16-13-115

WSR 16-13-115

AGENDA

ENERGY FACILITY SITE

EVALUATION COUNCIL

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed June 21, 2016, 10:43 a.m.]

The Washington utilities and transportation commission (UTC) submits its semi-annual rule development agenda report for publication in the Washington State Register pursuant to RCW 34.05.314. This report also includes the rule development agenda for the energy facility site evaluation council (EFSEC).

Please direct any questions to Paige Doyle at [phone] or [e-mail].

UTC

Semi-Annual Rules Development Agenda

(July 1 - December 31, 2016)

This report is UTC's semi-annual report rule development agenda for publication in the Washington State Register pursuant to RCW 34.05.314.

Additional rule-making activity not on the agenda may be undertaken to meet conditions not now anticipated.

Dates that are in "bold" print, indicate that filing has occurred. All other dates are projected. The commission maintains a schedule of rule-making activity that is updated several times per month. See www.utc.wa.gov.

WAC CHAPTER	DOCKET	TITLE	AGENCY CONTACT	PROPOSED TIMELINE AND STATUS			DESCRIPTION OF POSSIBLE CHANGES
				CR-101	CR-102 or CR-105	CR-103 HEARING
CURRENT:
480-07	A-130355	Procedural rules	Greg Kopta [phone]	3/20/13	To be determined	To be determined	Examine the need to revise and clarify rules in chapter 480-07 WAC, Procedural rules. This may be split into three separate dockets in the near future.
480-70	TG-131255	Solid waste and/or refuse collection companies	Danny Kermode [phone]	7/17/13	To be determined	To be determined	Consider whether to adopt rules governing the methodology for establishing the rate of return for solid waste collection companies (Lurito-Gallagher).
480-110	UW-143295	Water companies rule making	Danny Kermode [phone]	9/17/14	To be determined	To be determined	Consider whether to adopt rules within chapter 480-110 WAC to improve the financial and management capacity of water companies, provide incentives for companies to make appropriate investments and for viable companies or public entities to acquire struggling water systems. This rule making will be closed with no action.
480-120	UT-160196	Telephone companies	John Cupp [phone]	3/2/16	5/18/16	7/12/16	Consider the need to modify existing rules in chapter 480-120 WAC to reestablish rules relating to telecommunications repair standards that were removed inadvertently, remove reference to the Washington telephone assistance program (WTAP), and remove references to rules that were repealed.
480-75-240 480-93-240	PG-160121/PL-160122	Pipeline safety fee methodology rule making	Alan Rathbun (260) [(360)] 664-1219	2/17/16	10/5/16	12/8/16	Consider addressing changes in the type of regulated pipeline facilities and significant changes in Washington's dig laws (chapter 19.122 RCW) in how fees are calculated for regulated companies. Also consider clarifying existing rule language that has led to some confusion among companies.

WAC CHAPTER	TITLE	AGENCY CONTACT	PROPOSED TIMELINE AND STATUS			DESCRIPTION OF POSSIBLE CHANGES
			CR-101	CR-102 or CR-105	CR-103 HEARING
PROPOSED:
480-100-238 480-90-238	Integrated resource planning (IRP)	Deborah Reynolds [phone]	To be determined	To be determined	To be determined	Consider modifying current electric IRP rules to reflect statutory changes adopted in 2013 in EHB 1826. Further consider modifying gas IRP rules to match electric IRP rules.
480-15	Household goods	Bridgit Feeser [phone]	To be determined	To be determined	To be determined	Consider whether a rule making should occur to allow regulation of brokers in the household goods industry.
480-15	Household goods	Bridgit Feeser [phone]	To be determined	To be determined	To be determined	Consider whether a rule making should occur to address emerging technologies (e.g. allowing the use of household goods estimate applications in place of in-person estimates).
480-15-181	Household goods	Bridgit Feeser [phone]	To be determined	To be determined	To be determined	Revise WAC 480-15-181(3) to clarify that this exemption pertains to moving pods. This clarification is to address emerging small scale transportation business models.
480-XX (proposed new chapter)	Pipeline safety - LNG	Alan Rathbun [phone] Joe Subsits [phone]	To be determined	To be determined	To be determined	With a proposed intrastate LNG liquefaction facility proposed in Tacoma, consider adoption of a new rule chapter covering LNG facilities designed to cover elements not contained in federal regulations (49 C.F.R. Part 193).

EFSEC

Semi-Annual Rules Development Agenda

(July 1 - December 31, 2016)

WAC CHAPTER	TITLE	AGENCY CONTACT	PROPOSED TIMELINE AND STATUS			DESCRIPTION OF POSSIBLE CHANGES
			CR-101	CR-102 or CR-105	CR-103 HEARING
CURRENT:
None
PROPOSED:
463	Administrative updates	Stephen Posner [phone]		(CR-105) To be determined	N/A	Amend multiple chapters of Title 463 WAC to reflect EFSEC's administrative incorporation into UTC, such as EFSEC's street address, and other changes specifically dictated by statutory revisions.
463	Process updates	Stephen Posner [phone]	To be determined	To be determined	To be determined	Inquiry to examine whether EFSEC should adopt new or modify existing rules to address process changes related to siting and compliance monitoring.
463-78	Air quality permitting	Jim La Spina [phone]	To be determined	To be determined	To be determined	Amend existing rule: 1. In response to EPA rule revisions in 40 C.F.R. Parts 51, 52, including startup, shutdown and malfunction, as necessary. 2. To be consistent with department of ecology rule revisions addressing new source review and additional prevention of significant deterioration issues in chapters 173-400 and 173-401 WAC including applicable provisions of the governor's proposed clean air rule, as necessary. 3. To support submittal of EFSEC's state implementation plan update to U.S. EPA.
463-76	Water quality permitting	Jim La Spina [phone]	To be determined	To be determined	To be determined	Adopt ecology water quality rules and additional revisions to ensure consistency with EFSEC statutory authorities, ecology rules, and federal regulations to support EPA's renewal of EFSEC's NPDES delegation.
463-76	Enforcement and appeals	Bill Lynch [phone]	To be determined	To be determined	To be determined	Creates a new chapter of rules and amends multiple chapters of Title 463 to incorporate statutory changes made in 2015 (SB 5310), and to clarify EFSEC's enforcement and appeals process.

Steven V. King

Executive Director

and Secretary