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PDFWAC 480-70-131

Certificates, temporary.

(1) Requirements. Temporary certificate applications must meet the requirements of WAC 480-70-091.
(2) Public interest. The commission may grant a temporary certificate after determining that granting the requested authority is consistent with the public interest. In determining if the requested temporary authority is consistent with the public interest, the commission will consider factors including, but not limited to:
(a) The fitness of the applicant.
(b) The immediate or urgent need for the requested service due to circumstances such as, but not limited to:
(i) An emergency rendering it impossible for the existing company to provide service;
(ii) Commission action suspending or canceling the authority of the existing company; or
(iii) Lack of service.
(c) Whether the requested service is currently available from an existing company serving the territory; and
(d) Any other circumstances indicating that a grant of temporary authority is consistent with the public interest.
(3) Shipper support statements required. Applicants for temporary certificates must include signed and sworn support statements from one or more potential customers identifying all pertinent facts relating to need for the proposed service.
(4) Commission investigation of applications. Before granting or denying an application for temporary authority, the commission will conduct an investigation to examine the facts relating to the need for the proposed service.
(5) Special terms, conditions, and limitations. The commission may impose special terms, conditions, and limitations in connection with the grant of any temporary certificate. For example, the commission may limit temporary authority to provide service to only those commercial customers whose support statements are submitted with an application.
(6) Length of service allowed under temporary certificate. The commission may issue a temporary certificate effective for a period:
(a) Of up to one hundred eighty days when the area or service territory is not contained in another company's certificate;
(b) Of up to one hundred twenty days when the area or service territory is contained in another company's certificate; or
(c) That continues until the commission grants, denies, or dismisses a parallel certificate application for permanent authority, or until the temporary certificate is otherwise canceled, whichever happens first. The permanent certificate application must be filed within thirty days of the temporary certificate application or within thirty days of the order granting the temporary certificate.
(7) Docketing. The commission will publish the following on its application docket:
(a) Temporary certificates granted, including any terms and conditions attached to the grant of such authorities; and
(b) A list of all applications for temporary certificated authority that the commission considered and denied.
(8) Protests. An existing company may file a protest opposing a temporary certificate, if the area or service territory granted is contained in the existing company's certificate. A solid waste collection organization, association, or conference may file a protest on behalf of existing companies, specifying the names of the individuals or companies in whose interests the protest is filed. Protests must:
(a) Be filed with the commission in writing within twenty days after the date the commission mails the application docket;
(b) Contain a statement of the specific grounds on which the protest is made;
(c) Contain a statement of the protestant's interest in the proceeding;
(d) Be served on the applicant; and
(e) Be served on the applicant's representative, if one is stated in the notice.
(9) Disposition of protests. The commission may grant or deny a protest without hearing.
(10) Brief adjudicative proceedings. The commission may order a brief adjudicative proceeding on its own motion or at the request of a party.
(11) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition in writing to be an intervenor. Refer to chapter 480-07 WAC for information on intervention.
[Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-70-131, filed 11/24/03, effective 1/1/04. Statutory Authority: RCW 81.04.160, 81.77.030 and 80.01.040. WSR 01-08-012 (Docket No. TG-990161, General Order No. R-479), § 480-70-131, filed 3/23/01, effective 4/23/01.]
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