Washington Administrative Code

This chapter sets forth eligibility and processing requirements for abbreviated procedures for applications pursuant to RCW 80.50.075.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-43-010, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.…

An applicant seeking expedited processing shall submit an application for certification of any facility pursuant to chapter 80.50 RCW, fees, and a request for expedited processing as required by RCW 80.50.075.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-43-020, fi…

An applicant seeking expedited processing shall submit a completed SEPA environmental checklist with an application for certification unless the council finds the proposal is categorically exempt.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-43-025, filed 5/22/25, …

An application may be expedited when the council finds:(1) The environmental impact of the proposed facility is not significant or will be mitigated to a nonsignificant level under the State Environmental Policy Act, chapter 43.21C RCW; and(2) The project is found to be consisten…

Prior to making a determination of eligibility for expedited processing, the council shall:(1) Conduct an informational public hearing in the county of the proposed facility within 60 days of receipt of an application to provide information to the public concerning the nature and…

Following the review of an application, environmental checklist, and land use hearing and within 120 days of receipt of an application or such later time as is mutually agreed by the applicant and the council, the council by order will grant expedited processing for an applicatio…

For an application granted expedited processing under WAC 463-43-050, the council shall not:(1) Conduct any further review of an application by an independent consultant; however, at the direction of the council an independent consultant may prepare air or water discharge permits…

The council will prescribe the form, content, and necessary supporting documentation for site certification during council meetings. All interested persons and the counsel for the environment shall be afforded an opportunity to make presentations on the matters herein.[Statutory …

Within 60 days following the granting of expedited processing or such later time as is mutually agreed by the applicant and the council, the council shall forward its recommendation, and if the recommendation is for approval, the council will also forward a copy of a draft site c…

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).[Statutory Authority: RCW 80.50.040(1). WSR 84-19-031 (Order 84-2), § 463-47-010, filed 9/14/84. Formerly chapter 463-46 WAC.]

The energy facility site evaluation council adopts the following sections or subsections of chapter 197-11 WAC by reference as of the effective date of this rule. 197-11-050Lead agency. 197-11-055Timing of the SEPA process. 197-11-060Content of environmental review. 197-11-070Lim…

This chapter implements the statewide rules in chapter 197-11 WAC as they apply to the energy facility site evaluation council.[Statutory Authority: RCW 80.50.040(1). WSR 84-19-031 (Order 84-2), § 463-47-030, filed 9/14/84.]

Within the energy facility site evaluation council, the decision maker is the council.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-47-050, filed 5/22/25, effective 6/22/25; WSR 84-19-031 (Order 84-2), § 463-47-050, filed 9/14/84.]

Within the energy facility site evaluation council, the responsible official is the council director.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-47-051, filed 5/22/25, effective 6/22/25; WSR 92-09-013, § 463-47-051, filed 4/2/92, effective 5/3/92; WSR 84-19-031 (…

(1) The council will determine when it receives an application whether the proposal is an "action" and, if so, whether it is "categorically exempt" from SEPA. If the proposal is an action and is not exempt, the council will request the applicant to complete an environmental check…

When reviewing a completed environmental checklist to make the threshold determination, the council will:(1) Independently evaluate the responses of the applicant and note comments, concerns, corrections, or new information in the right margin of the checklist.(2) Conduct the ini…

(1) An applicant may ask the council whether issuance of a DS is likely for a proposal. This request for early notice must:(a) Be written;(b) Follow submission of an application and environmental checklist for a nonexempt proposal for which the council is lead agency; and(c) Prec…

(1) Preparation of draft and final EISs, supplemental EISs (SEISs), or addenda is the responsibility of the council. The responsible official shall be satisfied that these documents comply with these rules and chapter 197-11 WAC prior to issuance.(2) The council has the following…

(1) The council shall give public notice when issuing a DNS under WAC 197-11-340, a scoping notice under WAC 197-11-360, or a draft EIS under WAC 197-11-455.(2) Whenever possible, the council shall integrate the public notice required under this section with existing notice proce…

(1)(a) The overriding policy of the council is to avoid or mitigate adverse environmental impacts which may result from the council's decisions.(b) The council shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordina…

In determining whether a proposal is exempt from SEPA, the council shall consider "critical area" designations made by local governments under WAC 197-11-908.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-47-120, filed 10/11/04, effective 11/11/04. Statuto…

In determining whether a proposal is exempt from SEPA, the council shall consider the threshold levels adopted by cities/counties under WAC 197-11-800(1).[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-47-130, filed 10/11/04, effective 11/11/04. Statutory A…

The EFSEC director shall be responsible for the following:(1) Coordinating activities to comply with SEPA and encouraging consistency in SEPA compliance.(2) Providing information and guidance on SEPA and the SEPA rules to council, council staff, groups, and citizens.(3) Reviewing…

When the council is considering an action which also involves federal actions, it shall attempt to coordinate the two governmental processes so that only one environmental impact statement need be prepared for that proposal.[Statutory Authority: RCW 80.50.040(1). WSR 84-19-031 (O…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: RCW 80.50.040(1). WSR 84-19-031 (Or…

This chapter establishes guidelines regarding council use of independent consultants.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-50-010, filed 10/11/04, effective 11/11/04; Order 110, § 463-50-010, filed 11/16/76.]

Each consultant selected to perform independent consulting services shall have demonstrated its qualifications on the basis of experience and competence in specific, or closely associated, areas for which consulting services are desired. A consultant shall not be hired or retaine…

The independent consultant shall be primarily responsible for the review and evaluation of information provided by the applicant to determine areas of possible omissions, and may undertake assignments or studies as may be specified or provided for by the contract with the council…

The basis for compensation to be specified in contracts with independent consultants shall generally be as follows:(1) For applications for site certification, where the total scope and/or volume of work is variable and acts to prevent advance determination of total project cost,…

This chapter sets rules relating to costs or charges for independent consultant studies, regular and expedited application processing, electrical transmission facility preapplication, determining compliance, and potential site studies.[Statutory Authority: RCW 80.50.040(1). WSR 2…

Pursuant to RCW 80.50.071, a deposit of $50,000 for each proposed site shall accompany the application for site certification. This charge shall be applied toward the total cost of the independent consultant study authorized by RCW 80.50.071. The determination of the total costs …

Pursuant to RCW 80.50.071, each applicant for site certification shall at the time of application submission deposit $50,000 for costs related to processing of the application. Such processing costs shall consist of those determined by the council to be reasonable and necessary i…

Applicants filing applications for expedited processing under RCW 80.50.075 shall provide funding in accordance with WAC 463-58-020 and 463-58-030.[Statutory Authority: Chapter 80.50 RCW and RCW 80.50.040. WSR 09-05-067, § 463-58-040, filed 2/13/09, effective 3/16/09. Statutory A…

Pursuant to RCW 80.50.071(2), each certificate holder shall pay the actual costs incurred by the council for inspection and determination of compliance by the certificate holder with the terms of the certification relative to monitoring the effects of construction, operation, and…

The council, upon agreement with any potential applicant, may conduct a preliminary study of any potential project prior to receipt of an application for site certification, pursuant to RCW 80.50.175. A fee of $10,000 for each potential project must accompany the agreement and is…

Pursuant to RCW 80.50.340, $10,000 shall accompany any preapplication request. If the council determines that the initial $10,000 is insufficient to adequately fund the preapplication process, the council shall so advise the potential applicant and shall provide an estimate of th…

Failure to comply with WAC 463-58-020 through 463-58-060 shall result, in the case of an applicant, in suspension of all application processing activities or, in the case of a certificate holder, in suspension of the certificate. The council will require any delinquent applicant …

(1) The council shall provide each applicant or certificate holder a statement of actual expenditures made during the preceding calendar quarter in sufficient detail to explain expenditures. Within 30 days of the receipt of the council's invoice, the applicant or certificate hold…

This chapter sets forth guidelines for preparation of applications for energy facility site certification pursuant to chapter 80.50 RCW. Applications for siting energy facilities must contain information regarding the standards required by chapter 463-62 WAC. Applications for fos…

Except as may be otherwise approved by the council and except as otherwise provided below with respect to applications covering nuclear power plants, the contents of the application shall be organized in the same order as these guidelines.(1) To aid in the council's review under …

The applicant shall provide an appropriate description of the applicant's organization and affiliations for this proposal.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, recodified as § 463-60-015, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.5…

RCW 80.50.010 requires the council to "recognize the pressing need for increased energy facilities." For that reason, applications for site certification need not demonstrate a need for the energy facility.[WSR 04-23-003, recodified as § 463-60-021, filed 11/4/04, effective 11/11…

The applicant shall designate an agent to receive communications on behalf of the applicant.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, recodified as § 463-60-025, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.040(1) and chapter 80.50 RCW…

The statutory initial charges shall accompany an application and shall be a condition precedent to any action by the council. The initial costs and any additional funds needed for the review of an application, including the method of payment, shall be in accordance with chapter 4…

Applications for site certification shall be filed with the council at the council office.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, recodified as § 463-60-045, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.040(1) and chapter 80.50 RCW. …

(1) Applications shall be on 8-1/2 by 11" sheets, in loose-leaf form with a hard cover binder. The applicants shall supply a sufficient number of copies of the application to the council, the number to be determined by the council in consultation with its staff, consultants, and …

It is recognized that these guidelines can only be comprehensive in a relative sense. Therefore, and in addition to the other guidelines contained herein, the council adopts the basic guideline that an applicant for site certification must identify in the application all informat…