The commission and its staff are public servants. All files on formal commission cases are open to the public. All meetings are open and held at regularly scheduled times. The commission library is also open to the public.
Open Meetings
The commission takes action on many of the matters that come before it at its regularly scheduled open meetings. These meetings are usually held at 9:30 a.m on the second, fourth, and fifth Thursdays of each month. Every now and then, due to scheduling conflicts, meetings are held on a different day or at a different time.
Quasi-Judicial Role
Unlike most state agencies, the commission often functions as a quasi-judicial body. This means that, like a court of law, it rules on cases brought before it. At the commission, these cases are usually company requests for increased revenue, permission to build a new plant, or a change in service policies. Like a court of law, the commission cannot simply rule out of hand. Decisions must be based on the evidence it collects, such as expert testimony, company records or data, public statements, and other information. The commissioners hold these formal, adjudicative hearings statewide.
Cases are conducted according to a strict procedure, with all parties given a chance to testify and cross-examine other parties. Major decisions are in written form, called an order, and the affected companies are bound by law to follow them, though they may appeal through the court system. A hearing officer, provided by the commission's Administrative Law Division, holds commission hearings.
The Washington State Administrative Procedure Act (APA) and commission rules govern how the commission conducts adjudications (contested cases, for example, rate cases, formal complaints, etc.), rulemaking proceedings, and judicial appeals of commission decisions.
When the commission starts adjudication, the APA section on "ex parte communications" (RCW 34.05.455) is invoked. That provision prevents the commissioners and the presiding administrative law judge from directly or indirectly communicating about any contested issue in the case, with anyone involved in the case on behalf of a party to the proceeding. For example, commission staff, public counsel, company representatives, and interveners. There is an exception for procedural matters such as scheduling.
The commission rule (WAC 480-09-140) also applies to "ex parte" communications. That rule mainly mirrors the statute but clearly states that the rule to not discuss issues extends to all of the commissioners' advisory team members and anyone involved in the case on behalf of a party to the proceeding.