Tri-Cities Electric and Gas Franchise Rate Approvals - City Law

Utilities and Infrastructure Washington 4 Minutes Read · published February 10, 2026 Flag of Washington

This guide explains how electric and gas franchise agreements, rate approvals, and related enforcement operate for the Tri-Cities, Washington area (Kennewick, Pasco, Richland). It summarizes who approves franchises, how rate changes interact with municipal authority and the Washington Utilities and Transportation Commission, where to file challenges or complaints, and practical steps property owners and businesses should follow when a utility seeks a franchise renewal or a rate change. The guide cites official municipal and state sources and points to the offices responsible for enforcement and appeals.

How franchise and rate approval interact

Cities grant franchise rights to utilities to use public rights-of-way and impose franchise terms; investor‑owned utilities’ retail rates are generally regulated by the Washington Utilities and Transportation Commission (UTC). For city-level franchise terms and process, consult each city’s municipal code and ordinance records; for state rate authority, consult the UTC’s energy pages [1]. For example, city councils adopt franchise ordinances and the city attorney or clerk maintains the franchise documents in the municipal code or ordinance archive [2][3].

Franchise grants and rate filings are distinct: cities control rights-of-way terms; the UTC controls retail rates for regulated utilities.

Typical municipal steps before approval

  • Notice of request or franchise application published and posted to council agendas.
  • Public hearing(s) scheduled by the city council or hearing examiner.
  • Review by city departments: Public Works, Planning, Legal, and sometimes Utilities or Finance.
  • Council decision by ordinance or resolution that adopts franchise terms and authorizes execution.

Penalties & Enforcement

Enforcement of franchise terms and of municipal bylaws related to rights-of-way or permits is typically carried out by the city departments identified in the approving ordinance (for example Public Works, City Attorney, or Code Enforcement). Specific fines, escalation, and non-monetary remedies are set by the controlling municipal ordinance or municipal code section; if a municipal code section does not publish fixed fines for a franchise breach, the page may state enforcement procedures but not amounts. Where retail rates are concerned, monetary penalties or rate remedies are determined under state regulatory processes administered by the UTC [1] and by the franchise ordinance for rights-of-way violations [2].

  • Fine amounts: not specified on the cited municipal code pages when the code records general enforcement authority rather than a fixed penalty; see city ordinance for precise amounts [2][3].
  • Escalation: municipal ordinances may provide escalating remedies for repeat or continuing violations; where not listed, escalation is "not specified on the cited page" and enforced through civil remedies.
  • Non-monetary sanctions: operating restrictions, removal orders, requirements to cure work in public rights-of-way, or revocation/termination procedures stated in the franchise agreement or ordinance.
  • Enforcer and complaint pathway: typically the city Public Works or Code Enforcement office handles on‑site inspection and initial complaints; the City Attorney enforces legal remedies. Report violations to the city’s official complaint/contact page for the relevant city (see Help and Support / Resources below).
  • Appeals and review: appeals of city administrative decisions usually follow procedures in the municipal code (appeal to hearing examiner or superior court); UTC rate decisions have specified appeal routes and statutory time limits under state law when applicable [1]. If a specific time limit is not shown on the cited municipal page, it is "not specified on the cited page".
  • Defences and discretion: cities often allow permits, variances, or cure periods; a franchise agreement may include conditions for "reasonable excuse" or force majeure—check the exact franchise ordinance text.

Applications & Forms

Application forms for a franchise or a rights-of-way permit may be published by the city clerk or Public Works department. In many cases the municipal code or franchise ordinance describes the submission route but not a numbered form; if no specific form number is published on the municipal ordinance page, then a formal city application form is not specified on the cited page and applicants should contact the city clerk or Public Works for the required application packet [2][3].

Contact the city clerk early to confirm the exact application packet and fees.

Common violations and typical remedies

  • Unauthorized excavation or failure to restore right-of-way—remedies often include repair orders and possible fines.
  • Installation without permits—stop-work orders and permit fees or administrative penalties.
  • Noncompliance with franchise maintenance or safety terms—ordered remediation and inspection requirements.

How-To

  1. Identify the applicable franchise ordinance and the city department listed as the point of contact.
  2. Contact the city clerk or Public Works to request the franchise application or permit packet.
  3. Attend the public hearing or submit written comments within the published comment period.
  4. If a rate case is involved, monitor UTC filings and participate in the UTC public comment process where the utility’s retail rates are considered [1].
  5. If you need to appeal a city decision, follow the municipal code’s appeal route and timeline or seek judicial review where allowed.

FAQ

Who regulates electric and gas retail rates for utilities serving Tri-Cities?
The Washington Utilities and Transportation Commission regulates retail rates for investor‑owned utilities; cities regulate franchises and rights‑of‑way [1].
Where do I find the city franchise agreement text?
Franchise ordinances and the city code archive contain the signed franchise agreement or ordinance language; contact the city clerk or consult the municipal code online [2][3].
How can I report a rights-of-way violation?
Report violations to the responsible city department (Public Works or Code Enforcement) using the city’s official contact or complaint page; see Help and Support / Resources below for city links.

Key Takeaways

  • City councils grant franchise rights; the UTC regulates retail rates for investor‑owned utilities.
  • Contact the city clerk or Public Works early to confirm application forms and fees.
  • Appeals follow municipal code procedures; UTC rate proceedings have separate state appeal routes.

Help and Support / Resources

  1. [1] Washington Utilities and Transportation Commission - Energy pages and rate filings
  2. [2] City of Kennewick municipal code and ordinance archive
  3. [3] City of Richland municipal code and ordinance archive

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