The Western Interconnection Regional Tracking Project

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Technology and the APAImpacts of electronic
communication on rulemaking
Mission Statement The UTC protects consumers by
ensuring that utility and transportation services
are fairly priced, available, reliable, and safe.
The Washington Administrative Procedures Act
Past Present and Future Sept. 22, 2005
Jeffrey Showman Performance Consultant
Knowledge ManagerWashington Utilities and
Transportation Commissionjshowman_at_wutc.wa.gov,
360-664-1212
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Disclaimer

• The views expressed today are mine alone, and do
  not represent any official position of the
  Washington Utilities and Transportation
  Commission (UTC).

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Outline

• Part 1 Framework - Model of communication and
  rulemaking
• Part 2 Reality - How technology impacts
  rulemaking
• Part 3 Future?

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1. Model of communication system

• We use models to simplify, understand reality.
• Main components of a communication model
• Sender Person that starts the conversation
• Receiver Listener, the recipient of the message
• Message Content whats being communicated
• Medium Channel technology for transmitting
• Feedback Mm-hm, I understand, Oh yeah?

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Picture of communication system
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Model applied to rule making

• Sender agency considering rules
• Receiver parties interested in or affected by
  potential rules
• Message notice that rules are being considered,
  inviting comment
• Medium ways of notifying paper, electronic,
  web site
• Feedback comment on proposed rules.

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Rulemaking technology is more than just
communication

• Agencies must manage many rulemakings at a time,
  use case management tools for these
  administration responsibilities.
• Work flow and team coordination Creating and
  moving documents through the process of drafting,
  review, and publication. Who drafted it? Whos
  desk is it on now?
• Status, progress and timeliness - Whats on our
  plate? How long is it taking?

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More technology roles in rulemaking

• Measuring performance - Are we timely? Is the
  rule effective? Did we listen to stakeholders? Is
  it easy to understand and comply?
• Knowledge sharing and data mining What did we
  say or do on this subject last time?
• Electronic technology plays an important role in
  all these other aspects of rulemaking.
• Tools include databases, spreadsheets, case
  management and content management software, web
  sites, online surveys, intranets, etc.

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Issues in electronic communication How
convenient is it for stakeholders?

• Pull customers go somewhere to obtain
  materials
• Paper available at the public library.
• Electronic available on a web site, customer
  needs to find it.
• Push delivered to customers door or desktop
• Paper US postal service, customer needs way to
  get on list.
• Electronic notice by email customer needs to
  get on the list, then agency must manage the list
  and notice.
• Emerging technology RSS Real Simple
  Syndication allows customers to sign up for
  topic-based subscriptions from web.
• Electronic filing or electronic availability?
• E-Filing customer fills out form on a web site,
  submits comments electronically OR prepares
  comments and sends by email.
• E-Available agency scans comments to electronic
  format.

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Technology and rulemaking at the UTC 1.
Electronic documents

• 1999 strategic plan - Project to increase
  electronic documents available to customers on
  our web site.
• Cross-agency team looked at how documents are
  created in hearings, rulemakings, and measured
  performance.
• New Records Management System (RMS) database used
  lessons to build automated tool to capture
  electronic documents as normal part of doing
  business.
• New procedural rules (2003) - UTC accepts
  electronic (email) rulemaking comments, no paper
  necessary.
• After visit to Idaho PUC, Records Center
  purchased scanning copiers to convert paper to
  electronic.
• Electronic document availability went from 45 to
  100.

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Technology and rulemaking 2. UTC web site

• UTC web site has Rulemaking button on our home
  page.
• Easy to create web pages, click a single button
  to make them appear under rulemaking and/or
  industry news.
• Web pages provide plain-English explanation of
  latest events and deadlines.
• Customers can see the complete documentary
  history in web version of our RMS database
  (except confidential documents).
• See screen prints on next slides

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Ex. 1 View of UTC rule makings
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Ex. 2 - UTC Rulemaking web page
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Ex. 3 Rulemaking web document availability
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Technology and rulemaking at the UTC 3. Other
web page uses

• Rulemaking teams have used web pages to
• Survey stakeholders about rule options, small
  business economic data, and to get feedback about
  UTC rulemaking effectiveness.
• Distribute workshop agendas and materials.
• Conduct on online workshop presentations, where
  the web page (in conjunction with telephone
  conference call capability) allows stakeholders
  nationwide to join in online tour (see next
  slide.)

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Ex.4 - Online workshop presentation
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Future needs and feeds?

• RSS technology can allow customers to choose,
  obtain real-time notification without work by
  agencies.
• Case management and workflow automating -
  databases to allow automated preparation, review,
  approval, and distribution of possible rules
  may improve efficiency
• Feedback about the rulemaking process - customer
  surveys (transaction-based) at the end of every
  rule, or other forms of feedback (e-bay and
  Amazon models - customer ratings) would improve
  effectiveness.
• Standardized metrics of rulemaking performance
  would allow agencies to benchmark themselves
  against peers.

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Summary - technology and rulemaking

• High technology can make it easier and faster
  to communicate with stakeholders, but . . .
• Real value of technology may be making it easier
  for agencies to
• Manage multiple rulemakings,
• Measure performance and get stakeholder feedback.
• Be more efficient and effective.

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References

• Idaho Public Utility Commission (PUC) users can
  sign up to receive updates on PUC action via RSS
  feed http//www.puc.idaho.gov/rssfeeds/rss.htm
• National Public Radio (NPR) has background on RSS
  feeds http//www.npr.org/help/index.html
• WUTC rule web page www.wutc.wa.gov/rulemaking
• Malcom Gladwell, The Social Life of Paper (book
  review of The Myth of the Paperless Office) in
  The New Yorker, March 25, 2002 Value of
  computers is managing files http//www.newyorker.
  com/critics/books/?020325crbo_books.
• Thomas H. Davenport, The Coming Commoditization
  of Process - Harvard Business Review, June 2005.
  Technology can standardize business processes.