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UTC dismisses petition for declaratory order from the United States Department of Agriculture Forest Service.

The commission dismisses the United States Department of Agriculture Forest Services' petition for declaratory order in Order 01 entered September 25, 2009. On September 18, 2009, the commission received a letter on behalf of the Forest Service stating that it was not their intent for a hearing or a Petition for Declaratory Order, but rather an opinion letter. The Forest Service letter of September 18 establishes good cause to dismiss this matter and close this formal declaratory judgment docket.

Background:
On August 27, 2009, the commission received a request from the United States Department of Agriculture Forest Service for a formal opinion concerning proposed boat transportation on Lake Chelan that would require a special use permit from the Forest Service. The special use permit would allow Stehekin Boat Service to use National Forest docketing facilities on the lake. The specific question to the Commission is whether the proposed operation is jurisdictional "commercial ferry service," as defined in statute and rule, or "charter" service that is exempt from commission jurisdiction.

Pursuant to RCW 34.05.240 and WAC 480-07-930, the commission gives notice of this petition to all person required by law and such other persons as deemed appropriate. Within thirty days of receiving the petition, the commission must either enter a declaratory order; notify the petitioner that no order will be entered; set a time by which the commission will enter an order; or set a time for a hearing. (Docket 091353, see "Documents" link below for more information).

Procedural questions regarding this matter may be addressed to Ann E. Rendahl, Administrative Law Judge, at 360-664-1144 or <arendahl@utc.wa.gov>.

Posted/updated: 09/29/2009
Document list:
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