WAC 246-25-140   Attorney general to provide informal opinion and advice on petitions to the commission.  As required by RCW 43.72.310(1), the attorney general will respond to a request for an informal opinion, or for advice regarding a written petition. The attorney general shall have discretion over the scope of the informal opinion or advice provided.

     (1) An informal opinion rendered by the attorney general pursuant to RCW 43.72.310(1) will include the following:

     (a) A statement of the facts relied upon in the opinion;

     (b) A statement of the issues presented by the applicant;

     (c) The attorney general's analysis; and

     (d) The attorney general's conclusion as to whether the proposed conduct is authorized by chapter 43.72 RCW.

     (2) If the attorney general concludes that the proposed conduct is authorized, the informal opinion will include the following, taking into account the size, scope, and nature of the proposed conduct:

     (a) A general description of the nature of the continued supervision and oversight the attorney general believes is necessary and appropriate to ensure the proposal continues to be authorized by chapter 43.72 RCW and that its benefits continue to outweigh its disadvantages;

     (b) A general description of the form of annual, or more frequent, progress reports the attorney general believes is appropriate to the transaction and sufficient to allow the commission and the attorney general to evaluate the continuing conduct; and

     (c) An indication of the types of data the attorney general believes are necessary to evaluate continuing conduct.

     (3) The informal opinion, and any written advice provided to the commission regarding a written petition, should include an explanation of when and under what conditions the attorney general would commit not to file an antitrust enforcement action if the informal opinion concludes that the proposed conduct is authorized, or if the commission approves the petition.



[Statutory Authority: RCW 43.72.310. 99-04-049, recodified as § 246-25-140, filed 1/28/99, effective 1/28/99; 95-04-112, § 245-02-140, filed 2/1/95, effective 3/4/95.]