AK Stat § 42.05.765 (2021)
2021 Alaska Statutes|Title 42. Public Utilities and Carriers and Energy Programs|Chapter 05. Alaska Public Utilities Regulatory Act|Article 10. Electric Reliability Organizations, Plans, and Standards.|Sec. 42.05.765. Reliability standards.

(a) An electric reliability organization shall file each reliability standard or modification to a reliability standard with the commission as a new or revised tariff provision. All users, owners, and operators of an interconnected electric energy transmission network served by an electric reliability organization, including a user, owner, or operator that is exempt from other regulation under AS 42.05.711 or another provision of this chapter, shall comply with reliability standards contained in a tariff that is approved by the commission. The commission may enforce a reliability standard approved under this section. A reliability standard approved under this section (1) shall provide for the reliable operation of the interconnected electric energy transmission network or of an interconnected electric energy transmission network facility; (2) may provide for (A) protection from a cybersecurity incident; (B) facility security; (C) additions or modifications to an interconnected bulk-electric system facility to the extent necessary to provide for reliable operation of the interconnected electric energy transmission network; (3) may result in, but may not be designed for the purpose of, requiring enlargement of interconnected bulk-electric system facilities or construction of new transmission capacity or generation capacity. (b) The commission may, after public notice, approve a proposed reliability standard or modification to a reliability standard submitted by an electric reliability organization. The commission shall determine whether the proposed standard or modification is just, reasonable, not unduly discriminatory or preferential, and in the public interest before approving the standard or modification. If, after public notice and a hearing, the commission determines that a proposed reliability standard or modification to a reliability standard submitted by an electric reliability organization should be changed, the commission shall return the standard to the electric reliability organization for timely modification and resubmission, consistent with the commission's order. The commission may modify a resubmitted standard if the commission determines that the standard is inconsistent with the commission's order or the public interest. A standard approved under this subsection satisfies the requirements of AS 42.05.291(c). (c) The commission may, on its own motion or upon complaint, order an electric reliability organization to submit to the commission a proposed reliability standard or modification to a reliability standard that addresses a specific matter. (d) If a reliability standard adopted under this section conflicts with a function, rule, tariff, rate schedule, or agreement that has also been accepted, approved, adopted, or ordered by the commission, a user, owner, or operator shall comply with the function, rule, tariff, rate schedule, or agreement until the conflict is resolved by the commission. (e) If, as a condition of a contract with the United States Department of Defense, a user, owner, or operator is subject to a federal standard, rule, or function that conflicts with a reliability standard adopted under this section, the user, owner, or operator shall comply with the federal standard, rule, or function until the conflict is resolved by the commission. The commission may not resolve the conflict in a manner that prevents the user, owner, or operator from fulfilling the contract with the United States Department of Defense. (f) The commission may direct an electric reliability organization to conduct assessments of the reliability and adequacy of the interconnected electric energy transmission network.