Alaska Stat. § 42.40.880 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.880
Exemption.
Status: in_force

Notwithstanding the provisions of AS 42.40.870 , a collective bargaining settlement reached, or agreement entered into, under AS 42.40.860 that incorporates union security provisions, including a union shop or agency shop provision or agreement, shall safeguard the rights of nonassociation of employees having bona fide religious convictions based on tenets or teachings of a church or religious body of which an employee is a member. Upon submission of proper proof of religious conviction to the railroad labor relations agency, the agency shall declare the employee exempt from becoming a member of an organization. The employee shall pay an amount of money equivalent to regular organization dues, initiation fees, and assessments to the organization. Nonpayment of this money subjects the employee to the same penalty as if it were nonpayment of dues. The receiving organization shall contribute an equivalent amount of money to a charity of its choice not affiliated with a religious, labor, or employee organization. The organization shall submit to the railroad labor relations agency proof of contribution.
Alaska Stat. § 42.06.560 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.560
Actions to recover damages and penalties; disposition.
Status: in_force

(a) Actions to recover damages and penalties under this chapter shall be brought by the attorney general in a court of competent jurisdiction.

(b) All damages and penalties recovered under the provisions of this chapter shall be paid to the commission and deposited by it in the general fund of the state.
Alaska Stat. § 42.05.762 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.762
Duties of an electric reliability organization.
Status: in_force

An electric reliability organization shall (1) develop reliability standards that provide for an adequate level of reliability of an interconnected electric energy transmission network;

(2) develop integrated resource plans under AS 42.05.780 (a);

(3) establish rules to (A) ensure that the directors of the electric reliability organization and the electric reliability organization act independently from users, owners, and operators of the interconnected electric energy transmission network;

(B) equitably allocate reasonable dues, fees, and other charges among all load-serving entities connected to the interconnected electric energy transmission network for all activities under AS 42.05.760  42.05.790;

(C) provide fair and impartial procedures for the enforcement of reliability standards;

(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balancing of interests in exercising its duties;

(4) be governed by a board that (A) includes as nonvoting members the chair of the commission or the chair's designee and the attorney general or the attorney general's designee; and

(B) is formed as (i) an independent board;

(ii) a balanced stakeholder board; or

(iii) a combination independent and balanced stakeholder board; and

(5) prioritize the reliability, stability, and cost to consumers of the interconnected bulk-electric system served by the electric reliability organization.
Alaska Stat. § 42.06.330 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.330
Power of commission to allocate usage.
Status: in_force

If the commission, upon its own motion or upon complaint, after providing reasonable notice and opportunity for hearing, finds that an oil or gas pipeline facility is making or granting an unreasonable preference or advantage to any person or subjecting any person to an unreasonable prejudice or discrimination, the commission may prescribe rules to end the discrimination or the commission may itself prescribe the allocation of the service until it determines the discrimination can be avoided by appropriate rule or agreement.
Alaska Stat. § 42.30.460 — AK Code / Title 42 / Chapter 42.30 / Section 42.30.460
Underground facility owner.
Status: in_force

If the operator of an underground facility is not the owner of the facility and if the operator cannot be identified or has been identified but cannot be reached in a reasonable amount of time, the excavator may give the notice required by AS 42.30.400  42.30.490 to the owner of the underground facility and the owner shall assume the duties and responsibilities of the operator under AS 42.30.400  42.30.490.
Alaska Stat. § 42.30.040 — AK Code / Title 42 / Chapter 42.30 / Section 42.30.040
Annual statement.
Status: in_force

(a) During April of each year, each person engaged in furnishing a public service, except a rural electrification or telephone cooperative or nonprofit association receiving financial assistance from the federal government under 7 U.S.C. 901  918c (Rural Electrification Act), shall file with the city council a written statement under oath, sworn to by the person having the management and control of the business or other person familiar with all the facts. The statement must contain a detailed list of all property used in connection with the enterprise and give the valuation of each piece of property listed. It must also contain a statement of the receipts and disbursements during the year, and the profits or losses. The statement of disbursements must show to whom each item was paid and what for. The statement shall be for the calendar year preceding and shall be for the use of the city council.

(b) The city council is not bound by the statement but may inquire into its truth.
Alaska Stat. § 42.08.260 — AK Code / Title 42 / Chapter 42.08 / Section 42.08.260
Annual report.
Status: in_force

The commission shall include in its annual reports under AS 42.05.211 and AS 42.06.220 a review of its activities under this chapter during the previous fiscal year. The report must address the regulation of in-state natural gas pipeline facilities in the state as of June 30 of each year and must contain details about the commission's compliance with the performance measures in this chapter.
Alaska Stat. § 42.06.286 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.286
Pipeline carrier regulatory cost charge.
Status: in_force

(a) A pipeline carrier operating in the state shall pay to the commission an annual regulatory cost charge in an amount not to exceed the sum of the following percentages of gross revenue derived from operations in the state: (1) not more than .98 percent to fund the operations of the commission, and (2) not more than .22 percent to fund operations of the public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) within the Department of Law. A regulatory cost charge may not be assessed on pipeline carrier operations unless the operations are within the jurisdiction of the commission.

(b) The commission shall by regulation establish a method to determine annually the amount of the regulatory cost charge. If the amount the commission expects to collect under (a) of this section and under AS 42.05.254 (a) exceeds the authorized budgets of the commission and the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e), the commission shall, by order, reduce the percentage determined under (e) of this section so that the total amount of the fees collected approximately equals the authorized budgets of the commission and the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) for the fiscal year.

(c) The commission shall administer the charge imposed under this section. The Department of Revenue shall collect and enforce the charge imposed under this section. The Department of Administration shall identify the amount of the operating budgets of the commission and the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) that lapse into the general fund each year. The legislature may appropriate an amount equal to the lapsed amount to the commission and to the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) for operating costs for the next fiscal year. If the legislature does so, the commission shall reduce the total regulatory cost charge collected for that fiscal year by a comparable amount.

(d) The commission may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to administer this section, including requirements and procedures for reporting information and making quarterly payments. The Department of Revenue may adopt regulations under AS 44.62 (Administrative Procedure Act) for investigating the accuracy of filed information, and for collecting required payments.

(e) The commission shall by regulation establish a method to determine annually the maximum percentage of gross revenue that will apply to each regulated public utility sector, the certificated telecommunications utility sector, and the regulated pipeline carrier sector in accordance with AS 42.05.254 (h).

(f) In this section, gross revenue means the total intrastate operating revenue as shown in a pipeline carrier's annual report required by the commission by regulation.
Alaska Stat. § 42.08.540 — AK Code / Title 42 / Chapter 42.08 / Section 42.08.540
Joinder of actions.
Status: in_force

Under the applicable court rules, appeals from orders of the commission and applications for enforcement of orders of the commission may be joined. The court may, in the interests of justice, separate the actions.
Alaska Stat. § 42.05.752 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.752
Notice of on-bill financing agreement and meter conservation charge.
Status: in_force

(a) A utility that enters into an on-bill financing agreement shall file notice of the on-bill financing agreement and related meter conservation charge in the recording district in which the residence or building subject to the agreement is located. Notice under this subsection does not constitute a lien on the property, but is intended to give an owner of the residence or building notice that the residence or building is subject to a meter conservation charge. Notice is considered given if it is sufficient to disclose to prospective owners the existence of the meter conservation charge, including the balance owed under the on-bill financing agreement, whether the system or device is covered by a repair and maintenance agreement described in AS 42.05.750 (d), and the length of time the meter conservation charge is expected to remain in effect.

(b) A utility shall file notice of satisfaction when an on-bill financing agreement is paid in full. Notice of satisfaction shall be filed in the recording district in which the residence or building subject to the agreement is located.
Alaska Stat. § 42.05.521 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.521
Impaired capital.
Status: in_force

When the commission finds that the capital of a public utility corporation is impaired, or might become impaired, it may, after investigation and hearing, issue an order directing the public utility to cease paying dividends on its common stock until the impairment has been removed.
Alaska Stat. § 42.40.935 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.935
Railroad facilities code compliance.
Status: in_force

(a) Not later than two years after the date of transfer the corporation in consultation with the Department of Labor and Workforce Development shall develop and adopt a plan to achieve compliance with AS 18.60 . The plan shall be implemented and compliance achieved within five years after it is adopted.

(b) No later than two years after the date of transfer, the corporation in consultation with the Department of Public Safety and appropriate municipal officials, shall develop and adopt a plan to achieve compliance with building and related safety codes applicable to facilities of the corporation. The plan shall be implemented and compliance achieved within five years after it is adopted. In the sole determination of the commissioner of public safety, any existing building owned or controlled by the corporation that does not present a serious safety hazard and for which compliance would be uneconomical in consideration of its remaining useful life shall be exempted from compliance with state or municipal safety codes.
Alaska Stat. § 42.20.300 — AK Code / Title 42 / Chapter 42.20 / Section 42.20.300
Unauthorized publication or use of communications.
Status: in_force

(a) Except for a party to a private conversation, a person who receives or assists in receiving, or who transmits or assists in transmitting, a private communication may not divulge or publish the existence, contents, substance, purport, effect, or meaning of the communication, except through authorized channels of transmission or reception (1) to the addressee or the agent or attorney of the addressee;

(2) to a person employed or authorized to forward a communication to its destination;

(3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed;

(4) to the master of a ship under whom the person is serving;

(5) to another on demand of lawful authority; or

(6) in response to a subpoena issued or order entered by a court of competent jurisdiction.

(b) Except as provided in AS 12.37 , a person not authorized by a party to the communication may not intentionally intercept a private communication or divulge or publish the existence, contents, substance, purport, effect, or meaning of the intercepted communication to any person.

(c) A person who is not entitled to a communication but who has received the communication may not use it or any information contained in it for personal benefit or another's benefit.

(d) A person who has received a communication and who knows or reasonably should know that the communication and the information contained in it was obtained in violation of this section may not divulge or publish the existence, contents, substance, purport, effect, or meaning of the communication or any part of the communication.

(e) A person who has become acquainted with a communication or the information contained in it, and who is not entitled to the communication, may not use the same for personal benefit or another's benefit, or divulge or publish the existence, contents, substance, purport, effect, or meaning of the communication or any part of the communication.
Alaska Stat. § 42.45.180 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.180
Grants for utility improvements.
Status: in_force

(a) The authority may make a grant from the fund for an eligible utility for a small power project that will reduce the cost of generating or transmitting power to the customers of the utility. The amount of the grant may not exceed 75 percent of the cost of the project. The authority may not make a grant under this section unless the eligible utility has secured financing for 25 percent of the cost of the project from a source other than the power cost equalization and rural electric capitalization fund, as provided under (c) of this section.

(b) The authority may not allocate more than three percent of the balance in the fund to grants under this section in a fiscal year.

(c) In determining whether an eligible utility has secured financing for 25 percent of the cost of the project from a source other than the power cost equalization and rural electric capitalization fund, the authority shall accept solicited and unsolicited proposals for third party financing or for a joint venture between the utility and an entity from the private sector provided that the private sector participant has (1) a valid state business license;

(2) a resolution or letter of agreement executed by the eligible utility agreeing to participation by the private sector participant;

(3) a business plan that illustrates how the proposed project will reduce the cost of generating or transmitting power to the customers of the utility.

(d) In this section, (1) eligible utility has the meaning given in AS 42.45.150 ;

(2) project includes (A) power generation systems;

(B) transmission systems;

(C) distribution systems;

(D) metering systems;

(E) energy store systems;

(F) energy conservation programs; and

(G) bulk fuel storage facilities;

(3) small power project means a new or modified project that will either generate, store, or conserve no more than 1.5 megawatts of power or provide a metering system, transmission system, distribution system, or bulk fuel storage facility that has an estimated cost of less than $3,000,000.
Alaska Stat. § 42.05.181 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.181
Notice and hearing before final orders.
Status: in_force

A final order of the commission compelling affirmative action, denying a right or privilege, or granting a right or privilege over protest of the public utility or any party of record may not be entered without giving the interested party reasonable notice and an opportunity to be heard.
Alaska Stat. § 42.40.705 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.705
Political activities.
Status: in_force

(a) Money, assets, or property of the corporation may not be used for political activities. However, board members and employees may communicate with and appear before committees of Congress, the state legislature, and municipal governing bodies in connection with matters directly affecting the corporation.

(b) A board member or employee who violates the provisions of this section is personally subject to a civil penalty assessed by a judge of the superior court in an amount not to exceed $5,000. An action to enforce this section may be brought by any person.
Alaska Stat. § 42.05.735 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.735
Definitions.
Status: in_force

In AS 42.05.725  42.05.735, (1) community energy facility is a renewable energy generating facility under a certificated electric utility's community energy tariff that is not connected to a retail consumer's electricity meter and provides all or a portion of the electrical energy requirements of the retail consumer;

(2) consumer means a customer of an electric utility described in AS 42.05.725 that consumes the electricity purchased from the utility;

(3) electric system means an integrated electrical system that includes, at a minimum, generation and distribution of electric energy;

(4) nameplate capacity means the maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer;

(5) subscriber means an electric consumer of an electric utility who owns one or more community energy facility subscriptions interconnected with the utility and who (A) is a residential customer of the utility; or

(B) is a commercial customer of the utility with an electricity demand of less than 50 kilowatts per month;

(6) subscriber organization means a for-profit or nonprofit entity that owns or operates one or more community energy facilities;

(7) subscription means a contract between a subscriber and a subscriber organization that owns a community energy facility.

Article 10. On-Bill Financing of Energy Efficiency and Conservation Improvements.
Alaska Stat. § 42.20.390 — AK Code / Title 42 / Chapter 42.20 / Section 42.20.390
Definitions.
Status: in_force

In AS 42.20.300  42.20.390, unless the context otherwise requires, (1) communications common carrier means a business or person engaged as a common carrier for hire in the transmission of communications by wire, cable, satellite, electromagnetic waves, or radio, not including radio broadcasting;

(2) contents includes information obtained from a private communication concerning the existence, substance, purport, or meaning of the communication, or the identity of a party of the communication;

(3) eavesdropping device means a device or apparatus, including an induction coil, that can be used to intercept an oral, wire, or electronic communication, other than (A) a hearing aid or similar device used for the restoration of subnormal hearing to not better than normal; or

(B) a telephone instrument, equipment, or facility, or any component of a telephone instrument, equipment, or facility (i) being used by a provider of wire or electronic communication service in the ordinary course of its business; or

(ii) furnished to a subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business;

(4) electronic communication means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, including a cellular or cordless telephone communication, but does not include (A) wire or oral communications;

(B) communications made through a tone-only paging device;

(C) communications made through a tracking device consisting of an electronic or mechanical device that permits the tracking of the movement of a person or object; or

(D) communications that are disseminated by the sender with the intent or expectation, or through a method of transmission that is so configured, that the communication is readily accessible to the general public;

(5) electronic communication service means a service that provides to users of the service the ability to send or receive wire or electronic communications;

(6) employee includes a person who is an officer, agent, or employee of, or a person under contract with, a business or a government entity;

(7) intercept means the aural or other acquisition of the contents of an oral, wire, or electronic communication through the use of any electronic, mechanical, or other device, including the acquisition of the contents by simultaneous transmission or by recording;

(8) minor means a child under 18 years of age who has not had the disabilities of a minor removed as described in AS 09.55.590 ;

(9) oral communication means human speech used to communicate information from one party to another;

(10) parent means a natural person who is the minor's natural or adoptive parent, or who has been legally appointed as the minor's guardian, with parental rights that are not terminated by court order and who is not prohibited by court order from communicating with the minor, or a stepparent as defined in AS 25.23.240 who is not prohibited by court order from communicating with the minor;

(11) private communication means an oral, wire, or electronic communication uttered or transmitted by a person who has a reasonable expectation that the communication is not subject to interception;

(12) wire communication means human speech used to communicate information from one party to another in whole or in part through the use of facilities for the transmission of communications by wire, cable, or other similar connection between the point of origin and the point of reception furnished or operated by a telephone or radio company for hire as a communications common carrier, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.
Alaska Stat. § 42.05.531 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.531
Distribution of surplus and profits.
Status: in_force

The surplus and profits of a public utility shall be distributed in accordance with the bylaws or ordinances controlling the utility.
Alaska Stat. § 42.40.530 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.530
Revenue.
Status: in_force

Revenue generated by or appropriated to the corporation shall be retained and managed by the corporation for railroad and related purposes in accordance with 45 U.S.C. 1207(a)(5) (Alaska Railroad Transfer Act of 1982).
Alaska Stat. § 42.05.505 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.505
Records of gas storage facilities.
Status: in_force

Records held by the commission related to the finances of a gas storage facility, a liquefied natural gas storage facility, or a public utility providing the service of natural gas storage, including financial statements and financial assurance agreements, are confidential and are not public records under AS 40.25.100  40.25.295 (Alaska Public Records Act). The commission may disclose information from a record subject to this section only to a state or federal agency if the commission determines that disclosure of the information is necessary for the commission to complete its duties.
Alaska Stat. § 42.04.060 — AK Code / Title 42 / Chapter 42.04 / Section 42.04.060
Restrictions on members and employees.
Status: in_force

(a) A member of the commission or an employee of the commission may not have an official connection with, hold stock or securities in, or have a pecuniary interest in a public utility or pipeline carrier within the state. Membership in a cooperative association is not a pecuniary interest within the meaning of this section; however, a member or employee of the commission may not be an officer, board member, or employee of a cooperative association. A member or employee may not act upon a matter in which a relationship of the member or employee with any person creates a conflict of interest.

(b) A member or employee of the commission may not, after leaving the position as a member or employee of the commission, act as agent for or on behalf of a public utility in any matter before the commission that was before the commission during the employee's employment or the member's term of office. A violation of this subsection is a class A misdemeanor.

(c) Members and employees of the commission, except clerical and secretarial staff, are subject to AS 39.50 . Members and employees of the commission are subject to AS 39.52 .

(d) A member of the commission is disqualified from voting upon any matter before the commission in which the member has a conflict of interest.
Alaska Stat. § 42.05.651 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.651
Expenses of investigation or hearing.
Status: reserved

(a) During a hearing or investigation held under this chapter, the commission may allocate the costs of the hearing or investigation among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory cost charge paid by a utility under AS 42.05.254 and may consider the results, ability to pay, evidence of good faith, other relevant factors, and mitigating circumstances. Notwithstanding an intervening party's ability to pay, if the commission determines that an intervening party has conducted its intervention in a frivolous manner, the commission shall allocate all costs associated with the intervention to that party. The costs allocated may include the costs of any time devoted to the investigation or hearing by hired consultants, whether or not the consultants appear as witnesses or participants. The costs allocated may also include any out-of-pocket expenses incurred by the commission in the particular proceeding. The commission shall provide an opportunity for any person objecting to an allocation to be heard before the allocation becomes final.

(b) [Repealed, § 28 ch 90 SLA 1991.] (c) Notwithstanding the commission's discretion under (a) of this section to allocate costs to parties, the commission may not require a state agency to pay any costs allocated to the state agency.
Alaska Stat. § 42.40.510 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.510
Fidelity bond.
Status: in_force

The corporation shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances. A bond must be in effect during the entire tenure in office of the bonded person.
Alaska Stat. § 42.45.250 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.250
Bulk fuel revolving loan fund.
Status: reserved

(a) The bulk fuel revolving loan fund is established in the division to assist communities, utilities providing power in communities, and fuel retailers in communities in purchasing bulk fuel to generate power or supply the public with fuel for use in communities. A community, or a person generating power or selling fuel in a community or maintaining community facilities or infrastructure is eligible for a bulk fuel loan under AS 42.45.260 or a bulk fuel bridge loan under AS 42.45.270 to purchase bulk fuel to be used in the community.

(b) Money in the fund may be used by the legislature to make appropriations for costs of administering AS 42.45.250  42.45.299.

(c) [Repealed, § 2 ch 46 SLA 2012.] (d) [Repealed, § 2 ch 46 SLA 2012.] (e) [Repealed, § 2 ch 46 SLA 2012.] (f) [Repealed, § 2 ch 46 SLA 2012.] (g) [Repealed, § 2 ch 46 SLA 2012.] (h) [Repealed, § 2 ch 46 SLA 2012.] (i) [Repealed, § 2 ch 46 SLA 2012.] (j) [Repealed, § 2 ch 46 SLA 2012.] (k) [Repealed, § 2 ch 46 SLA 2012.] (l) [Repealed, § 2 ch 46 SLA 2012.] (m) [Repealed, § 2 ch 46 SLA 2012.] (n) The fund consists of (1) money appropriated to, transferred to, or received by gift, grant, devise, bequest, or donation to the fund;

(2) principal and interest payments or other income earned on loans or investments of the fund and appropriated to the fund.

(o) The fund is not a dedicated fund.

(p) The division shall establish and implement a technical assistance program for borrowers. Technical assistance shall be provided to borrowers who need assistance in applying for a loan or who have received a bulk fuel loan to help those borrowers improve creditworthiness or other financial criteria likely to be considered by the division if the borrower applies for another bulk fuel loan in the future. The division may contract with a state agency or private contractor to administer or implement the technical assistance program.
Alaska Stat. § 42.40.310 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.310
Indemnification.
Status: in_force

(a) The corporation may defend and indemnify a current or former member of the board, employee, or agent of the corporation against all costs, expenses, judgments, and liabilities, including attorney's fees, incurred by or imposed upon that person in connection with a civil or criminal action in which the person is involved by affiliation with the corporation, if the person acted in good faith on behalf of the corporation and within the scope of official duties or powers.

(b) The corporation may purchase insurance to protect and hold personally harmless its employees, agents, and board members from an action, claim, or proceeding arising out of the performance, purported performance, or failure of performance, in good faith, of duties for, or employment with, the corporation and to hold them harmless from expenses connected with the defense, settlement, or monetary judgments from that action, claim, or proceeding. The purchase of insurance is discretionary with the board and insurance is not considered to be compensation to the insured person.

Article 5. Corporation Property.
Alaska Stat. § 42.20.320 — AK Code / Title 42 / Chapter 42.20 / Section 42.20.320
Exemptions.
Status: in_force

(a) The following activities are exempt from the provisions of AS 42.20.300 and 42.20.310: (1) listening to a radio or wireless communications of any sort where the same are publicly made;

(2) hearing conversation when heard by employees of a common carrier by wire incidental to the normal course of their employment in the operation, maintenance, or repair of the equipment of the common carrier by wire, provided the information obtained is not used or divulged in any manner by the hearer;

(3) a broadcast by radio or other means whether it is a live broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations that are overheard are incidental to the main purpose for which the broadcast is then being made;

(4) recording or listening with the aid of any device to an emergency communication made in the normal course of operations by a federal, state, or local law enforcement agency or institutions dealing in emergency services, including hospitals, clinics, ambulance services, fire fighting agencies, a public utility emergency repair facility, civilian defense establishment, or military installations;

(5) inadvertent interception of telephone conversations over party lines;

(6) a peace officer, or a person acting at the direction or request of a peace officer, engaging in conduct authorized by or under AS 12.37 ;

(7) interception, listening, or recording of communications by a peace officer, or a person acting under the direction or request of a peace officer, in an emergency where the communications are received from a device that intercepts the communications of a person (A) barricaded and not exiting or surrendering at the direction or request of a peace officer, in circumstances where there is an imminent risk of harm to life or property;

(B) holding another person hostage; or

(C) threatening the imminent illegal use of an explosive;

(8) the interception by a peace officer of an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, if (A) the interception and monitoring occurs (i) during the investigation of a crime or the arrest of a person for a crime; and

(ii) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;

(B) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and

(C) the communication intercepted is not recorded;

(9) interception of a private communication to which a minor is a party by a parent of the minor, except that interception of a private communication between a minor and the minor's attorney or guardian ad litem or between a minor and a child-custody investigator is not exempt from the provisions of AS 42.20.300 and 42.20.310; evidence obtained under this paragraph may be (A) considered by a guardian ad litem or a child custody investigator only if the guardian ad litem or child custody investigator determines that consideration of the evidence is in the best interests of the minor;

(B) admitted in a judicial proceeding, subject to the Alaska Rules of Evidence;

(C) admitted in a judicial proceeding relating to the custody of a minor, subject to the Alaska Rules of Evidence and only if the court determines that admission of the evidence is in the best interests of the minor; or

(D) admitted in an official proceeding that is not a judicial proceeding, subject to the rules of evidence governing the proceeding and only if the official presiding over the proceeding determines that admission of the evidence is in the best interests of the minor.

(b) Notwithstanding any other provision of law, a person who inadvertently intercepts a private communication that appears to pertain to the commission of a crime may report the information to a law enforcement agency.

(c) In this section, explosive has the meaning given in AS 11.81.900 .
Alaska Stat. § 42.06.230 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.230
Jurisdiction of commission.
Status: in_force

(a) Except as to jurisdiction of the Department of Law as provided by AS 42.06.140 (a)(10), the jurisdiction and authority over the subject matter of this chapter is exclusively in the commission. To the extent that the performance of any duties of the commission affects a pipeline carrier or a pipeline subject to regulation under federal law, the performance of its duties may not, as to that pipeline carrier or pipeline, conflict with applicable federal laws, regulations, orders, or other requirements.

(b) The commission's jurisdiction and authority extend to (1) an oil or gas pipeline facility operating in a municipality, whether home rule or otherwise; if a conflict between a certificate, order, decision, or regulation of the commission and a charter, permit, franchise, ordinance, rule, or regulation of such a local governmental entity occurs, the certificate, order, decision, or regulation of the commission prevails; and

(2) the intrastate transportation of North Slope natural gas through a North Slope natural gas pipeline.

Article 2. Certificate of Public Convenience and Necessity.
Alaska Stat. § 42.06.055 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.055
Commission decision-making procedures.
Status: in_force

The commission shall comply with AS 42.04.080 for matters that come before the commission for decision.
Alaska Stat. § 42.40.750 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.750
Representatives and elections.
Status: in_force

(a) The railroad labor relations agency shall investigate a petition if it is submitted in a manner prescribed by the railroad labor relations agency by (1) an employee or group of employees or an organization acting in their behalf alleging that 30 percent of the employees of a proposed bargaining unit (A) want to be represented for collective bargaining by a labor or employee organization as exclusive representative; or

(B) assert that the organization that has been certified or is currently being recognized by the corporation as bargaining representative is no longer the representative of the majority of employees in an appropriate unit; or

(2) the corporation alleging that one or more organizations have presented to it a claim to be recognized as a representative of a majority of employees in an appropriate unit.

(b) If the railroad labor relations agency has reasonable cause to believe that a question of representation exists, it shall provide for a hearing upon due notice. If the railroad labor relations agency finds that there is a question of representation, it shall direct an election by secret ballot to determine whether or by which organization the employees desire to be represented and shall certify the results of the election. Nothing in this subsection prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with the regulations of the railroad labor relations agency or an election in a bargaining unit agreed upon by the parties.

(c) The railroad labor relations agency shall determine who is eligible to vote in an election held under this section and shall adopt regulations governing the election. In an election in which none of the choices on the ballot receives a majority of the votes cast, a runoff election shall be conducted, the ballot providing for selection between the two choices receiving the largest number of valid votes cast in the election. If an organization receives the majority of the votes cast in the election, it shall be certified by the railroad labor relations agency as exclusive representative of all the employees in the bargaining unit. An election may not be held in a bargaining unit or in a subdivision of a bargaining unit if a valid election has been held within the preceding 12 months.

(d) Nothing in this chapter prohibits recognition of an organization as the exclusive representative by the corporation by mutual consent.

(e) An election may not be directed by the railroad labor relations agency in a bargaining unit in which there is in force a valid collective bargaining agreement, except during a 90-day period preceding the expiration date. However, a collective bargaining agreement may not bar an election upon petition of employees in the bargaining unit if (1) the petitioners are not parties to the agreements; and

(2) more than three years have elapsed since the execution of the agreement or its last timely renewal, whichever was later.
Alaska Stat. § 42.40.700 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.700
Limitation on personal liability.
Status: in_force

A board member or employee of the corporation is not subject to personal liability or accountability because of the execution or issuance of bonds.
Alaska Stat. § 42.30.020 — AK Code / Title 42 / Chapter 42.30 / Section 42.30.020
Duty to serve without discrimination and adopt regulations.
Status: in_force

(a) Every person operating a public service plant or undertaking wholly or partially in a city for the furnishing of telephone service, water, power, lighterage, wharfage, dockage, storage, heat or light or kindred public service shall serve everybody alike without discrimination, and without denial, except for good and sufficient cause. Every person undertaking to supply this public service shall adopt reasonable rules and regulations for the conduct of the business and the operation of the public service plant. The rules and rates of charges for service shall be given fair and reasonable publicity.

(b) A person operating a public service plant may not furnish the service cheaper than at rates lawfully established by charter, city ordinance, or otherwise, or grant or give a rebate from any sum due, owing, or earned for the service.

(c) A person violating this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1000, or by imprisonment for not more than 90 days, or by both.
Alaska Stat. § 42.08.380 — AK Code / Title 42 / Chapter 42.08 / Section 42.08.380
Regulatory cost charge.
Status: in_force

(a) Each year, a person operating an in-state natural gas pipeline under this chapter shall pay to the commission a regulatory cost charge if the pipeline for which the charge is assessed is subject to this chapter and the commission has taken action on the pipeline or certificate under this chapter during the prior fiscal year. The amount of the regulatory cost charge may not exceed the sum of the following percentages of gross revenue derived from operations in the state: (1) 0.7 percent to fund the operations of the commission; and

(2) 0.17 percent to fund operations of the public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) in the Department of Law.

(b) The commission shall by regulation establish a method to determine annually the amount of the regulatory cost charge that will apply to a pipeline regulated under this chapter. If the amount the commission expects to collect under (a) of this section, AS 42.05.254 (a), and AS 42.06.286 (a) exceeds the authorized budgets of the commission and the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e), the commission shall, by order, reduce the percentage determined under a regulation adopted under this subsection so that the total amount of the fees collected approximately equals the authorized budgets of the commission and the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) for the fiscal year.

(c) The commission shall administer the charge imposed under this section. The Department of Revenue shall collect and enforce the charge imposed under this section. The Department of Administration shall identify the amount of the operating budgets of the commission and the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) that lapses into the general fund each year. The legislature may appropriate an amount equal to the lapsed amount to the commission and to the Department of Law public advocacy function under AS 42.04.070 (c) and AS 44.23.020 (e) for operating costs for the next fiscal year. If the legislature does so, the commission shall reduce the total regulatory cost charge collected for that fiscal year by a comparable amount.

(d) The commission may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to administer this section, including procedures and requirements for reporting information and a requirement for paying the regulatory cost charge in quarterly payments. The Department of Revenue may adopt regulations under AS 44.62 (Administrative Procedure Act) for investigating the accuracy of filed information and for collecting required payments.
Alaska Stat. § 42.20.110 — AK Code / Title 42 / Chapter 42.20 / Section 42.20.110
Bribing operator or employee to disclose private message; punishment.
Status: in_force

Article 3. Emergency Calls on Party Lines.
Alaska Stat. § 42.08.020 — AK Code / Title 42 / Chapter 42.08 / Section 42.08.020
Qualification of the Alaska Gasline Development Corporation; findings.
Status: in_force

(a) The Alaska Gasline Development Corporation is financially fit, willing, and able to take the actions, perform the service, and conform to the requirements of this chapter.

(b) The board of directors and the officers of the Alaska Gasline Development Corporation are managerially fit, willing, and able to manage the Alaska Gasline Development Corporation and to take the actions, perform the service, and conform to the requirements of this chapter.

(c) The proposed service, construction, and operation of an in-state natural gas pipeline for which the Alaska Gasline Development Corporation applies for a certificate under this chapter is required by present and future public convenience and necessity.

(d) The findings that the Alaska Gasline Development Corporation is financially fit in (a) of this section and managerially fit in (b) of this section and that an in-state natural gas pipeline is required by present or future public convenience and necessity in (c) of this section are conclusive and binding on the commission.

(e) The commission shall determine whether a person making application under this chapter is technically fit, willing, and able to take the actions, perform the service, and conform to the requirements in this chapter.

Article 2. Powers and Duties of Regulatory Commission of Alaska.
Alaska Stat. § 42.30.450 — AK Code / Title 42 / Chapter 42.30 / Section 42.30.450
Waiver of requirements by written agreement.
Status: in_force

An operator and an excavator may, by written agreement, waive the requirements of AS 42.30.400  42.30.490 that the excavator notify the operator of planned excavations and that the operator locate underground facilities. The agreement must identify the geographic areas to which the waiver applies and the time period for which the waiver is valid.
Alaska Stat. § 42.40.570 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.570
Kenai gasification project.
Status: in_force

(a) The corporation may participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, and operation of real and personal property, including facilities and equipment for the transportation of coal from Healy to the northern Kenai Peninsula, and facilities and equipment for coal gasification and electrical power generation adjacent to the Agrium fertilizer plants in the northern Kenai Peninsula.

(b) The corporation may participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, and operation of real and personal property, including facilities and equipment, for the transportation of coal by rail from Healy to Port MacKenzie and thereafter by barge to the northern Kenai Peninsula.

(c) The corporation may finance all or a portion of the projects described in (a) and (b) of this section through the issuance of its bonds.

Article 8. Bonds.
Alaska Stat. § 42.05.311 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.311
Joint use and interconnection of facilities.
Status: in_force

(a) A public utility having sewers, conduits, utilidors, poles, pole lines, pipes, pipelines, mains, or other distribution or transmission facilities shall, for a reasonable compensation, permit another public utility to use them when the public convenience and necessity require this use and the use will not result in substantial injury to the owner, or in substantial detriment to the service to the customers of the owners. The cost of modifications or additions necessary to a joint use shall be at the expense of the public utility requesting the use of the facilities.

(b) A telecommunications utility shall permit connection to be made and service to be furnished between a system operated by it and the system or toll facilities operated by another public utility or with the communications facility or system of a nonutility, or between its toll facilities and the toll facilities of another public utility, when public convenience and necessity require the connection and the connection will not result in substantial injury to the owner or other users of the facilities of either public utility or in substantial detriment to the service of either public utility.

(c) The tariff of a public utility shall include rules setting out the terms and conditions under which it will construct, or permit its customers or subscribers to construct, and install lines, cables, radio links, or pipes from its existing facilities to the premises of applicants for service.
Alaska Stat. § 42.05.754 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.754
Rental property.
Status: in_force

A utility may recover the costs under an on-bill financing agreement for a rental property by assessing a meter conservation charge on a utility bill only if the landlord is responsible for the entire utility bill, including the meter conservation charge.
Alaska Stat. § 42.40.300 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.300
Use of corporation assets.
Status: in_force

The corporation shall apply all money, property, other assets, and credit of the corporation toward activities authorized by this chapter. The corporation may not issue shares of stock, pay dividends, make private distributions of assets, make loans to board members or employees, or engage in business for private benefit. The use of money, property, another asset, or credit of the corporation for a purpose not authorized by law by a person having the possession or control of it is prohibited.
Alaska Stat. § 42.45.190 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.190
Definition for AS 42.45.100  42.45.190.
Status: in_force

In AS 42.45.100  42.45.190, fund means the power cost equalization and rural electric capitalization fund established under AS 42.45.100 .
Alaska Stat. § 42.06.440 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.440
Inspection of records.
Status: in_force

(a) Subject to AS 31.05.035 (c), the commission shall at all reasonable times have access to, and may designate any of its employees, agents, or consultants to inspect and examine, the accounts, records, books, maps, inventories, appraisals, valuations, or other reports and documents, kept by an oil or gas pipeline carrier or its affiliated interests, or prepared or kept for it by others, which relate to any contract or transaction between them. The commission may require an oil or gas pipeline carrier or its affiliated interest to file with the commission copies of any or all of these accounts, records, books, maps, inventories, appraisals, valuations, or other reports and documents, or to maintain those materials at some convenient location in the state specified by order. Costs incurred in complying with a commission request to review the records referred to in this section or to maintain these records in such a manner as to make them conveniently available for the commission's review shall be borne by the party controlling the records.

(b) Subject to AS 31.05.035 (c), when participating as a party under AS 42.04.070 (c) or AS 44.23.020 (e), the attorney general shall, at all reasonable times, have the right to reasonable access to, and may designate any of the attorney general's employees, agents, or consultants to inspect and examine, the accounts, records, books, maps, inventories, appraisals, valuations, or other reports and documents kept by an oil or gas pipeline carrier that are relevant to the issues presented in any adjudicatory matter before the commission in which the attorney general has appeared as a party under AS 42.04.070 (c) or AS 44.23.020 (e). This access is subject to reasonable notice to all parties with an opportunity to object before the commission. Included under this subsection is access to records or other documents under the custody or control of an affiliated interest of the pipeline carrier that relate to any contract or transaction between the public utility and the affiliated interest. Costs incurred in complying with a request to review the records referred to in this subsection or to maintain those records in such a manner as to make them conveniently available for review shall be borne by the party controlling the records.
Alaska Stat. § 42.04.080 — AK Code / Title 42 / Chapter 42.04 / Section 42.04.080
Decision-making procedures.
Status: in_force

(a) Except as provided in AS 42.05.171 or AS 42.06.140 , when a matter comes for decision before the commission under AS 42.05 , AS 42.06 , or AS 42.08 , the chair shall appoint a hearing panel composed of three or more members to hear, or if a hearing is not required, to otherwise consider, and decide the case. The panel shall exercise the powers of the commission with respect to the matter.

(b) The commission shall adopt regulations that establish standards of timeliness for the types of cases that come before the commission. The commission shall establish standards based in part on degrees of complexity of the cases.
Alaska Stat. § 42.45.280 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.280
Bulk fuel loan and bulk fuel bridge loan interest rates.
Status: in_force

(a) Except as provided under (b) and (c) of this section, interest shall be charged on a bulk fuel loan and bulk fuel bridge loan at a base rate of four percent.

(b) The division may establish by regulation a program to reduce the interest rate on the second and subsequent bulk fuel loans obtained by a borrower. In evaluating a potential interest rate reduction, the division shall consider the borrower's repayment history and any other criteria that may be established by regulation. The division may by regulation reduce the interest rate on a bulk fuel loan made by the division by one percent for a borrower who has had at least one previous bulk fuel loan made by the division or by two percent for a borrower who has had two or more previous bulk fuel loans made by the division. The division shall make findings if an application for an interest rate reduction is denied.

(c) For the first time a borrower receives a bulk fuel bridge loan, the interest rate shall be zero percent. For all loans made after the first bulk fuel bridge loan to a borrower, the interest rate shall be set according to the procedure described in (a) of this section.
Alaska Stat. § 42.45.120 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.120
Notice to customers.
Status: in_force

If an electric utility receives power cost equalization under AS 42.45.100  42.45.150, the utility shall either give to its electric service customers eligible under this program, for each period for which the payment is received, (1) the following notice:

NOTICE TO CUSTOMERFor the most recent monthly reporting period under the State of Alaska's power cost equalization program, this utility's actual fuel efficiency for your community was __________________________________ kilowatt-hours a gallon. The applicable fuel efficiency standard set out in regulations for the power cost equalization program is __________________________________ kilowatt-hours a gallon.For the current billing period, the utility will be paid under the State of Alaska's power cost equalization program ( AS 42.45.100 ) to assist the utility and its customers in reducing the high cost of generation of electric energy.Your total electrical service cost $..........Less state equalization $..........Your charge $..........; or (2) a notice approved by the authority that provides electric service customers the same information provided by the notice in (1) of this section.
Alaska Stat. § 42.05.790 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.790
Definitions.
Status: in_force

In AS 42.05.760  42.05.790, (1) cybersecurity incident means a malicious act or suspicious event that disrupts or attempts to disrupt the security of data or the operation of programmable electronic devices and communication networks, including hardware and software that are essential to the reliable operation of the interconnected electric energy transmission network;

(2) electric reliability organization means an organization that is certificated by the commission under AS 42.05.760 ;

(3) electric utility means a public utility that provides electricity service;

(4) interconnected bulk-electric system means an interconnected electric energy transmission network that includes two or more load-serving entities, at least one of which is subject to the provisions of AS 42.05.291 ;

(5) interconnected electric energy transmission network means a network of interconnected electrical generation resources, transmission lines, interconnections, and associated equipment operated at voltages of 69 kilovolts or more, operating in a geographic area that are synchronized so that the failure of one or more of the components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within the control of the operators;

(6) load-serving entity means an electric utility that has a service obligation to distribute power to more than 10 customers that receive invoices directly from the entity;

(7) reliable operation means operating the elements of the interconnected electric energy transmission network within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of the system will not occur as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system elements.

Article 12. Competitive Intrastate Long Distance Telephone Service.
Alaska Stat. § 42.40.660 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.660
Validity of signatures.
Status: in_force

If an officer of the corporation whose signature or a facsimile of whose signature appears on bonds or coupons attached to them ceases to be an officer before the delivery of the bond or coupon, the signature or facsimile is valid the same as if the person had remained in office until delivery.
Alaska Stat. § 42.40.650 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.650
Independent financial advisor.
Status: in_force

In negotiating the private or public sale of bonds to an underwriter, the board shall retain a financial advisor who is independent from the underwriter.
Alaska Stat. § 42.05.756 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.756
Definitions.
Status: in_force

In AS 42.05.750  42.05.756, (1) energy conservation system includes a fuel-switching system; in this paragraph, fuel-switching means the replacement of existing fuel-consuming equipment using a particular fuel with equipment that uses another fuel that does not increase greenhouse gas emissions and that (A) is more fuel efficient; or

(B) results in lower fuel expenses;

(2) meter conservation charge means a charge placed on a customer's utility bill by a utility to recover costs under an on-bill financing agreement;

(3) on-bill financing agreement means an agreement entered into under AS 42.05.750 .

Article 11. Electric Reliability Organizations, Plans, and Standards.
Alaska Stat. § 42.20.140 — AK Code / Title 42 / Chapter 42.20 / Section 42.20.140
Publication in telephone directory.
Status: in_force

Every telephone directory published for distribution to the members of the general public must contain a notice that explains AS 42.20.120  42.20.150. The notice must be printed in type that is no smaller than any other type on the same page and must be preceded by the word warning. This section does not apply to directories distributed solely for business advertising purposes, commonly known as classified directories.
Alaska Stat. § 42.40.540 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.540
Appropriations.
Status: in_force

The corporation may request, with the concurrence of the governor, a direct appropriation or grant from the legislature to assist in carrying out the provisions of this chapter.
Alaska Stat. § 42.45.065 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.065
Reimbursement for costs of power projects.
Status: in_force

(a) Subject to appropriations for the purpose, during each fiscal year, the authority shall allocate to each entity listed in (b) of this section an amount to reimburse the cost paid by the entity during the immediately preceding fiscal year for the principal and interest on outstanding debt for the project listed. An allocation may be made to an entity only if (1) the debt was incurred before July 1, 2005; and

(2) the power project financed with the debt proceeds is owned and operated by the entity.

(b) The authority may make an allocation to an entity under (a) of this section only for reimbursement of costs incurred for construction and renovation of the following power projects and only for reimbursement of total project costs incurred up to the following amounts:

PROJECT Kodiak Electric Association, Inc. (Nyman Combined $ 6,000,000 Cycle Cogeneration Plant) Cordova Electric Cooperative (Power Creek Hydropower 12,000,000 Station) Golden Valley Electric Association (Rock Creek line 700,000 extension) Copper Valley Electric Association, Inc., Valdez 10,000,000 (cogeneration projects) The Four Dam Pool Power Agency (Southeast Intertie, 20,000,000 Swan Lake to Tyee Lake) Metlakatla Power and Light (utility plant and capital 3,000,000 additions)

Article 2. Power Cost Equalization Endowment Fund.
Alaska Stat. § 42.40.390 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.390
Land use rules.
Status: in_force

The board may adopt exclusive rules governing land use by parties having interests in or permits for land owned or managed by the corporation. The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions.
Alaska Stat. § 42.45.040 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.040
Southeast energy fund.
Status: in_force

(a) The Southeast energy fund is established as a separate fund. The fund consists of (1) money appropriated to the fund by the legislature;

(2) money transferred to it under former AS 42.45.050 ;

(3) gifts, bequests, contributions from other sources, and federal money;

(4) interest earned on the fund balance; and

(5) investments, to be managed by the Department of Revenue, which shall be the fiduciary of the fund under AS 37.10.071 .

(b) The fund is not a dedicated fund.

(c) The authority may make grants from the Southeast energy fund to a municipality of the state, a joint action agency established under AS 42.45.300 and 42.45.310, a member-owned electric cooperative established under AS 10.25 , or another electric utility holding a certificate of public convenience and necessity under AS 42.05 for power projects, repayment of loans, and payments on bonds for hydroelectric projects and electrical transmission lines or interties serving Southeast Alaska that are entirely owned by the grantee.

(d) An appropriation from the fund for a project described in (c) of this section lapses back into the fund if substantial, ongoing work on the project has not begun within seven years after the effective date of the appropriation.
Alaska Stat. § 42.06.260 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.260
Public hearings.
Status: in_force

At least 30 days before issuing a certificate of convenience and necessity, the commission shall hold a public hearing on the application. Copies of the completed application shall be made available to the public at least 10 days before the public hearing date. A transcript of the public hearing shall be included in the permanent record of agency action on that application, and copies of the public hearing transcripts shall be available to the public. The commission may, without notice of hearing and pending the determination of an application for a certificate, issue a temporary certificate in cases of emergency, to assure maintenance of adequate service or to serve particular customers, and may by regulation exempt from the requirements of this section temporary acts or operations for which the issuance of a certificate will not be required in the public interest.
Alaska Stat. § 42.40.620 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.620
Bonds eligible for investment.
Status: in_force

Bonds issued under this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. These bonds may be deposited with a state or municipal officer of an agency or political subdivision of the state for any purpose for which the deposit of bonds of the state is authorized by law.
Alaska Stat. § 42.04.100 — AK Code / Title 42 / Chapter 42.04 / Section 42.04.100
Communications carriers section.
Status: in_force

There is established within the commission a communications carriers section that shall develop, recommend, and administer policies and programs with respect to the regulation of rates, services, accounting, and facilities of communications common carriers within the state involving the use of wire, cable, radio, and space satellites.
Alaska Stat. § 42.06.470 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.470
Effect of regulations.
Status: in_force

Regulations adopted by the commission under this chapter have the effect of law.
Alaska Stat. § 42.40.050 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.050
Compensation and expenses.
Status: in_force

(a) An appointed member of the board is entitled to compensation at a rate of $400 for each day the member is engaged in the actual performance of duties as a member of the board. The board may provide by rule for compensation for partial days during which an appointed member is engaged in actual performance of duties as a member of the board.

(b) In addition to compensation under (a) of this section, an appointed member of the board is entitled to per diem and travel expenses authorized by law for state boards and commissions.
Alaska Stat. § 42.40.350 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.350
Land.
Status: in_force

(a) The corporation shall receive from the United States and, in its own name, take title to all rail property transferred under 45 U.S.C. 1201  1214 (Alaska Railroad Transfer Act of 1982), except that the corporation does not have authority over any right, title, or interest in property transferred under this subsection that was not vested in the United States at the time of transfer. All land that is transferred or acquired by the corporation is designated as follows: (1) railroad rights-of-way are railroad utility corridors;

(2) land outside railroad utility corridors is rail land.

(b) Railroad utility corridors shall be of a width at least 100 feet on both sides of the centerline of the extended main or branch line, unless the corporation does not own or control sufficient land to allow a corridor of that width. Railroad utility corridors may be surveyed by the metes and bounds method. The corporation may not convey its entire interest in land within a utility corridor except as provided in AS 42.40.285 , 42.40.370(d) and 42.40.400. However, the corporation may lease, subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or otherwise authorize use of portions of a utility corridor for transportation, communication, and transmission purposes and support functions associated with those purposes, and for commercial and other uses authorized under this chapter if the use does not restrict other parallel uses of the utility corridor.

(c) The corporation may lease, subject to AS 42.40.285 and (d) of this section, grant easements in or permits for, or otherwise authorize use of portions of rail land. However, the corporation may not convey its entire interest in rail land except as provided in AS 42.40.285 , 42.40.352, 42.40.370(d), and 42.40.400.

(d) A lease or disposal of land approved by the legislature under AS 42.40.285 by the corporation to a party other than the state shall be made at fair market value as determined by a qualified appraiser or by competitive bid.
Alaska Stat. § 42.30.100 — AK Code / Title 42 / Chapter 42.30 / Section 42.30.100
Transportation of motor fuel not prohibited.
Status: in_force

Nothing in AS 42.30.060  42.30.090 prohibits the transportation of gasoline or petroleum products on a motorboat or vessel for use as a source of motive power on the motorboat or vessel.
Alaska Stat. § 42.45.100 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.100
Power cost equalization and rural electric capitalization fund.
Status: in_force

(a) The power cost equalization and rural electric capitalization fund is established as a separate fund for the purpose of (1) equalizing power cost per kilowatt-hour statewide at a cost close to or equal to the mean of the cost per kilowatt-hour in Anchorage, Fairbanks, and Juneau by paying money from the fund to eligible electric utilities in the state; and

(2) making grants to eligible utilities under AS 42.45.180 to improve the performance of the utility.

(b) The fund shall be administered by the authority as a fund distinct from the other funds of the authority. The fund is composed of (1) money appropriated to provide power cost equalization to eligible electric utilities and to provide grants for utility improvements;

(2) money appropriated from the National Petroleum Reserve  Alaska special revenue fund under AS 37.05.530 (g);

(3) money appropriated from the power cost equalization endowment fund ( AS 42.45.070 ) under AS 42.45.085 (a);

(4) gifts, bequests, contributions from other sources, and federal money; and

(5) interest earned on the fund balance.

(c) The fund is not a dedicated fund.
Alaska Stat. § 42.40.100 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.100
Management by the board.
Status: in_force

The board is responsible for the management of the corporation but shall delegate certain powers and duties to the chief executive officer in accordance with AS 42.40.120 . In managing the corporation, the board shall (1) be responsible for the management of the financial and legal obligations of the Alaska Railroad;

(2) operate the Alaska Railroad as a common carrier subject to the jurisdiction of the United States Surface Transportation Board consistent with 45 U.S.C. 1207;

(3) generally manage the corporation on a self-sustaining basis;

(4) apply to the legislature for an appropriation with the concurrence of the governor to be used to provide a particular service that is not otherwise self-sustaining if a subsidy is required to maintain that service;

(5) provide for safe, efficient, and economical transportation to meet the overall needs of the state;

(6) raise needed capital by issuing bonds of the corporation upon approval by the legislature while ensuring that borrowing by the corporation does not directly or indirectly endanger the state's own borrowing capacity;

(7) review all state and other land disposal proposals to aid in planning for future development or expansion of transportation services;

(8) ensure that the procurement procedures of the corporation meet accepted railroad industry standards;

(9) ensure that the accounting procedures of the corporation meet generally accepted accounting principles consistent with industry standards for comparable railroads.
Alaska Stat. § 42.40.940 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.940
Sale or lease of the railroad.
Status: in_force

(a) The governor may provide for the sale or lease of the Alaska Railroad and dissolve the corporation if (1) it can be assured that the railroad will continue to operate after the sale or lease; and

(2) under the terms of the sale or lease, the state will receive the amount of money it has spent in connection with the Alaska Railroad.

(b) A sale under this section is subject to approval by law.
Alaska Stat. § 42.05.141 — AK Code / Title 42 / Chapter 42.05 / Section 42.05.141
General powers and duties of the commission.
Status: in_force

(a) The Regulatory Commission of Alaska may do all things necessary or proper to carry out the purposes and exercise the powers expressly granted or reasonably implied in this chapter, including (1) regulate every public utility engaged or proposing to engage in a utility business inside the state, except to the extent exempted by AS 42.05.711 ;

(2) investigate, upon complaint or upon its own motion, the rates, classifications, rules, regulations, practices, services, and facilities of a public utility and hold hearings on them;

(3) make or require just, fair, and reasonable rates, classifications, regulations, practices, services, and facilities for a public utility;

(4) prescribe the system of accounts and regulate the service and safety of operations of a public utility;

(5) require a public utility to file reports and other information and data;

(6) appear personally or by counsel and represent the interests and welfare of the state in all matters and proceedings involving a public utility pending before an officer, department, board, commission, or court of the state or of another state or the United States and to intervene in, protest, resist, or advocate the granting, denial, or modification of any petition, application, complaint, or other proceeding;

(7) examine witnesses and offer evidence in any proceeding affecting the state and initiate or participate in judicial proceedings to the extent necessary to protect and promote the interests of the state.

(b) The commission shall perform the duties assigned to it under AS 42.45.100  42.45.190 and AS 44.83.700  44.83.720.

(c) In the establishment of electric service rates under this chapter the commission shall promote the conservation of resources used in the generation of electric energy.

(d) When considering whether the approval of a rate or a gas supply contract proposed by a utility to provide a reliable supply of gas for a reasonable price is in the public interest, the commission shall (1) recognize the public benefits of allowing a utility to negotiate different pricing mechanisms with different gas suppliers and to maintain a diversified portfolio of gas supply contracts to protect customers from the risks of inadequate supply or excessive cost that may arise from a single pricing mechanism; and

(2) consider whether a utility could meet its responsibility to the public in a timely manner and without undue risk to the public if the commission fails to approve a rate or a gas supply contract proposed by the utility.

(e) The commission may not designate a local exchange carrier or long distance telephone company as the carrier of last resort. In this subsection, local exchange carrier and long distance telephone company have the meanings given in AS 42.05.890 .

(f) The commission may designate an eligible telecommunications carrier consistent with 47 U.S.C. 214(e).

(g) Nothing in this chapter limits the authority of the commission under this section or AS 42.05.151 necessary to implement provisions that remain applicable under AS 42.05.321 (b) or 42.05.711.

(h) The commission shall, as required under AS 44.88.850 (b), determine whether the sale price in a gas sales agreement for gas produced through a project partially or fully funded by a loan under AS 44.88.850 constitutes a just and reasonable immediate delivery price for gas.

(i) Except as provided in AS 42.05.711 (q) and (s), the commission shall regulate under this chapter the service of natural gas storage and the service of liquefied natural gas storage, including storage furnished by operating a natural gas storage facility that is part of a pipeline facility operated by a pipeline carrier, or a natural gas pipeline facility operated by a natural gas pipeline carrier. In this subsection, natural gas pipeline carrier, natural gas pipeline facility, pipeline carrier, and pipeline facility have the meanings given in AS 42.06.630 .
Alaska Stat. § 42.40.810 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.810
Power to investigate and compel testimony.
Status: in_force

(a) For the purpose of the investigations, proceedings, or hearings that the railroad labor relations agency considers necessary to carry out AS 42.40.710  42.40.890, the railroad labor relations agency may issue subpoenas requiring the attendance and testimony of witnesses and the production of relevant evidence.

(b) The railroad labor relations agency may administer oaths, examine witnesses, and receive evidence.

(c) The attendance of witnesses and the production of evidence may be required from any place in the state at any designated place of hearing.

(d) If a person refuses to obey a subpoena issued under AS 42.40.710  42.40.890, the superior court in the district in which the person resides or is found may, upon application by the railroad labor relations agency, issue an order requiring the person to comply with the subpoena.
Alaska Stat. § 42.40.770 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.770
Investigation and conciliation of complaints.
Status: in_force

If a verified written complaint by or for a person claiming to be aggrieved by a practice prohibited by AS 42.40.760 or a written accusation that a person subject to AS 42.40.710  42.40.890 has engaged in a prohibited practice, is filed with the railroad labor relations agency, it shall investigate the complaint or accusation. If it determines after a preliminary investigation that probable cause exists in support of the complaint or accusation, it shall try to eliminate the prohibited practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during this endeavor may be used as evidence in a subsequent proceeding.
Alaska Stat. § 42.40.120 — AK Code / Title 42 / Chapter 42.40 / Section 42.40.120
Delegation.
Status: in_force

(a) The board shall by rule delegate to the chief executive officer powers and duties necessary or appropriate for the management of the daily affairs and operations of the corporation. The board may by rule require the exercise of a delegated power or duty to be subject to board approval.

(b) Within 60 days after its first meeting, the board shall delegate the following activities of the corporation to the chief executive officer or other executive officers designated by the board: (1) leasing subject to AS 42.40.285 and 42.40.350(b) and (d), granting easements in, issuing permits for the use of, or conveying other interests in property that do not constitute a transfer of the corporation's entire interest in land;

(2) establishing specific rates, tariffs, divisions, and contract rate agreements;

(3) making routine changes in service levels;

(4) establishing procurement and accounting procedures for the corporation; and

(5) performing procurement activities.

(c) Notwithstanding (a) and (b) of this section, specific board approval is required for the following: (1) issuing bonds upon approval by the legislature;

(2) mortgaging or pledging corporation assets;

(3) donating property or other assets belonging to the corporation;

(4) acting as a surety or guarantor;

(5) adopting a long-range capital improvement and program plan;

(6) adopting annual reports;

(7) effecting general, comprehensive increases and decreases in rates;

(8) expanding or reducing services in a major way;

(9) expanding the main or branch rail lines including spur, industrial, team, switching, or side tracks, other than performing routine track alignment as necessary to maintain existing service levels;

(10) selecting independent auditors and accountants;

(11) entering into collective bargaining agreements;

(12) adopting annual budgets;

(13) beginning a capital project with an estimated completion cost of more than $500,000 or an estimated completion time of more than one year;

(14) exchanging, donating, selling, or otherwise conveying its entire interest in land subject to approval by the legislature;

(15) exercising the power of eminent domain.

Article 3. Administrative Provisions.
Alaska Stat. § 42.45.140 — AK Code / Title 42 / Chapter 42.45 / Section 42.45.140
Customer petitions.
Status: in_force

If the authority receives a petition requesting power cost equalization, signed by at least 25 percent of the customers of an electric utility that is subject to rate regulation under AS 42.05 and that has not applied for power cost equalization under AS 42.45.100  42.45.150, the authority shall require the utility to submit a power cost equalization application. Upon a determination of eligibility for power cost equalization, the utility, as a part of its service, shall receive power cost equalization and pass power cost equalization benefits to its customers under AS 42.45.100  42.45.150.
Alaska Stat. § 42.06.290 — AK Code / Title 42 / Chapter 42.06 / Section 42.06.290
Abandonment; discontinuance, and suspension of service.
Status: in_force

(a) A pipeline carrier may not abandon or permanently discontinue use of all or any portion of a pipeline or abandon or discontinue any service rendered by means of a pipeline that is the subject of a certificate of convenience and necessity, without the permission and approval of the commission, after due notice and hearing, and a finding by the commission that continued service is not required by public convenience and necessity. Any interested person may file with the commission a protest or memorandum of opposition to or in support of discontinuance or abandonment. The commission may authorize temporary suspension of a service or of part of a service.

(b) Upon complaint or upon its own motion, the commission may reinvestigate a previously authorized discontinuance, abandonment, or suspension of a service described in (a) of this section. If, after due notice and hearing, the commission finds that the public convenience and necessity requires the service to be resumed, and that there has not been detrimental reliance on the previous authorization, it may order the operator or owner of the oil or gas pipeline facility to again provide the service.
Alaska Stat. § 42.30.410 — AK Code / Title 42 / Chapter 42.30 / Section 42.30.410
Operator's response to request to locate; immunity related to unmarked or inaccurately marked facilities.
Status: in_force

(a) An underground facility operator shall accept requests to locate underground facilities during the operator's regular business hours. An operator who receives a request to locate shall maintain for at least one year an accurate record of the request and responses to the request.

(b) When an underground facility operator receives a request to locate, it shall notify the excavator of the location of the underground facilities that the operator is able to field mark with reasonable accuracy and field mark those facilities. If the operator owns, uses, or operates an underground facility that is identified as being in the area of the proposed excavation but that the operator cannot field mark with reasonable accuracy, the operator shall provide the excavator with the best information available to the operator about its location and shall provide on-site assistance until the facility is located or until the excavator no longer needs assistance in locating that facility.

(c) The field marks for an underground facility buried 10 feet deep or less must be located within 24 horizontal inches of the outside dimensions of the facility. For a facility buried deeper than 10 feet, the operator shall locate the field marks within 30 horizontal inches of the outside dimensions of the facility. The operator shall use stakes, paint, or other clearly identifiable material to show the field location of the underground facility. The marker used to designate the approximate location of an underground facility must follow the current color code standard used by the American Public Works Association.

(d) Except for an underground facility in a remote, unstaffed, or inaccessible location, an underground facility operator shall respond to a request to locate promptly. A response is considered to be prompt if it is made within two working days after the operator receives the request or at a later time so long as the response occurs before the beginning of the excavation. For an underground facility in an accessible remote or unstaffed location, the operator shall respond within 10 working days after the operator receives the request or at a later time so long as the response occurs before the beginning of excavation.

(e) After an operator has field marked an underground facility, the excavator is responsible for maintaining the markings.

(f) An excavator may not begin to excavate until each underground facility has been field marked.

(g) When an operator has field marked an underground facility once at the request of an excavator, the operator has the right to receive compensation from the excavator for costs incurred in responding to subsequent requests to locate the same underground facility during the same excavation project if the excavator failed to maintain the original marking.

(h) If an excavator discovers an underground facility that was not field marked or was inaccurately field marked, the excavator shall immediately stop excavating in the vicinity of the facility and shall notify the operator of the discovery. The excavator may notify the operator by means of a notification center. The operator shall treat the notification as a request to locate in an emergency and shall respond accordingly. An excavator may not be held liable for inadvertent damage caused to an unmarked or an inaccurately marked underground facility.

(i) Unless the request to locate is made in response to an emergency, an underground facility operator has the right to receive compensation for costs incurred in responding to a request to locate that gives the operator less notice than the minimum notice required by this section. This subsection may not be interpreted to require the operator to respond to the request to locate within the time requested in the notice.