Washington Code 80.04.550 – Thermal energy — Restrictions on authority of commission
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(1) It is the intent of the legislature to exempt from commission regulation thermal energy services provided by thermal energy companies and combined heat and power facilities that are not otherwise regulated under this title. Nothing in this section shall prevent the commission from issuing or enforcing any order affecting combined heat and power facilities owned or operated by an electrical company that are subsidized by a regulated service.
Terms Used In Washington Code 80.04.550
- Commission: means the utilities and transportation commission. See Washington Code 80.04.010
- Contract: A legal written agreement that becomes binding when signed.
- Facilities: means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property and routes used, operated, owned or controlled by any telecommunications company to facilitate the provision of telecommunications service. See Washington Code 80.04.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, a firm or partnership. See Washington Code 80.04.010
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
(2) Nothing in this title shall authorize the commission to make or enforce any order affecting rates, tolls, rentals, contracts or charges for service rendered, or the adequacy or sufficiency of the facilities, equipment, instrumentalities, or buildings, or the reasonableness of rules or regulations made, furnished, used, supplied, or in force affecting any thermal energy system owned and operated by any thermal energy company or by a combined heat and power facility engaged in thermal energy services.
(3) For the purposes of this section:
(a) “Thermal energy company” means any private person, company, association, partnership, joint venture, or corporation engaged in or proposing to engage in developing, producing, transmitting, distributing, delivering, furnishing, or selling to or for the public thermal energy services for any beneficial use other than electricity generation;
(b) “Thermal energy system” means any system that provides thermal energy for space heating, space cooling, or process uses from a central plant or combined heat and power facility, and that distributes the thermal energy to two or more buildings through a network of pipes;
(c) “Thermal energy” means heat or cold in the form of steam, heated or chilled water, or any other heated or chilled fluid or gaseous medium; and
(d) “Thermal energy services” means the provision of thermal energy from a thermal energy system and includes such ancillary services as energy audits, metering, billing, maintenance, and repairs related to thermal energy.
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
Findings—1996 c 33: “(1) The legislature finds:
(a) The Washington utilities and transportation commission has the authority to regulate district heating suppliers on the basis of financial solvency, system design integrity, and reasonableness of contract rates and rate formulas under *chapter 80.62 RCW;
(b) Consumers have competitive alternatives to thermal energy companies for space heating and cooling and ancillary services;
(c) Consumers have recourse against thermal energy companies for unfair business practices under the consumer protection act; and
(d) Technology and marketing opportunities have advanced since the enactment of *chapter 80.62 RCW to make the provision of cooling services, as well as heating services, an economical option for consumers.
(2) The legislature declares that the public health, safety, and welfare does not require the regulation of thermal energy companies by the Washington utilities and transportation commission.” [ 1996 c 33 § 1.]
*Reviser’s note: Chapter 80.62 RCW was repealed by 1996 c 33 § 3.