Washington Administrative Code

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.]

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 I…

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 requeste…

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 …

(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 …

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 …

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 s…

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 as…

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…

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 Autho…

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 demons…

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.…

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 re…

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 agri…

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 t…

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…

The provisions of chapter 1-08 WAC, shall govern all proceedings before the appeals board.[Order 1, § 194-14-190, filed 1/18/77.]

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, …

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.]

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 record…

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.]

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 accomp…

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). WSR 89-15-013 (Order 89-11-083), § 194-18-010, filed 7/10/89, effective 8/10/89.]

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). WSR 89-15-013 (Order 89-11-083), § 194-18-020, filed…

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, mo…

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…

"Base billing period" is one of the billing periods comprising the base year. Base billing period data may be weather-normalized at each utility's discretion before being used to calculate the amount of curtailment required by consumers."Base year" is the period from which requir…

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,…

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 effe…

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. Ut…

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 regi…

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 audit…

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 …

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…

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 ConsumerThreshold Consumption Level Residentialconsumers 10% abovecurtailment target General useconsumers 10% abovecurtailment…

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 d…

(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 fi…

(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…

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 …

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. WSR 94-20-103, § 194-22-150, filed 10/4/94, effective 11/4/94.]

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…

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 commensurat…

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.[St…

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 c…

The authority to develop these rules is granted to the department in Title 19.260 RCW.[Statutory Authority: Chapter 19.260 RCW. WSR 07-14-092, § 194-24-010, filed 6/29/07, effective 7/30/07.]

The purpose of these rules is to establish efficiency standards and design requirements for certain products sold or installed in the state assuring consumers and businesses that such products meet minimum efficiency performance levels thus saving energy and money on utility bill…

The definitions in chapter 19.260 RCW apply throughout this chapter.(1) The following terms have the same meaning as used in the California Rule:(a) Showerheads;(b) Tub spout diverters;(c) Showerhead tub spout diverter combinations;(d) Lavatory faucets and replacement aerators;(e…

(1) First violations (notice of violation): When the department has determined that a manufacturer or distributor has violated chapter 19.260 RCW or this chapter, the director or their designee will issue a warning in the form of a notice of violation (NOV) for the first violatio…

(1) Scope. This rule applies to new portable electric spas manufactured on or after January 1, 2024.(2) Standard. Portable electric spas must meet the requirements specified in section 1605.3 of the California Rule.(3) Testing. Portable electric spas must be tested in accordance …

(1) Scope. This rule applies to new tub spout diverters manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.(2) Standard. Tub spout diverters that are within the scope and definition of the applicable regulation must m…