
				requirements.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-140, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-150 - Utility waiver of liability and financial relief

Current through Register Vol. 24-14, July 15, 2024
Utilities are released from liability and may seek financial
				relief from the extraordinary costs of curtailment in accordance with
				RCW
				   43.21G.050 and
				43.21G.080.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-150, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-160 - Scheduling curtailment

Current through Register Vol. 24-14, July 15, 2024
During periods of mandatory curtailment a consumer is obligated
				to provide the requisite amount of curtailment within each billing period.
				Within that billing period, and subject to equipment limitations and utility
				rules on load fluctuations, consumers are free to schedule their curtailment so
				as to minimize the economic cost, hardship, or inconvenience they experience as
				a result of the mandatory curtailment requirement.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-160, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-170 - Purchase of curtailment requirements

Current through Register Vol. 24-14, July 15, 2024
General and major use customers may, with approval from the
				state, and with the assistance and approval of effected utilities, sell
				curtailment requirements to other regional general and major use customers,
				which would allow reduced curtailment for one customer and a commensurate
				increase in curtailment requirements for the other. No arrangement under this
				section may be carried out that contravenes the goals of regional curtailment.
				No sale of curtailment requirements may result in a net increase in actual
				electricity consumption during the curtailment year.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-170, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-180 - Consumer owned generation

Current through Register Vol. 24-14, July 15, 2024
Consistent with the need for safety and system protection,
				consumers having their own generation facilities or access to electricity from
				nonutility power sources may use energy from those other sources to supplement
				their curtailed power purchases from their electric utility.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-180, filed 10/4/94,
				  effective 11/4/94.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-22 - Washington state curtailment plan for electric energy › Section 194-22-190 - Return to normal operations

Current through Register Vol. 24-14, July 15, 2024
The state will develop a plan for returning to normal utility
				operations based upon the circumstances at the end of the shortage. The nature
				of the actions required will depend on the last existing stage of curtailment
				and the actions taken and processes put in place during the curtailment. At a
				minimum, the procedures will address public information matters and the
				close-out of curtailment administrative procedures.
Statutory Authority:
				  RCW
				  43.21F.045. 94-20-103, §
										194-22-190, filed 10/4/94,
				  effective 11/4/94.