reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.05.221. Certificates required.

(a) A public utility may not operate and receive compensation for providing a commodity or service without first having obtained from the commission under this chapter a certificate declaring that public convenience and necessity require or will require the service. Where a public utility provides more than one type of utility service, a separate certificate of convenience and necessity is required for each type. A certificate must describe the nature and extent of the authority granted in it, including, as appropriate for the services involved, a description of the authorized area and scope of operations of the public utility.
(b) All certificates of convenience and necessity issued to a public utility before July 1, 1970, remain in effect but they are subject to modification where there are areas of conflict with public utilities that have not previously been required to have a certificate or where there is a substantial change in circumstances.
(c) A certificate shall be issued to a public utility that was not required to have one before July 1, 1970, and that is required to have one after that date, if it appears to the commission that the utility was actually operating in good faith on that date. Such a certificate is subject to modification where there are areas of conflict with other public utilities or where there has been a substantial change in circumstances.
(d) In an area where the commission determines that two or more public utilities are competing to furnish identical utility service and that this competition is not in the public interest, the commission shall take appropriate action to eliminate the competition and any undesirable duplication of facilities. This appropriate action may include, but is not limited to, ordering the competing utilities to enter into a contract that, among other things, would:
(1) delineate the service area boundaries of each in those areas of competition;
(2) eliminate existing duplication and paralleling to the fullest reasonable extent;
(3) preclude future duplication and paralleling;
(4) provide for the exchange of customers and facilities for the purposes of providing better public service and of eliminating duplication and paralleling; and
(5) provide such other mutually equitable arrangements as would be in the public interest.
(e) If the commission employs professional consultants to assist it in administering this section, it may apportion the expenses relating to their employment among the competing utilities.
(f) [Repealed, § 12 ch 136 SLA 1980.]
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.05.241. Conditions of issuance.

A certificate may not be issued unless the commission finds that the applicant is fit, willing, and able to provide the utility services applied for and that the services are required for the convenience and necessity of the public. The commission may issue a certificate granting an application in whole or in part and attach to the grant of it the terms and conditions it considers necessary to protect and promote the public interest including the condition that the applicant may or shall serve an area or provide a necessary service not contemplated by the applicant. The commission may, for good cause, deny an application with or without prejudice.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.05.251. Use of municipal public ways.

Public utilities have the right to a permit to use public streets, alleys, and other public ways of a municipality upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions the municipality requires. The fee may not exceed the actual cost to the municipality of the utility's use of the public way and of administering the permit program. A dispute as to whether fees, terms, conditions, or exceptions are reasonable shall be decided by the commission. The commission may require a utility to add the amount of any permit fee paid as a pro rata surcharge to its bills for service rendered at locations within the boundaries of any municipality that requires payment of a permit fee.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.05.261. Discontinuance, suspension, or abandonment of certificated service.

(a) Except as otherwise provided in this section, a public utility may not discontinue or abandon a service for which a certificate has been issued by the commission unless upon the application of the public utility and if, after notice and opportunity for hearing, the commission finds that the 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 of an operating public utility. If, after providing notice and an opportunity for a hearing, the commission finds that the public convenience and necessity require the service to be resumed, it may order the public utility to again provide the service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.05.271. Modification, suspension, or revocation of certificates.

Upon complaint or upon its own motion the commission, after notice and opportunity for hearing and for good cause shown, may amend, modify, suspend, or revoke a certificate, in whole or in part. Good cause for amendment, modification, suspension, or revocation of a certificate includes
(1) the requirements of public convenience and necessity;
(2) misrepresentation of a material fact in obtaining the certificate;
(3) unauthorized discontinuance or abandonment of all or part of a public utility's service;
(4) wilful failure to comply with the provisions of this chapter or the regulations or orders of the commission; or
(5) wilful failure to comply with a term, condition, or limitation of the certificate.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.291. Standards of service and facilities.

(a) Each public utility shall furnish and maintain adequate, efficient, and safe service and facilities. This service shall be reasonably continuous and without unreasonable interruption or delay.
(b) Subject to the provisions of this chapter and the regulations or orders of the commission, a public utility may establish reasonable rules and regulations governing the conditions under which it will render service.
(c) The commission may upon its own motion or upon complaint, after providing reasonable notice and opportunity for hearing, adopt as to service and facilities, including the crossing of facilities, just and reasonable standards, classifications, regulations, and practices to be furnished, imposed, observed, and followed by public utilities; adopt adequate and reasonable standards for the measurement of quantity, quality, pressure, initial voltage, or other conditions pertaining to the supply of the service of public utilities; adopt reasonable regulations for the examination and testing of the service, and for the measurement of it; adopt or approve reasonable regulations, specifications, and standards to secure the accuracy of meters and appliances for measurement; and provide for the examination and testing of appliances used for the measurement of a service of a public utility. In doing so, the commission shall conform to the standard practices of the industry.
(d) If the commission upon its own motion or upon complaint, after providing reasonable notice and opportunity for hearing, finds that the service or facilities of a public utility are unreasonable, unsafe, inadequate, insufficient, or unreasonably discriminatory, or otherwise in violation of this chapter, the commission shall prescribe, by regulation or order, the reasonable, safe, adequate, sufficient service or facilities to be observed, furnished, enforced, or employed, including all repairs, changes, alterations, extensions, substitutions, or improvements in facilities that are reasonably necessary and proper for the safety, accommodation, and convenience of the public.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.296. Telecommunications services for certain disabled subscribers.

(a) The commission shall adopt regulations to require telecommunications utilities to provide service to subscribers who are deaf, hard of hearing, and speech disabled that permits the subscriber to communicate by one or more telecommunications devices with persons of normal hearing and that makes available reasonable access of all phases of public telecommunications service to subscribers of telecommunications services who are deaf, hard of hearing, and speech disabled. The regulations must provide for cost recovery through surcharges added to the rate for each telecommunications service. The commission shall hold hearings to determine the most cost-effective method of providing this service.
(b) A telecommunications service subscriber is eligible for the service required by (a) of this section if the subscriber is a person who is certified as deaf, hard of hearing, or speech disabled by a licensed physician, a speech-language pathologist licensed under AS 08.11, an audiologist, or the Department of Health or if the subscriber is an organization that represents or has a principal purpose to provide services to persons who are deaf, hard of hearing, or speech disabled as determined by the commission.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.301. Discrimination in service.

Except as provided in AS 42.05.306, a public utility may not, as to service, make or grant an unreasonable preference or advantage to any person or subject any person to an unreasonable prejudice or disadvantage. A public utility may not establish or maintain or provide an unreasonable difference as to service, either as between localities or as between classes of service, but nothing in this section prohibits the establishment of reasonable classifications of service or requires unreasonable investment in facilities.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.306. Discounted service and reduced rate.

A public utility may provide a discounted service or a reduced rate for essential local exchange telecommunication services to individuals who receive benefits from a means test social services assistance program administered by the state or federal government. The commission may not require a utility to provide a discounted service or reduced rate or to incur uncompensated costs or administrative burdens for services provided under this section.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.311. Joint use and interconnection of facilities.

(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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.321. Failure to agree upon joint use or interconnection.

(a) In case of failure to agree upon the joint use or interconnection of facilities or the conditions or compensation for joint use or interconnections, the public utility, including any municipality, or an interested person may apply to the commission for an order requiring the interconnection. If, after investigation and opportunity for hearing, the commission finds that public convenience and necessity require the joint use or connection, and that the use or connection will not result in substantial injury to the owner utility or its customers, or in substantial detriment to the services furnished by the owner utility, or in the creation of safety hazards, it shall
(1) order that the use be permitted;
(2) prescribe reasonable conditions and compensation for the joint use;
(3) order the interconnection to be made;
(4) determine the time and manner of the interconnection;
(5) determine the apportionment of costs and responsibility for operation and maintenance of the interconnection.
(b) This section and AS 42.05.311 apply to all utilities whether or not they are exempt from other regulation under AS 42.05.711.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.331. Standards for measurement.

The commission shall establish by regulation adequate, fair, and realistic standards for the measurement of quality, pressure, voltage, or other conditions of utility services and shall prescribe reasonable regulations for examination and testing of the service and the accuracy of the devices used to measure it.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.341. Testing of meter standards.

The commission shall provide by regulation for the periodic testing and certification of meter standards by laboratories acceptable to the commission. The commission shall also provide by regulation for the taking of appeals to the commission from the findings of a utility that tests its own meters or appliances for measurement.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 3. Services and Facilities. › Sec. 42.05.351. Testing of appliances.

The commission shall provide for the examination and testing of appliances used for the measuring of a service of a public utility and may purchase equipment, apparatus, and standards required for this purpose. The commissioner of transportation and public facilities may assign the examination and testing function to appropriate staff of the Department of Transportation and Public Facilities under AS 45.75. Upon the payment of a reasonable fee established by the commission, a consumer may have an appliance that is used by the consumer tested. The commission shall establish by regulation allowable tolerances with respect to the functioning or operation of the appliance. If the measuring appliance does not perform within these tolerances, the utility concerned shall pay the costs of the test by reimbursing the person requesting the test for the fee paid by that person. This reimbursement shall be made no later than at the time of the next regular billing following the test.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.361. Tariffs, contracts, filing, and public inspection.

(a) Under regulations the commission shall adopt, every public utility shall file with the commission, within the time and in the form the commission designates, its complete tariff showing all rates, including joint rates, tolls, rentals, and charges collected and all classifications, rules, regulations, and terms and conditions under which it furnishes its services and facilities to the general public, or to a regulated or municipally owned utility for resale to the public, together with a copy of every special contract with customers which in any way affects or relates to the serving utility's rates, tolls, charges, rentals, classifications, services, or facilities. The public utility shall clearly print, or type, its complete tariff and keep an up-to-date copy of it on file at its principal business office and at a designated place in each community served. The tariffs shall be made available to, and subject to inspection by, the general public on demand.
(b) The tariffs of a public utility which are also subject to the jurisdiction of a federal regulatory body shall correspond, so far as practicable, to the form of those prescribed by the federal regulatory body.
(c) The commission may reject the filing of all or part of a tariff that does not comply with the form or filing regulations of the commission. A tariff or provision so rejected is void. If the commission rejects a filing, it shall issue a statement of the reasons for the rejection. Unless the utility and the commission agree to an extension of time, the commission may not reject a filing under this subsection after 45 days have elapsed from the date of filing.
(d) The commission may require a telecommunications carrier to make tariff filings related to telecommunications services provided to inmates in the custody of the Department of Corrections. Notwithstanding (a) - (c) of this section, the commission may not require a telecommunications carrier to make other tariff filings.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.365. Interest on deposits.

(a) A public utility may collect and retain a deposit for contracted recurring monthly service. A public utility that collects and retains a deposit of over $100 for recurring monthly service shall pay interest on that deposit at or before the time it is returned. Interest paid under this section shall be at the legal rate of interest at the time the deposit is made. However, if the deposit is placed in an interest bearing account, the utility shall pay the interest rate of the interest bearing account.
(b) If delinquent payments result in interruption of service, a public utility is not required to pay interest under (a) of this section for 12 months after reestablishment of service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.371. Adherence to tariffs.

The terms and conditions under which a public utility offers its services and facilities to the public shall be governed strictly by the provisions of its currently effective tariffs. A legally filed and effective tariff rate, charge, toll, rental, rule, regulation, or condition of service may not be changed except in the manner provided in this chapter. If more than one tariff rate or charge can reasonably be applied for billing purposes the one most advantageous to the customer shall be used.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.385. Charges for water and sewer line extensions.

(a) A water or sewer line extension may not be constructed unless the legislative body of each municipality through which the extension passes has approved the extension. This subsection does not apply to an extension that will not create any charges or assessments against the adjacent property.
(b) Except as provided in (e) of this section, when utility service is available to a property owner as a result of a water or sewer line extension, the utility offering the service through the extension shall notify the property owner, according to the procedure set forth for service of process in the Alaska Rules of Civil Procedure, of the charges and interest due the utility if the property owner elects to obtain the utility service through the extension. The property owner does not owe the charge for the extension until the property owner connects to the extension.
(c) Except as provided in (e) of this section, and unless the property owner connects to the extension,
(1) charges do not accrue against the property for construction of the extension;
(2) interest does not accrue against the property for the construction of the extension; and
(3) a lien or encumbrance may not be levied against the property for the construction of the extension.
(d) If the costs of constructing a water or sewer line extension have been paid by charges collected under this chapter, a utility may not charge for connection to the extension an amount greater than the actual cost of the connection.
(e) The provisions of this section do not apply to a water or sewer line extension constructed by a municipality under AS 29.46.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.391. Discrimination in rates.

(a) Except as provided in AS 42.05.306, a public utility may not, as to rates, grant an unreasonable preference or advantage to any of its customers or subject a customer to an unreasonable prejudice or disadvantage. A public utility may not establish or maintain an unreasonable difference as to rates, either as between localities or between classes of service. A municipally owned utility may offer uniform or identical rates for a public utility service to customers located in different areas within its certificated service area who receive the same class of service. Any uniform or identical rate shall, upon complaint, be subject to review by the commission and may be set aside if shown to be unreasonable.
(b) A rate charged by a municipality for a public utility service furnished beyond its corporate limits is not considered unjustly discriminatory solely because a different rate is charged for a similar service within its corporate limits.
(c) A public utility may not directly or indirectly refund, rebate or remit in any manner, or by any device, any portion of the rates and charges or charge, demand, or receive a greater or lesser compensation for its services than is specified in its effective tariff. A public utility may not extend to any customer any form of contract, agreement, inducement, privilege, or facility, or apply any rule, regulation, or condition of service except such as are extended or applied to all customers under like circumstances. A public utility may not offer or pay any compensation or consideration or furnish any equipment to secure the installation or adoption of the use of utility service unless it conforms to a tariff approved by the commission, and the compensation, consideration, or equipment is offered to all persons in the same classification using or applying for the public utility service; in determining the reasonableness of such a tariff filed by a public utility the commission shall consider, among other things, evidence of consideration or compensation paid by a competitor, regulated or nonregulated, of the public utility to secure the installation or adoption of the use of the competitor's service.
(d) Nothing in this section prevents a public utility from charging reduced rates to customers transferred to it from a competing utility provided the reduction is an integral part of a contract, arrangement, or plan to eliminate the overlapping of service areas or to minimize duplication of facilities and competition between public utilities.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.401. Apportionment of joint rates.

(a) If public utilities share in a joint rate the apportionment of receipts shall be just and reasonable. The method of apportionment shall be approved by the commission and the commission may, if it considers it to be in the public interest, establish the portion to which each public utility shall be entitled.
(b) If the commission does not have professional staff to investigate, evaluate, and testify regarding any proceeding under (a) of this section it may employ qualified professional consultants for this purpose at the direct expense of the parties to the dispute and divide the cost among the parties in the proportion of their respective operating revenues before commencement of the proceeding. The cost allocation to each party shall be determined before employment of the consultants and after giving the parties reasonable notice and opportunity to be heard.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.411. New or revised tariffs.

(a) A public utility may not establish or place in effect any new or revised rates, charges, rules, regulations, conditions of service or practices except after 45 days' notice to the commission and 30 days' notice to the public. Notice shall be given to the commission by filing with the commission and keeping open for public inspection the revised tariff provisions which shall plainly indicate the changes to be made in the schedules then in force and the time when the changes will go into effect. The commission shall prescribe means by regulation whereby notice is given to the public before or no later than 15 days after the filing that is reasonably adequate to notify customers affected by the filing. The commission, for good cause shown, may allow changes to take effect on less than 45 days' notice to the commission or 30 days' notice to the public under conditions the commission prescribes.
(b) New and revised tariffs shall be filed in the manner provided in AS 42.05.361(a).
(c) Upon the filing of a new or revised tariff, the commission upon complaint or upon its own motion, without notice, may initiate an investigation of the reasonableness and lawfulness of the change.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.421. Suspension of tariff filing.

(a) When a tariff filing is made containing a new or revised rate, classification, rule, regulation, practice, or condition of service the commission may, either upon written complaint or upon its own motion, after reasonable notice, conduct a hearing to determine the reasonableness and propriety of the filing. Pending the hearing the commission may, by order stating the reasons for its action, suspend the operation of the tariff filing. For a tariff filing that does not change the utility's revenue requirement or rate design, the suspension may last for a period not longer than six months beyond the effective date established in the tariff filing unless the commission extends the period for good cause. For a tariff filing that changes the utility's revenue requirement or rate design, the suspension may last, unless the commission extends the period for good cause, for a period not longer than
(1) six months before an interim rate equal to the requested rate goes into effect and not longer than 12 months before a permanent rate goes into effect if the annual gross revenues of the utility making the filing are more than $3,000,000; and
(2) 150 days before an interim rate equal to the requested new rate goes into effect and not longer than one year before a permanent rate goes into effect if the annual gross revenues of the utility making the filing are $3,000,000 or less.
(b) An order suspending a tariff filing may be vacated if, after investigation, the commission finds that it is in all respects proper. Otherwise the commission shall hold a hearing on the suspended filing and issue its order, before the end of the suspension period, granting, denying or modifying the suspended tariff in whole or in part.
(c) In the case of a proposed increased rate, the commission may by order require the interested public utility or utilities to place in escrow in a financial institution approved by the commission and keep accurate account of all amounts received by reason of the increase, specifying by whom and in whose behalf the amounts are paid. Upon completion of the hearing and decision the commission may by order require the public utility to refund to the persons in whose behalf the amounts were paid, that portion of the increased rates which was found to be unreasonable or unlawful. Funds may not be released from escrow without the commission's prior written consent and the escrow agent shall be so instructed by the utility, in writing, with a copy to the commission. The utility may, at its expense, substitute a bond in lieu of the escrow requirement.
(d) One who initiates a change in existing tariffs shall bear the burden to prove the reasonableness of the change.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.433. Review of certain contracts by the commission.

(a) A precedent agreement or contract entered into by a public utility with the Alaska Gasline Development Corporation or its successors or assigns may contain a covenant for the public utility to establish, charge, and collect rates sufficient to meet its obligations under the contract. If the precedent agreement associated with the contract is approved by the commission under AS 42.08, the rate covenant in the associated contract is valid and enforceable.
(b) A public utility negotiating to purchase natural gas to be shipped through an in-state natural gas pipeline regulated under AS 42.08 shall submit the contract to the commission before the contract takes effect.
(c) A public utility negotiating to contract for the storage of natural gas shipped in an in-state natural gas pipeline regulated under AS 42.08 shall submit the contract to the commission before the contract takes effect.
(d) The commission shall review and may conduct an investigation and hearing to determine whether a contract submitted under (b) or (c) of this section is just and reasonable. The review and determination shall be conducted as provided in AS 42.08.320(b) - (d). The commission shall either approve the contract as presented or, if the commission finds that a contract is not just and reasonable, disapprove the contract. Notwithstanding AS 42.05.175, if the commission has not acted within 180 days after the contract is submitted, the contract shall be considered approved and shall take effect immediately. The commission may, by order, extend the 180-day review period by the duration of a delay caused by a failure of the public utility to submit supplemental information that is available to the public utility. A contract that is approved or considered approved under this section is not subject to further review by the commission.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 4. Rates and Rate Schedules. › Sec. 42.05.441. Valuation of property of a public utility.

(a) The commission may, after providing reasonable notice and opportunity to be heard, ascertain and set the fair value of the whole or any part of the property of a public utility, insofar as it is material to the exercise of the jurisdiction of the commission. The commission may make revaluations from time to time and ascertain the fair value of all new construction, extensions, and additions to the property of a public utility. If a public utility furnishes more than one classification of utility service the utility shall allocate the investment and expenses associated with the property used and useful in furnishing service among the utility services and it may not solely consider the utility's total investment and expenses in fixing rates for a particular service.
(b) In determining the value for rate-making purposes of public utility property used and useful in rendering service to the public, the commission shall be guided by acquisition cost or, if lower, the original cost of the property to the person first devoting it to public service, less accrued depreciation, plus materials and supplies and a reasonable allowance for cash working capital when required.
(c) For rate-making purposes, indebtedness, debt service, and payments by a regulated public utility to a person having an ownership interest of more than 70 percent in the utility shall be considered to be ownership equity, profits, or dividends except to the extent that there is a clear and convincing showing that
(1) the indebtedness was incurred, or the payments made, for goods or services that were reasonably necessary for the operation of the utility; and
(2) the goods or services were provided at a cost that was competitive with the price at which they could have been obtained from a person having no ownership interest.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 5. Accounts, Records, and Reports. › Sec. 42.05.451. System of accounts and reports.

(a) The commission may classify the public utilities under its jurisdiction and prescribe a uniform system of accounts for each class and the manner in which the accounts and supporting records shall be kept.
(b) A public utility shall maintain its accounts on a calendar year basis unless specifically authorized by the commission to maintain its accounts on a fiscal year basis. Within 90 days after the close of its authorized annual accounting period, or additional time granted upon a showing of good cause, a public utility shall file with the commission a verified annual report of its operations during the period reported, on forms prescribed by the commission.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 5. Accounts, Records, and Reports. › Sec. 42.05.461. Continuing property records.

The commission may require a public utility to establish, provide, and maintain as a part of its system of accounts, continuing property records segregated by the year of placement in service, including a list or inventory of all the units of tangible property used or useful in the public service, identifying the property by location and project. The commission may require a public utility to keep accounts and records in a manner that shows the original cost of the property when first devoted to the public service, and the current related reserve for depreciation. A public utility with annual revenues exceeding $100,000 shall keep continuing property records.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 5. Accounts, Records, and Reports. › Sec. 42.05.471. Depreciation rates and accounts.

(a) To provide for the loss in service value of its property, not restored by current maintenance, a utility shall charge adequate, but not excessive, depreciation expense for each major class of utility property used and useful in serving the public. From time to time the commission shall determine the proper and adequate rates of depreciation for each major class of property of a public utility. The commission shall accept rates of depreciation and depreciation accounts prescribed and maintained under regulations of a federal agency or the terms of a bond ordinance. The commission shall determine and allow depreciation expense in fixing the rates, tolls, and charges to be paid for the services of a public utility.
(b) The commission is not bound in rate proceedings to accept, as just and reasonable for rate-making purposes, estimates of annual or accrued depreciation established under the provisions of this section, or to allow annual or accrued depreciation on utility property directly or indirectly contributed by customers or others.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 5. Accounts, Records, and Reports. › Sec. 42.05.481. Separate Business Accounts.

A public utility engaged, directly or indirectly, in another business, including another utility business or a subsidiary business, shall keep separate accounts relating to that business. Except as the commission provides, property, expense, or revenue used in or derived from that business may not be considered in establishing the rates and charges of the utility for its public services.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 5. Accounts, Records, and Reports. › Sec. 42.05.491. Records and accounts to be kept in state.

A public utility shall keep the books, accounts, papers, and records required by the commission in an office within this state, and may not remove them from the state, except upon the terms and conditions that may be prescribed by the commission. The provisions of this section do not apply to a public utility whose accounts are kept at its principal place of business outside the state, in the manner prescribed by a federal regulatory body; however, such a public utility shall at its option, either furnish to the commission, within a reasonable time fixed by the commission, certified copies of its books, accounts, papers, and records relating to the business done by the public utility within this state, or agree to pay the actual expenses incurred by the commission in sending personnel to examine the utility's books and records at the place where they are kept.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 5. Accounts, Records, and Reports. › Sec. 42.05.501. Inspection of books and records.

(a) 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 public utilities or their affiliated interests, or prepared or kept for them by others, that relate to any contract or transaction between them. The commission may require a public utility 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.
(b) 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 public utilities 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 a public utility that relate to any contract or transaction between the public utility and the affiliated interest.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 6. Financial and Management Regulation. › Sec. 42.05.511. Unreasonable management practices.

(a) The commission may investigate the management of a public utility, including staffing patterns, wage and salary scales and agreements, investment policies and practices, and purchasing and payment arrangements with affiliated interests, for the purpose of determining inefficient or unreasonable practices that adversely affect the cost or quality of service of the public utility.
(b) Where unreasonable practices are found to exist, the commission may, after providing reasonable notice and opportunity for hearing, take appropriate action to protect the public from the inefficient or unreasonable practices and may order the public utility to take the corrective action the commission may require to achieve effective development and regulation of public utility services.
(c) In a rate proceeding, the utility involved has the burden of proving that any written or unwritten contract or arrangement it may have with any of its affiliated interests for the furnishing of any services or for the purchase, sale, lease, or exchange of any property is necessary and consistent with the public interest and that the payment made therefor, or consideration given, is reasonably based, in part, on the submission of satisfactory proof as to the cost to the affiliated interest of furnishing the service or property and, in part, on the estimated cost the utility would have incurred if it furnished the service or property with its own personnel and capital.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 6. Financial and Management Regulation. › Sec. 42.05.521. Impaired capital.

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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 7. Judicial Review, Penalties, and Enforcement. › Sec. 42.05.551. Review and enforcement.

(a) All final orders of the commission are subject to judicial review in accordance with AS 44.62.560 - 44.62.570.
(b) If an appeal is not taken from a final order of the commission, the commission may apply to the superior court for enforcement of this chapter, the regulations adopted under it, and the orders of the commission. The court shall enforce the order by injunction or other process.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 7. Judicial Review, Penalties, and Enforcement. › Sec. 42.05.561. Injunctions and monetary sanctions.

(a) A person who violates a provision of AS 42.05.291 insofar as it governs the safety of pipeline facilities and the transportation of gas, or of any regulation issued under AS 42.05.291 is subject to a civil penalty of not more than $1,000 for each violation for each day that the violation persists. However, the maximum civil penalty may not exceed $200,000 for any related series of violations.
(b) A civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.
(c) A person may be enjoined by the superior court from committing any violation mentioned in this section.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 7. Judicial Review, Penalties, and Enforcement. › Sec. 42.05.571. Civil penalties.

(a) In addition to all other penalties and remedies provided by law, a public utility and every person, and their lessees or receivers appointed by a court in any way subject to the provisions of this chapter, together with their officers, managers, agents, or employees that either violate or procure, aid, or abet the violation of any provision of this chapter, or of any order, regulation, or written requirement of the commission are subject to a maximum penalty of $100 for each violation. Each act of omission as well as each act of commission shall be considered a violation subject to the penalty.
(b) A penalty may not be assessed unless the commission first issues an order to show cause why the penalty should not be levied. The order shall describe each violation with reasonable particularity and designate the maximum penalty that may be assessed for each violation. The order shall be served on the alleged violator named in the order. The order must state a time and place for the hearing.
(c) After a hearing, the commission shall enter its findings of fact and final order. The order must state when the penalties, if any, are payable.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 7. Judicial Review, Penalties, and Enforcement. › Sec. 42.05.581. Each violation a separate offense.

Each violation of a provision of this chapter or of an order, decision, regulation, or written requirement of the commission is a separate and distinct offense, and in case of a continuing violation each day's continuance is a separate and distinct offense.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 7. Judicial Review, Penalties, and Enforcement. › Sec. 42.05.601. Actions to recover penalties; disposition.

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