reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart B - General Rate Proceedings › Section 480-07-505 - General rate proceedings-Definition-Tariff suspension

Current through Register Vol. 24-14, July 15, 2024
(1)
Filings that initiate general rate
				  proceedings.
Except as otherwise provided in this rule or
				  RCW
				  80.04.130(2)(a) (governing
				  rate decreases for telecommunications companies), the commission will initiate
				  a general rate proceeding in response to a filing by any public service company
				  identified in WAC
				  480-07-500
				  requesting to change its rates if that filing meets any of the following
				  criteria:
(a) The rates a company requests
				  would alter its gross annual revenue from activities the commission regulates
				  by three percent or more.
(b)
				  Tariffs would be restructured such that the gross revenue provided by any
				  customer class would increase by three percent or more.
(c) The company requests a change in its
				  authorized rate of return on common equity or a change in its capital
				  structure.
(d) The company is a
				  solid waste collection company regulated under chapter 81.77 RCW.
(e) Any petition filed by a person with a
				  substantial interest to change the rates, charges, or rules of a marine
				  pilotage services tariff.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart B - General Rate Proceedings › Section 480-07-530 - General rate proceeding filings-Water companies and Class B telecommunications companies

Current through Register Vol. 24-14, July 15, 2024
General rate proceeding filings by water companies and
					 Class B telecommunication companies as defined in WAC
					 480-120-034
					 must include the information described in this section. The company must file
					 all required documents in electronic form consistent with the requirements in
					 WAC
					 480-07-140.
					 A party may file a document with locked, hidden, or password protected cells
					 only if such restricted access is necessary to protect the information within
					 the cells from public disclosure. The party must identify each locked, hidden,
					 or password protected cell and must designate such cells, as well as any other
					 information the party contends is confidential under
					 RCW
					 80.04.095 or otherwise protected from public
					 disclosure, in compliance with the requirements in WAC
					 480-07-160
					 and any applicable protective order. The party must make such information
					 accessible to all persons who have signed the protective order or are otherwise
					 entitled to access the information including, but not necessarily limited to,
					 commission staff. The filing must include the following:
(1)
Cover letter.
The cover
				  letter must:
(a) Provide a description of the
				  filing and the requested rate change in understandable terms;
(i) Explain any technical terms and otherwise
				  use common terms to describe the filing so the public can easily understand its
				  impact ;
(ii) Define any acronyms
				  before they are used in the text of the letter;
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart B - General Rate Proceedings › Section 480-07-540 - General rate proceedings-Burden of proof

Current through Register Vol. 24-14, July 15, 2024
Public service companies and the petitioner seeking to
					 establish or modify tariff rates for marine pilotage services bear the burden
					 of proof in the general rate proceedings described in
					 RCW
					 80.04.130 or
					 81.04.130.
					 The burden of proof includes the burden of going forward with evidence and the
					 burden of persuasion. The commission will consider the company's or
					 petitioner's initial filing and any supplemental filings the commission
					 authorized to be the company's or petitioner's full direct case in support of
					 its rate change request for purposes of deciding any prehearing motion to
					 dismiss under WAC
					 480-07-380.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-540, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart B - General Rate Proceedings › Section 480-07-550 - General rate proceedings-Compliance filings and other resulting filings (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-550, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart C - Abbreviated and Specialized Forms of Adjudicative Proceedings › Section 480-07-600 - Scope

Current through Register Vol. 24-14, July 15, 2024
Subpart C of this chapter establishes rules for abbreviated
					 and specialized adjudicative proceedings, including brief adjudicative
					 proceedings, emergency adjudicative proceedings, proceedings under the
					 Telecommunications Act of 1996, and proceedings concerning the closure of
					 highway-railroad grade crossings.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. WSR 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-600, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart C - Abbreviated and Specialized Forms of Adjudicative Proceedings › Section 480-07-610 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
When permitted.
The commission may use brief adjudicative
				  proceedings under
				  RCW
				  34.05.482 when :
(a) Such proceedings are consistent with
				  other provisions of law;
(b)
				  Protection of the public interest does not require the commission to give
				  notice and an opportunity to participate to persons other than the
				  parties;
(c) Discovery and prefiled
				  written testimony are not necessary to provide the commission with sufficient
				  evidence to render a determination; and
(d) The commission believes that the issues
				  presented can best be resolved through a brief adjudication consistent with the
				  public interest. In exercising its discretion to conduct a brief adjudication,
				  the commission will consider the preferences of the parties, the possible
				  benefits to be gained from a brief adjudication, and the nature of issues
				  involved.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart C - Abbreviated and Specialized Forms of Adjudicative Proceedings › Section 480-07-630 - Telecommunications companies- Arbitration under the Telecommunications Act of 1996

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope.
This rule implements the arbitration provisions of sections
				  251 and 252 of the Telecommunications Act of 1996, 47 U.S.C. Secs. 251 and
				  252.
(2)
Nature of the
				  proceeding.
Arbitrations that the commission conducts pursuant to 47
				  U.S.C. Sec. 252 are subject to judicial review. Arbitration under this section,
				  however, is not an adjudicative proceeding under the Washington Administrative
				  Procedure Act, chapter 34.05 RCW. Arbitration decisions are binding only upon
				  the parties to the arbitration. Arbitration under this section should be
				  characterized by fairness, cooperation, and openness between or among the
				  parties, and is designed to resolve disputes efficiently and
				  economically.
(3)
Intervention; public counsel.
Arbitrations typically involve only
				  the parties to the negotiation. Others may ask to participate but will be
				  allowed to do so only upon a showing of compelling public interest. The public
				  counsel unit of the office of the Washington state attorney general may elect
				  to participate pursuant to
				  RCW
				  80.04.510.
(4)
Filing and service of a petition
				  for arbitration.
(a)
When
				  allowed.
During the period from the 135th to the 160th day (inclusive)
				  after the date on which an incumbent local exchange carrier receives a request
				  for negotiation under 47 U.S.C. Sec. 252 (b)(1), any party to the negotiation
				  may petition the commission to arbitrate all issues that remain unresolved.
				  Parties may continue to negotiate in good faith and may continue to participate
				  in mediation to resolve the disputed issues after a party requests
				  arbitration.
(b)
Filing.
Parties must file petitions for arbitrat ion under 47
				  U.S.C. Sec. 252 (b)(2) as provided for other petitions under WAC
				  480-07-370(3),
				  and must follow the format requirements for pleadings in WAC
				  480-07-395.
(c)
Service.
A party that
				  files a petition for arbitration must deliver a complete copy of the petition
				  and all accompanying documentation to the other party or parties to the
				  negotiation on the same day that the petitioner files the petition with the
				  commission.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart C - Abbreviated and Specialized Forms of Adjudicative Proceedings › Section 480-07-650 - Petitions for enforcement of telecommunications company interconnection agreements

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to provide a speedy and
					 enforceable means to resolve disputes when one party to an interconnection
					 agreement contends that the other party is violating the terms of the
					 agreement.
(1)
Petitions for
				  enforcement.
A telecommunications company that is a party to an
				  interconnection agreement with another telecommunications company may petition
				  under this rule for enforcement of the agreement.
(a)
What the petition must
				  contain.
Each petition for enforcement must contain the following
				  elements:
(i) A statement, including specific
				  facts, demonstrating that the petitioner engaged in good faith negotiations to
				  resolve the disagreement, and that despite those negotiations the parties
				  failed to resolve the issue.
(ii) A
				  copy of the provision of the interconnection agreement that the petitioner
				  contends the other party is violating.
(iii) A description of facts demonstrating
				  failure to comply with the agreement. One or more affidavits, declarations, or
				  other sworn statements, made by persons having personal knowledge of the
				  relevant facts must support the description.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart C - Abbreviated and Specialized Forms of Adjudicative Proceedings › Section 480-07-660 - Railroad grade-crossing closures

Current through Register Vol. 24-14, July 15, 2024
The commission may grant a petition to close a railroad
					 grade crossing without a hearing unless the commission receives an objection to
					 the proposed closure within twenty days after providing notice of the petition
					 as required in
					 RCW
					 81.53.060.
(1)
Objections.
An objection to
				  a petition to close a railroad grade crossing must be in writing and must:
(a) Identify the person or persons who object
				  by full name, mailing address, telephone number, and email address;
(b) Identify the particular crossing that is
				  the subject of the objection;
(c)
				  State the commission docket number; and
(d) Explain the basis for the objection.
If a communication does not meet these requirements, the
					 commission will not treat the communication as an objection when determining
					 whether a hearing is required under
					 RCW
					 81.53.060.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart D - Alternative Dispute Resolution › Section 480-07-700 - Alternative dispute resolution

Current through Register Vol. 24-14, July 15, 2024
The commission supports parties' informal efforts to
					 resolve disputes without the need for contested hearings when doing so is
					 lawful and consistent with the public interest. Alternative dispute resolution
					 (ADR) includes any mechanism to resolve disagreements, in whole or in part,
					 without contested hearings.
(1)
No delegation of commission authority.
The commission cannot
				  delegate to parties the power to make final decisions in any adjudicative
				  proceeding. The commission will determine whether to approve and adopt any
				  proposed settlement or other agreement and the extent to which it resolves some
				  or all of the issues presented in the proceeding consistent with the public
				  interest.
(2)
Pilot training
				  program stipend.
Any proposed settlement or agreement for pilotage rates
				  must include the necessary tariff surcharge to fund the stipend the board of
				  pilotage commissioners is authorized to pay to pilot trainees and to use in its
				  pilot training program under
				  RCW
				  88.16.035.
(3)
Commission fee to set pilotage
				  service rates.
The parties to any proposed settlement or agreement for
				  pilotage rates must allow for the commission to apply its reasonable fee for
				  setting rates for marine pilotage services.
(4)
Forms of ADR.
The commission
				  provides the following nonexclusive forms of ADR:
(a)
Voluntary negotiation.
Parties to a dispute that is within the commission's jurisdiction may agree to
				  negotiate with any other parties at any time without commission
				  oversight.
(b)
Commission-directed negotiation.
The commission may direct
				  parties to meet or consult as provided in subsection (5) of this section, or
				  may establish or approve a collaborative process as provided in WAC
				  480-07-720.
(c)
Mediation.
The
				  commission may assign commission staff trained in ADR principles and techniques
				  to serve as neutral third parties (e.g., mediator or facilitator) to assist the
				  parties in formal or informal mediation.
(d)
Assignment of settlement
				  judge
. The commission may assign a settlement judge to assist the
				  parties to resolve their dispute through negotiation in appropriate
				  circumstances.
(e)
Arbitration.
The commission may provide an arbitrator whose
				  decision is subject to commission review in matters for which arbitration is
				  authorized.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart D - Alternative Dispute Resolution › Section 480-07-710 - Mediation

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope.
This rule applies generally to settlement negotiations in
				  which the commission agrees to assign a qualified mediator to assist the
				  parties. This rule also implements the mediation provisions of the
				  Telecommunications Act of 1996, 47 U.S.C. Secs. 251 and 252.
(2)
Commission participation.
The parties to a negotiation may ask the commission to mediate any differences
				  that arise during the negotiation. A request for mediation must include a brief
				  statement of the nature of the dispute and the names, postal and email
				  addresses, and telephone numbers of the parties and their representatives.
				  Copies of the request must be served on all parties to the negotiation. All
				  parties are required to participate in good faith if the commission agrees to
				  mediate.
(3)
Mediators.
The commission may assign a qualified employee to serve
				  as a mediator. The commission may require the parties to retain the services of
				  a professional mediator acceptable to all parties.
(4)
Process.
Mediators have
				  discretion to regulate the course of the mediation, including scheduling
				  mediation sessions, in consultation with the parties. The following general
				  procedures apply:
(a) The mediator may not
				  impose a settlement but may offer proposals for settlement;
(b) The mediator may meet individually with
				  the parties or attorneys during mediation;
(c) Only the parties to the negotiation and
				  the mediator may attend the mediation session(s), unless all parties and the
				  mediator consent to the presence of others;
(d) Parties must provide the mediator with a
				  brief statement of position and relevant background information prior to the
				  first mediation session;
(e) The
				  mediator may ask for supplemental information;
(f) The mediator may not provide legal advice
				  to the parties, nor are any mediator's stated opinions as to law or policy
				  binding on the commission unless the commission subsequently adopts
				  them;
(g) The mediation process is
				  confidential and the information exchanged is privileged to the extent
				  permitted by law; and
(h) No
				  stenographic or electronic record will be made.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart D - Alternative Dispute Resolution › Section 480-07-720 - Collaboratives

Current through Register Vol. 24-14, July 15, 2024
(1) A collaborative
				  is a commission-sanctioned negotiation in which interested persons work with
				  each other and representatives of commission staff to achieve consensus on one
				  or more issues within the commission's jurisdiction that the commission assigns
				  or the collaborative participants identify.
(2)
Establishment.
The
				  commission may establish a collaborative on its own initiative or in response
				  to a petition. A petition seeking to establish a collaborative must state the
				  issues on which the petitioner seeks consensus, identify potential
				  participants, and explain why a collaborative would be beneficial to resolve
				  the issues. The commission, in its discretion, may approve the petition and
				  establish a collaborative or may deny the petition.
(3)
Participation.
Any person
				  whose interests may be substantially affected by the result of the
				  collaborative may participate in the collaborative. Once the commission
				  establishes a collaborative, the participants may not change the participants
				  or redefine the issues they will address without commission approval.
(4)
Communication with
				  commission.
Collaborative participants must agree on the form and
				  substance of any communication they have with the commission concerning the
				  collaborative. The participants may communicate with the commission through
				  commission staff if staff is not a participant and is serving as a neutral
				  third party in the collaborative, and staff should establish if this will be
				  its role at the outset of the collaborative. Otherwise, the participants should
				  address their communications to the commission secretary.
(5)
Conclusion.
The participants
				  must inform the commission when they:
(a)
				  Have reached consensus on the issues to be addressed in the collaborative;
(b) have reached partial consensus
				  on those issues and believe further negotiation would not be fruitful; or
(c) have reached an impasse and
				  believe that further negotiations would not be fruitful. The participants
				  should propose any commission action they recommend as a result of the
				  collaborative.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart D - Alternative Dispute Resolution › Section 480-07-730 - Settlement

Current through Register Vol. 24-14, July 15, 2024
A settlement is an agreement among two or more parties to
					 a commission adjudication that resolves one or more disputed issues in that
					 proceeding. All settlements must be documented in a written settlement
					 agreement that the parties file with the commission as a proposed resolution of
					 those issues. No settlement is effective unless and until the commission
					 approves it.
(1)
Full
				  settlement.
A full settlement is an agreement of all parties that would
				  resolve all disputed issues in an adjudication.
(2)
Partial settlement.
A
				  partial settlement is an agreement of all parties on some, but not all, of the
				  disputed issues in an adjudication. The parties may litigate the disputed
				  issues the agreement does not resolve.
(3)
Multiparty settlement.
A
				  multiparty settlement is an agreement among some, but not all, parties in an
				  adjudication to resolve one or more disputed issues.
(a)
Full multiparty
				  settlement.
A full multiparty settlement is an agreement among some,
				  but not all, parties to resolve all disputed issues between them. The parties
				  that are not included in the settlement agreement have the rights set forth in
				  WAC
				  480-07-740(3)(c).
(b)
Partial multiparty
				  settlement.
A partial multiparty settlement is an agreement among
				  some, but not all, parties to resolve some, but not all, disputed issues
				  between them. The parties may litigate the disputed issues the agreement does
				  not resolve. The parties that are not included in the settlement agreement also
				  have the rights set forth in WAC
				  480-07-740(3)(c).
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart D - Alternative Dispute Resolution › Section 480-07-740 - Settlement consideration procedure

Current through Register Vol. 24-14, July 15, 2024
The commission will review all settlement agreements to
					 determine whether they comply with applicable legal requirements and whether
					 approval of the agreements is consistent with the public interest.
(1)
General.
The timing and
				  content of any settlement agreement submitted to the commission must afford the
				  commission a reasonable opportunity to:
(a)
				  Review the terms of the settlement;
(b) Consider evidence and argument from all
				  parties on why the commission should or should not approve and adopt the
				  settlement;
(c) Consider any public
				  comments the commission receives;
(d) Enter an order prior to the recommended
				  effective date of a settlement agreement and any statutory deadline by which
				  the commission must take action in the proceeding; and
(e) Review and approve any required
				  compliance filing.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart D - Alternative Dispute Resolution › Section 480-07-750 - Commission discretion to consider and approve or reject a settlement

Current through Register Vol. 24-14, July 15, 2024
(1)
Consideration of a settlement.
The commission will decide whether
				  to consider a settlement. The commission generally will consider a settlement
				  that complies with the requirements in WAC
				  480-07-740.
(2)
Approval or rejection of a
				  settlement.
If it considers a settlement, the commission may approve the
				  settlement, with or without conditions, or may reject it. The commission will
				  approve a settlement if it is lawful, supported by an appropriate record, and
				  consistent with the public interest in light of all the information available
				  to the commission.
(a)
Approval
				  without conditions.
If the commission approves a settlement without
				  conditions, the commission will adopt the terms set forth in the settlement
				  agreement as the resolution of the disputed issues identified in that
				  agreement.
(b)
Approval
				  with conditions.
If the commission conditions its approval of a
				  settlement on terms that are not included in the settlement agreement, the
				  commission will provide the parties with the opportunity to accept or reject
				  the commission's conditions.
(i) If all
				  parties to the settlement agreement timely notify the commission that they
				  accept the conditions, the terms in the settlement agreement and the
				  commission's conditions will resolve the issues identified in the settlement
				  agreement. The commission's order conditionally approving the settlement
				  agreement will then become final by operation of law with respect to those
				  issues without further action from the commission.
(ii) If a party to the settlement rejects any
				  of the commission's conditions or does not unequivocally and unconditionally
				  accept all of those conditions, the commission will notify the parties that it
				  deems the settlement to be rejected, and (c) of this subsection applies. A
				  party may seek clarification or reconsideration of a commission order approving
				  a settlement agreement with conditions pursuant to WAC
				  480-07-835,
				  480-07-840,
				  or
				  480-07-850.
(c)
Rejection.
If the
				  commission rejects a settlement, the adjudication returns to its status at the
				  time the commission suspended the procedural schedule to consider the
				  settlement. The commission may conduct a prehearing conference to establish a
				  procedural schedule for the remainder of the adjudication. Subject to
				  compliance with any statutory deadline for commission action or an agreed
				  extension of such a deadline, the commission may extend the time for completion
				  of the proceedings by the elapsed time for commission consideration of the
				  settlement.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-800 - Order entry, effectiveness, and service

Current through Register Vol. 24-14, July 15, 2024
(1)
Entry.
The commission has
				  entered an order when all authorized persons have signed it as an official act
				  indicating that the order is to be effective, and those persons or their
				  designee have submitted the order to the commission's records center for
				  service. Each order will state the date on which the commission enters
				  it.
(2)
Effectiveness.
An order is effective when the commission enters it unless the order specifies
				  a different effective date.
(3)
Service.
The commission serves an order as provided in WAC
				  480-07-360.
				  Each order will state the date on which the commission serves it. The service
				  date of an order governs the determination of time limits for further
				  administrative procedure or for judicial review.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. WSR 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-800, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-810 - Interim or interlocutory orders

Current through Register Vol. 24-14, July 15, 2024
(1)
Defined.
Orders the commission enters in an adjudicative
				  proceeding prior to entering an initial or final order are interim or
				  interlocutory orders. Interim or interlocutory orders include, but are not
				  limited to, orders ruling on a party's participation in a proceeding,
				  scheduling issues, discovery disputes, and evidentiary issues.
(2)
When review is available.
The commission has discretion to review interim or interlocutory orders. The
				  commission may accept review of such orders if it finds that:
(a) The order terminates a party's
				  participation in the proceeding, and the party's inability to participate
				  thereafter could cause it substantial and irreparable harm;
(b) Immediate review is necessary to prevent
				  substantial prejudice to a party that would not be remediable in the
				  commission's final order; or
(c)
				  Immediate review could save the commission and the parties substantial effort
				  or expense, or some other factor is present that outweighs the costs in time
				  and delay of exercising review.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-820 - Initial and final orders

Current through Register Vol. 24-14, July 15, 2024
(1)
Defined.
(a)
Initial
				  orders.
Initial orders are orders an administrative law judge enters
				  that resolve the disputed issues in adjudications in which the administrative
				  law judge presides without the commissioners. The commission secretary also may
				  enter initial orders in response to challenges to, or requests for mitigation
				  of, commission penalty assessments.
(b)
Final orders.
Final
				  orders are orders that a majority of the commissioners enter that resolve the
				  substantive disputed issues in an adjudication in which the commissioners
				  preside or that a majority of the commissioners enter on review of an initial
				  order entered by an administrative law judge or the commission
				  secretary.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-825 - Initial orders-Finality; petitions for administrative review; motions for clarification

Current through Register Vol. 24-14, July 15, 2024
(1)
Initial order finality.
(a) An
				  initial order will conclude a proceeding and thus be considered final unless
				  within the time for petitioning for administrative review:
(i) A party timely petitions for
				  administrative review; or
(ii) The
				  commission notifies the parties that it intends to review the initial
				  order.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-830 - Motion to reopen the record prior to entry of a final order

Current through Register Vol. 24-14, July 15, 2024
(1)
Record
				  closure.
The evidentiary record in an adjudication closes at the
				  conclusion of the last day of hearing unless the commission rules otherwise;
				  except that the evidentiary record will also include any exhibit containing
				  public comments and responses to bench requests the commission receives after
				  the hearings conclude.
(2)
Reopening the record.
A party may file a motion to reopen the
				  evidentiary record at any time after the record closes and before the
				  commission enters a final order. A party seeking to present additional evidence
				  after the commission has entered a final order must submit a petition for
				  rehearing pursuant to WAC
				  480-07-870. The
				  commission may reopen the record in a proceeding on its own motion.
(3)
Required showing.
The
				  commission may reopen the record to allow receipt of evidence that is essential
				  to a decision and that was unavailable and not reasonably discoverable with due
				  diligence at the time of the hearing or for any other good and sufficient
				  cause. A motion to reopen the record must include the evidence the party
				  proposes to add to the record and must demonstrate that the evidence meets this
				  standard.
(4)
Responses.
The commission will give the other parties an
				  opportunity to respond to a motion to reopen the record, including to the
				  evidence the moving party seeks to add to the record, unless the commission
				  determines that it can rule on the motion without hearing from the other
				  parties consistent with the requirements of due process.
(5)
Ruling.
The commission will
				  rule on a motion to reopen the record in the final order unless the commission
				  determines that a separate order is warranted. If the commission grants the
				  motion in a separate order, the commission may return the matter to the
				  presiding officer for further proceedings, including additional evidentiary
				  hearings or other process when appropriate.
(6)
Compliance with statutory
				  deadline.
The commission may deny a motion to reopen the record in any
				  proceeding in which the commission must enter a final order within a statutory
				  time frame or by a statutory deadline if the commission determines that it
				  reasonably could not consider the additional evidence offered and enter a final
				  order within the statutory time frame or by the statutory deadline.
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 03-24-028 (General
						Order R-510, Docket No. A-010648), § 480-07-830, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-835 - Clarification of final order by motion

Current through Register Vol. 24-14, July 15, 2024
(1)
Motion for clarification.
Any party may request that the
				  commission clarify a final order by filing a motion for clarification within
				  ten days after the commission serves the order. The purpose of such a motion is
				  to ensure that the parties know their rights and responsibilities under the
				  final order. An appropriate motion for clarification requests that the
				  commission modify the final order or take other action to accomplish one or
				  more of the following goals:
(a) Clarify the
				  meaning of, or requirements in, the order so that the parties can accurately
				  prepare compliance filings ;
(b)
				  Make technical changes to reconcile the application of principle to data,
				  resolve inconsistencies, or correct patent error without the need for parties
				  to request reconsideration and without delaying post-order compliance;
				  or
(c) Correct typographical or
				  other ministerial errors.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-840 - Clarification of a final order by conference

Current through Register Vol. 24-14, July 15, 2024
After the commission enters a final order, the commission
					 may schedule an order clarification conference on its own motion or at a
					 party's request. The commissioners may attend the conference or may designate
					 one or more persons to attend on their behalf. The commission will determine
					 whether it will record or transcribe an order clarification conference.
(1)
Purpose.
The purpose of an
				  order clarification conference is to clarify the final order when parties
				  disagree about its meaning or requirements. An order clarification conference
				  provides the parties and the commission with the opportunity to:
(a) Explore and resolve any disagreements or
				  lack of understanding about the meaning of, or requirements in, the final order
				  so that parties can accurately prepare any compliance filings; or
(b) Identify and make technical changes to
				  reconcile the application of principle to data, resolve inconsistencies, or
				  correct patent error.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-850 - Reconsideration of a final order

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition.
Any party may petition for reconsideration of a final
				  order within ten days after the commission serves the order.
(a)
Purpose.
The purpose of
				  a petition for reconsideration is to request that the commission change the
				  outcome with respect to one or more determinations in a final order.
(b)
Contents
. A petition for
				  reconsideration must :
(i) Identify each
				  portion of the challenged order the petitioner contends is erroneous or
				  incomplete;
(ii) Site those
				  portions of the record and each statute, commission rule, or other law on which
				  the petitioner relies to support its petition; and
(iii) Present brief argument in support of
				  the relief the petitioner requests.
(c)
Response.
No party may
				  file a response to a petition for reconsideration unless the commission
				  authorizes a response in a notice establishing the deadline for submitting
				  responses, which may also establish the date by which the commission intends to
				  enter an order resolving the petition. The commission will not grant a petition
				  for reconsideration without providing other parties an opportunity to respond
				  to the petition.
(d)
Oral
				  argument.
The commission will not hear oral argument on a petition for
				  reconsideration unless the commission determines in its discretion that oral
				  argument will assist the commission in resolving the petition.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-860 - Stay

Current through Register Vol. 24-14, July 15, 2024
Any party may petition the commission to stay the
					 effectiveness of a final order within ten days after the commission serves that
					 order, unless the order or applicable statute provides otherwise. The
					 commission may stay the effect of a final order on its own initiative.
(1)
Petition.
A petition for
				  stay must cite those portions of the record and statute, commission rule, or
				  other law on which the petitioner relies to support its petition and must
				  present brief argument in support of the relief the petitioner
				  requests.
(2)
Response.
No party may file a response to a petition for stay
				  unless the commission authorizes a response in a notice establishing the
				  deadline for filing responses, which may also establish the date by which the
				  commission intends to enter an order resolving the petition.
(3)
Disposition.
A petition for
				  stay is deemed denied twenty days after the date the petitioner submits the
				  petition unless the commission either:
(a)
				  Enters an order resolving the petition; or
(b) Serves the parties with a written notice
				  specifying the date by which the commission will act on the petition.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-870 - Rehearing

Current through Register Vol. 24-14, July 15, 2024
Any person affected by a commission final order may
					 petition for rehearing of that order.
(1)
Petition.
A petition for
				  rehearing must set forth sufficient grounds for rehearing the commission order
				  and must include substantial evidence or an offer of proof in support of the
				  requested relief. Sufficient grounds for rehearing consist of the following:
(a) Changed conditions since the commission
				  entered the order;
(b) Harm to the
				  petitioner resulting from the order that the commission did not consider or
				  anticipate when it entered the order;
(c) An effect of the order that the
				  commission or the petitioner did not contemplate or intend; or
(d) Any good and sufficient cause that the
				  commission did not consider or determine in the order.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-875 - Amendment, rescission, or correction of order

Current through Register Vol. 24-14, July 15, 2024
(1)
Amendment or rescission.
The
				  commission may propose, or may act in response to a petition, to alter, amend,
				  or rescind any order that the commission has entered. Any such petition must
				  comply with the requirements in WAC
				  480-07-870 for a
				  petition for rehearing. The commission may take the action it has proposed or
				  grant the petition only after providing:
(a)
				  Notice of the petition or proposed commission action to the affected public
				  service company or companies and to all parties in the underlying proceeding;
				  and
(b) An opportunity for parties
				  to respond in writing or at a hearing consistent with due
				  process.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-883 - Compliance filing-Filing requirements; timing; commission action (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						80.01.040 and
						80.04.160. 06-16-053 (Docket
						A-050802, General Order R-536), § 480-07-883, filed 7/27/06, effective
						8/27/06; 03-24-028 (General Order R-510, Docket No. A-010648), §
						480-07-883, filed 11/24/03, effective
						1/1/04.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part III - ADJUDICATIVE PROCEEDINGS › Subpart E - Orders and Post-order Process › Section 480-07-885 - Subsequent filings

Current through Register Vol. 24-14, July 15, 2024
When the commission enters a final order that authorizes
					 or requires a party to make a subsequent filing to implement general
					 instructions in that order (e.g., the submission of tariffs other than
					 revisions to the tariffs that initiated the proceeding), the filing initiates a
					 new proceeding to which the commission will assign a new docket number.
(1)
Filing and service
				  requirements.
(a) In the cover letter
				  accompanying a subsequent filing, the party must request a new docket and
				  identify the order and the docket in which the commission required the
				  subsequent filing.
(b) A subsequent
				  filing that includes tariff sheets must comply with all pertinent requirements
				  for tariff filings of the industry, including the required statutory notice
				  period, unless the commission authorizes the subsequent filing to become
				  effective on less than statutory notice.
(c) A person who makes a subsequent filing
				  must serve a copy of the filing on all parties to the proceeding in which the
				  commission entered the final order authorizing or requiring the filing. Any
				  party that believes the subsequent filing is not in compliance with the
				  commission's final order in that proceeding must file its objection in both the
				  original and new dockets within ten days of the service date of the subsequent
				  filing unless the commission establishes a different deadline.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part IV - OTHER COMMISSION PROCEEDINGS › Section 480-07-900 - Open public meetings

Current through Register Vol. 24-14, July 15, 2024
(1)
Regular
				meetings.
The commission will hold regular meetings to conduct business
				under chapter 42.30 RCW, the Open Public Meetings Act. The commission generally
				schedules two open meetings per month on alternate Thursdays at 9:30 a.m. in
				the commission's office in Olympia, Washington. The specific time and place of
				each open meeting are published, as required, in the
Washington State
				Register
and on the commission's web site. The commission may cancel
				an open meeting or change the time or place of an open meeting and will publish
				a notice of these changes on its web site and in the
Washington State
				Register
for distribution at least twenty days prior to the
				rescheduled meeting date.
(2)
Special meetings.
The commission may convene special open meetings
				under
				RCW
				42.30.080.
(3)
Recessed meetings.
The
				commission may recess a regular or special open meeting and reconvene it at a
				different time or location.
(4)
Agenda.
The commission will publish an agenda for each regular
				open meeting at least two business days prior to the meeting. The commission
				also may publish an addendum or otherwise amend the agenda after publishing it
				and may take up matters that do not appear on the published agenda consistent
				with notice and due process requirements. The commission posts the agenda and
				any addendum on its web site.
(a)
Discussion agenda.
The discussion portion of the agenda
				includes items that are scheduled for discussion and action by the
				commissioners. This part of the agenda is further divided into utilities and
				transportation sections.
(b)
No-action agenda.
The no-action portion of the agenda includes
				items that appear to be noncontroversial and, by law, may take effect without
				action by the commission. The commission will move any item on the no-action
				portion of the agenda to the discussion portion of the agenda at the request of
				any commissioner or other person and may take such action on the item as the
				commission deems appropriate.
(c)
Consent agenda.
The consent portion of the agenda includes
				items that appear to be noncontroversial and, by law, require action by the
				commission to take effect. The commission will act on the items on the consent
				portion of the agenda by a single motion and a single vote of the
				commissioners. The commission will move any item on the consent portion of the
				agenda to the discussion portion of the agenda at the request of any
				commissioner. or other person and may take such action on the item as the
				commission deems appropriate.
Washington Administrative Code › Title 480 - Utilities and Transportation Commission › Chapter 480-07 - Procedural rules › Part IV - OTHER COMMISSION PROCEEDINGS › Section 480-07-903 - Delegation of authority to the executive secretary

Current through Register Vol. 24-14, July 15, 2024
(1)
General provisions.
(a) The working title of the secretary
				position authorized in
				RCW
				80.01.030 is executive secretary.
(b) The commission delegates authority to the
				executive secretary as set out in this section and WAC
				480-07-904
				and
				480-07-905,
				pursuant to
				RCW
				80.01.030 and subject to oversight and
				direction by a majority of the commissioners.
(c) The commission may also delegate
				functions to the executive secretary by order.
(d) When the executive secretary is absent or
				otherwise unavailable to perform authorized duties, the commission authorizes
				the executive secretary's designee to perform the duties on behalf of the
				executive secretary.