(1) At any time after this
chapter has been implemented with respect to a site operator,
such site operator may petition the commission to be classified
as competitive. The commission may initiate classification
proceedings on its own motion. The commission shall enter its
final order with respect to classification within seven months
from the date of filing of a company's petition or the
commission's motion.
(2) The commission shall classify a site operator as a
competitive company if the commission finds, after notice and
hearing, that the disposal services offered are subject to
competition because the company's customers have reasonably
available alternatives. In determining whether a company is
competitive, the commission's consideration shall include, but
not be limited to:
(a) Whether the system of interstate compacts and regional
disposal sites established by federal law has been implemented so
that the Northwest compact site located near Richland, Washington
is the exclusive site option for disposal by customers within the
Northwest compact states;
(b) Whether waste generated outside the Northwest compact
states is excluded; and
(c) The ability of alternative disposal sites to make
functionally equivalent services readily available at competitive
rates, terms, and conditions.
(3) The commission may reclassify a competitive site
operator if reclassification would protect the public interest as
set forth in this section.
(4) Competitive low-level radioactive waste disposal
companies shall be exempt from commission regulation and fees
during the time they are so classified.
(5) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the operation or
enforcement of this section or any portion of this section or
under any administrative rule, and issue any orders to facilitate
the operation of state or local government or to promote and
secure the safety and protection of the civilian population.
[2008 c 181 § 413; 1991 c 272 § 12.]
NOTES:
Part headings not law -- 2008 c 181: See note following RCW 43.06.220.