Revised Code of Washington
Chapter 80.28 - Gas, Electrical, and Water Companies.
80.28.190 - Gas companies—Certificate—Violations—Commission powers—Penalty—Fees.

RCW 80.28.190
Gas companies—Certificate—Violations—Commission powers—Penalty—Fees.

(1) No gas company shall, after January 1, 1956, operate in this state any gas plant for hire without first having obtained from the commission under the provisions of this chapter a certificate declaring that public convenience and necessity requires or will require such operation and setting forth the area or areas within which service is to be rendered; but a certificate shall be granted where it appears to the satisfaction of the commission that such gas company was actually operating in good faith, within the confines of the area for which such certificate shall be sought, on June 8, 1955. Any right, privilege, certificate held, owned or obtained by a gas company may be sold, assigned, leased, transferred or inherited as other property, only upon authorization by the commission. The commission shall have power, after hearing, when the applicant requests a certificate to render service in an area already served by a certificate holder under this chapter only when the existing gas company or companies serving such area will not provide the same to the satisfaction of the commission and in all other cases, with or without hearing, to issue the certificate as prayed for; or for good cause shown to refuse to issue same, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
(2) The commission may, at any time, by its order duly entered after a hearing had upon notice to the holder of any certificate hereunder, and an opportunity to such holder to be heard, at which it shall be proven that such holder willfully violates or refuses to observe any of its proper orders, rules or regulations, suspend, revoke, alter or amend any certificate issued under the provisions of this section, but the holder of such certificate shall have all the rights of rehearing, review and appeal as to such order of the commission as is provided herein.
(3) In all respects in which the commission has power and authority under this chapter applications and complaints may be made and filed with it, process issued, hearings held, opinions, orders and decisions made and filed, petitions for rehearing filed and acted upon, and petitions for writs of review to the superior court filed therewith, appeals or mandate filed with the supreme court or the court of appeals of this state considered and disposed of by such courts in the manner, under the conditions, and subject to the limitations and with the effect specified in the Washington utilities and transportation commission laws of this state.
(4) Every officer, agent, or employee of any corporation, and every other person who violates or fails to comply with, or who procures, aids or abets in the violation of any of the provisions of this section or who fails to obey, observe or comply with any order, decision, rule or regulation, directive, demand or requirements, or any provision of this section, is guilty of a gross misdemeanor.
(5) Neither this section, RCW 80.28.200, * 80.28.210, nor any provisions thereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several states of this union except insofar as the same may be permitted under the provisions of the Constitution of the United States and acts of congress.
(6) The commission shall collect the following miscellaneous fees from gas companies: Application for a certificate of public convenience and necessity or to amend a certificate, twenty-five dollars; application to sell, lease, mortgage or transfer a certificate of public convenience and necessity or any interest therein, ten dollars.

[ 2003 c 53 § 383; 1971 c 81 § 141; 1961 c 14 § 80.28.190. Prior: 1955 c 316 § 4.]
NOTES:

*Reviser's note: RCW 80.28.210 was repealed by 2007 c 142 § 11.


Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

Structure Revised Code of Washington

Revised Code of Washington

Title 80 - Public Utilities

Chapter 80.28 - Gas, Electrical, and Water Companies.

80.28.005 - Definitions.

80.28.010 - Duties as to rates, services, and facilities—Limitations on termination of utility service for residential heating.

80.28.020 - Commission to fix just, reasonable, and compensatory rates.

80.28.022 - Water company rates—Reserve account.

80.28.024 - Legislative finding.

80.28.025 - Encouragement of energy cogeneration, conservation, and production from renewable resources—Consideration of water conservation goals.

80.28.030 - Commission may order improved quality of commodity—Ordering improvements to the storage, distribution, or supply of water—Ordering improvements to the system of sewerage.

80.28.040 - Commission may order improved service—Water companies, system of sewerage noncompliance, receivership.

80.28.050 - Tariff schedules to be filed with commission—Public schedules.

80.28.060 - Tariff changes—Statutory notice—Exception—Waiver of provisions during state of emergency.

80.28.065 - Tariff schedule—Energy conservation—Payment by successive property owners—Notice—Rules.

80.28.068 - Rates—Low-income customers.

80.28.070 - Sliding scale of charges permitted.

80.28.074 - Legislative declaration.

80.28.075 - Banded rates—Natural gas and electric services.

80.28.080 - Published rates to be charged—Exceptions.

80.28.090 - Unreasonable preference prohibited.

80.28.100 - Rate discrimination prohibited—Exception.

80.28.110 - Service to be furnished on reasonable notice.

80.28.120 - Effect on existing contracts.

80.28.130 - Repairs, improvements, changes, additions, or extensions may be directed.

80.28.140 - Inspection of gas and water meters.

80.28.150 - Inspection of electric meters.

80.28.160 - Testing apparatus to be furnished.

80.28.170 - Testing at consumer's request.

80.28.180 - Rules and regulations.

80.28.185 - Water companies or wastewater companies within counties—Commission may regulate.

80.28.190 - Gas companies—Certificate—Violations—Commission powers—Penalty—Fees.

80.28.200 - Gas companies—Refunds of charges.

80.28.220 - Gas companies—Right of eminent domain—Purposes.

80.28.230 - Gas companies—Use for purpose acquired exclusive—Disposition of property.

80.28.240 - Recovery of damages by utility company for tampering, unauthorized connections, diversion of services.

80.28.250 - Water companies—Fire hydrants.

80.28.260 - Adoption of policies to provide financial incentives for energy efficiency programs.

80.28.270 - Water or wastewater companies—Extension, installation, or connection charges.

80.28.275 - Water or wastewater companies—Assumption of substandard water system or system of sewerage—Limited immunity from liability.

80.28.280 - Compressed natural gas—Motor vehicle refueling stations—Public interest.

80.28.290 - Compressed natural gas—Refueling stations—Identify barriers.

80.28.300 - Gas, electrical companies encouraged to provide customers with landscaping information and to request voluntary donations for urban forestry.

80.28.303 - Conservation service tariff—Contents of filing—Rate base—Duties of commission.

80.28.306 - Conservation bonds—Conservation investment assets as collateral—Priority of security interests—Transfers.

80.28.309 - Costs as bondable conservation investment.

80.28.310 - Tariff for irrigation pumping service—Authority for electrical companies to buy back electricity.

80.28.320 - Regulation of battery charging facilities.

80.28.330 - Certificate of public convenience and necessity—Bond or equivalent surety—Rule-making authority.

80.28.340 - Determination that a wastewater company is unfit to provide wastewater service on a system of sewerage—Commission may order transfer—Power of eminent domain.

80.28.350 - Petition to place a wastewater company in receivership—Power of eminent domain.

80.28.360 - Electric vehicle supply equipment—Capital expenditures—Incentive rate of return on investment.

80.28.365 - Electric vehicle supply equipment, programs, or services—Electrification of transportation plan—Review—Issuance of acknowledgment.

80.28.370 - Community solar companies—Definitions.

80.28.375 - Community solar companies—Requirements to engage in business—Registration.

80.28.380 - Gas companies—Conservation targets.

80.28.385 - Renewable natural gas program.

80.28.390 - Tariff—Voluntary renewable natural gas service.

80.28.395 - Natural gas—Cost of greenhouse gas emissions—Calculation.

80.28.400 - Commission—Monitoring greenhouse gas emissions—Report.

80.28.405 - Clean energy action plan—Greenhouse gas emissions—Calculation of cost.

80.28.410 - Clean energy action plan—Account for and defer costs.

80.28.420 - Gas company recovery of costs associated with replacing certain pipeline facilities—Information to be submitted to the commission—Definitions.

80.28.425 - Multiyear rate plan.

80.28.430 - Authority to enter into agreements with certain organizations—Agreement to govern manner in which financial assistance is provided to an organization—Requirements.

80.28.435 - Replacement of natural gas with hydrogen—Notice to commission—Tariff approval.

80.28.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.