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2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.06.286. Pipeline carrier regulatory cost charge.

(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 .7 percent to fund the operations of the commission, and (2) not more than .17 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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.06.290. Abandonment; discontinuance, and suspension of service.

(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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.06.300. Modification, suspension, or revocation of certificates.

Upon complaint or upon its own motion the commission, after due notice and 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 shall be
(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 service that is the subject of the certificate;
(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 06. Pipeline Act › Article 2. Certificate of Public Convenience and Necessity. › Sec. 42.06.305. Transfer of operating authority.

(a) Operating authority may not be transferred by sale or lease of the certificate or by the sale of substantially all of the stock or assets of a pipeline carrier holding a certificate without the prior approval of the commission. A transfer not involving a substantial change in ownership shall be summarily approved.
(b) The commission's decision under this section shall be based on the best interest of the public.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 3. Services and Facilities. › Sec. 42.06.310. Standards of service and facilities.

(a) Each oil or gas pipeline facility shall furnish and maintain adequate, efficient, and safe service and facilities. This service shall be reasonably continuous and without unreasonable interruption or delay.
(b) 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 an oil or gas pipeline facility 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 and the users. Regulations or orders issued under this subsection shall conform to accepted industry standards and practices.
(c) Every common carrier shall, when ordered by the commission, extend or enlarge its pipeline or storage facilities provided the extension or enlargement shall be found to be reasonable and required in the public interest and that the expense involved will not impair the ability of the common carrier or public utility to perform its duty to the public.
(d) The requirement of (c) of this section does not apply to a North Slope natural gas pipeline carrier to the extent that the capacity of the carrier's North Slope natural gas pipeline does not allow for expanded capacity, and does not apply to require a North Slope natural gas pipeline carrier to enlarge or extend its North Slope natural gas pipeline system. However, the commission may require a North Slope natural gas pipeline carrier to expand, enlarge, or extend its North Slope natural gas pipeline system if, after notice and opportunity for hearing, the commission determines that
(1) a person making a request for expanded, enlarged, or extended service by a North Slope natural gas pipeline carrier has made a firm contractual commitment to the North Slope natural gas pipeline carrier to transport North Slope natural gas; and
(2) the expansion, enlargement, or extension will not result in
(A) substantial injury, including economic injury, to the North Slope natural gas pipeline facility or its customers;
(B) substantial detriment to the services furnished by the North Slope natural gas pipeline facility; or
(C) the creation of safety hazards.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 3. Services and Facilities. › Sec. 42.06.320. Discrimination in service.

An oil or gas pipeline carrier 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. An oil or gas pipeline facility that is owned by more than one owner may not require that users make separate requests of each separate owner in order to obtain a reasonable share of the service provided by the oil or gas pipeline facility.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 3. Services and Facilities. › Sec. 42.06.330. Power of commission to allocate usage.

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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 3. Services and Facilities. › Sec. 42.06.340. Order for joint use or connection.

(a) When there is failure to agree upon the joint use or interconnection of oil or gas pipeline facilities or the conditions or compensation for joint use or interconnections, any 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 oil or gas pipeline facility or its customers, or in substantial detriment to the services furnished by the oil or gas pipeline facility, 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) During construction of a pipeline, the commission, after investigation and opportunity for hearing and findings as required in (a) of this section, may order the inclusion, within the pipeline at points that it designates, of special fittings including tees, wyes, spools, reducers, enlargers, flanges, flange plates, valves, and valve boxes, to reduce the time and cost of future connections for the injection and removal of gas and oil from the main pipeline, and to maintain and facilitate intrastate commerce. A request for special fittings may be made by the commissioner of natural resources for the state. A request for special fittings and valves may be made to the commission by a local government, person, company, or corporation. The cost of furnishing and installing the special fittings shall be paid by the state. However, if the special fittings are used by a person for a commercial enterprise or by a municipality for the operation of a utility, the commission shall require that the using person or municipality reimburse the state for the cost of furnishing and installing the special fittings.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.350. Tariffs, contracts, filing, and public inspection.

(a) Under regulations adopted by the commission, every intrastate oil or gas pipeline carrier shall file with the commission, within the time and in the form designated by the commission, all rates, tariffs, charges, classifications, rules, regulations, terms, and conditions pertaining to service provided under the certificate, and shall maintain copies on file at its principal business office and at places designated by the commission, available to, and subject to inspection by, the general public on demand.
(b) 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 or that is not consistent with this chapter or the regulations of the commission. A tariff or provision rejected by the commission is void.
(c) In its tariff filed with the commission under (a) of this section, a natural gas pipeline carrier may charge separate rates for firm transportation service and for interruptible transportation service. A natural gas pipeline carrier
(1) may, in addition, impose a reservation fee or similar charge for reservation of capacity in a natural gas pipeline as a condition of providing firm transportation service; the reservation fee or charge imposed by the carrier may not include any variable costs or fixed costs that are not attributable to the provision of firm transportation service;
(2) may not impose a reservation fee or similar charge for reservation of capacity in a natural gas pipeline for interruptible transportation service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.360. Adherence to tariffs.

The terms and conditions under which a pipeline carrier 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, 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 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.370. Rates to be just and reasonable.

(a) All rates demanded or received by a pipeline carrier, or by any two or more pipeline carriers jointly, for a service furnished or to be furnished shall be just and reasonable.
(b) Additional regulations governing determination of a reasonable tariff shall be published by the commission.
(c) Rates demanded, observed, charged, or collected by a North Slope natural gas pipeline carrier for intrastate service shall be designed as if that portion of the North Slope natural gas pipeline were a public utility regulated under the provisions of AS 42.05.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.380. Discrimination in rates.

(a) A pipeline carrier may not, as to rates, grant a preference or advantage to any customer or subject a customer to an unreasonable prejudice or disadvantage. A pipeline carrier may not establish or maintain an unreasonable difference as to rates, either as between localities served or between classes of service provided under the certificate.
(b) A pipeline carrier 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 service than is specified in its effective tariff nor extend to any customer served under the certificate any form of contract, agreement, inducement, privilege or facility, or apply any rule, regulation or condition of service except as are extended or applied to all customers under like circumstances.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.390. Initial or revised rates.

(a) A pipeline carrier may not establish or place in effect any initial rates, charges, rules, regulations, conditions of service or practices except after 90 days' notice to the commission and to the public. Notice shall be given by filing with the commission and keeping open for public inspection the tariff provisions which shall plainly indicate the time when the tariff will go into effect. The commission may prescribe additional means of giving notice. The commission, for good cause shown, may allow initial tariffs to take effect on less than 90 days' notice under conditions the commission prescribes by order.
(b) A pipeline carrier may not establish or place in effect any revised rates, charges, rules, regulations, conditions of service or practices except after 30 days' notice to the commission and to the public. Notice shall be given 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 may prescribe additional means of giving notice. The commission, for good cause shown, may allow changes to take effect on less than 30 days' notice under conditions the commission prescribes by order.
(c) Initial and revised tariffs shall be filed in the manner provided in AS 42.06.350.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.410. Power of commission to fix rates.

(a) When the commission, after an investigation and hearing, finds that a rate demanded, observed, charged, or collected by a pipeline carrier for a service, subject to the jurisdiction of the commission, or that a classification, rule, regulation, practice, or contract affecting the rate, is unjust, unreasonable, unduly discriminatory or preferential, the commission shall determine a just and reasonable rate, classification, rule, regulation, practice, or contract to be observed or allowed and shall establish it by order.
(b) If an investigation is conducted in multiple phases, the commission may establish a rate at the end of a single phase. The rate established at the end of a single phase is to be considered a final rate under AS 42.06.400. If the rate established at the conclusion of the proceeding under (a) of this section or after judicial review is less than the rate established after a single phase of an investigation, a shipper is entitled to a refund of the difference between the amounts paid by the shipper and the amounts that would have been paid under the rate established at the conclusion of the proceeding or after judicial review. If the rate established at the conclusion of the proceeding under (a) of this section or after judicial review is more than the rate established after a single phase, a pipeline carrier is entitled to a payment of the difference between the amounts paid to the carrier and the amount that would have been paid under the rate established at the conclusion of the proceeding or after judicial review.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 4. Rates and Rate Schedules. › Sec. 42.06.420. Valuation of property of a pipeline carrier.

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 pipeline carrier, 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 pipeline carrier.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 5. Accounts, Records, and Reports. › Sec. 42.06.440. Inspection of records.

(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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 5. Accounts, Records, and Reports. › Sec. 42.06.445. Public records.

(a) Except as provided in (b) and (c) of this section, or prohibited from disclosure under state or federal law, records in the possession of the commission are open to public inspection at reasonable times.
(b) The commission may, by regulation, classify records submitted to it by regulated pipeline carriers or pipelines as privileged records that are not open to the public for inspection. However, if a record involves an application or tariff filing pending before the commission, the commission may release the record for the purpose of preparing for or making a presentation to the commission in the proceeding if the record or information derived from the record is considered by the commission to be relevant to an issue in the proceeding, and if the record or information will be used by the commission in the proceeding. A record or information that the commission releases under this subsection may be released only after giving to the party that filed the record or information reasonable notice of its intention to release the record or information and opportunity to object to that release.
(c) A document filed with the commission that relates to the finances or operations of a pipeline subject to federal jurisdiction and that is in addition to or other than the copy of a document required to be filed with the appropriate federal agency is open to inspection only by an appropriate officer or official of the state for relevant purposes of the state.
(d) A person may make written objection to the public disclosure of information contained in a record filed under the provisions of this chapter or of information obtained by the commission or by the attorney general under the provisions of this chapter, stating the grounds for the objection. When an objection is made, the commission shall order the information withheld from public disclosure if the information adversely affects the interest of the person making written objection and disclosure is not required in the interest of the public.
(e) A commissioner may certify as to all official records of the commission under this section and may certify as to all official acts of the commission under this chapter.
(f) In this section, “record” means a report, file, book, account, paper, or application, and the facts and information contained in it.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 5. Accounts, Records, and Reports. › Sec. 42.06.450. Investigations.

The commission may investigate any matter that affects the cost or quality of transportation of oil or gas in this state by pipeline carriers or affiliated interests or of related services and may ensure compliance by pipeline carriers and their affiliated interests with the provisions of this chapter. Investigations may be public, nonpublic, or both. In conducting investigations, the commission may compel the attendance and testimony of witnesses and the production of records and testimony before the commission or its designee. In the course of an investigation, the commission may exclude from attendance at the taking of investigative testimony all persons except the person compelled to attend, that person's attorney, members of the commission or the commission's staff, and a person authorized to transcribe the proceedings. Following an investigation and after providing reasonable notice and opportunity for hearing, the commission may institute proceedings to determine whether unreasonable practices have occurred, whether expenditures have been imprudently incurred, the costs of those practices or expenditures, and whether a pipeline carrier and its affiliated interests are in compliance with this chapter. Following such a determination, the commission shall take appropriate action to ensure that neither the direct nor indirect costs of any unreasonable practices or imprudent expenditures are included in any tariff or rate of a pipeline carrier or are borne by the public or the state.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 5. Accounts, Records, and Reports. › Sec. 42.06.460. Designation of service agents.

Each pipeline carrier shall file with the commission a written appointment of a named permanent resident, which may be a corporation, of this state as its registered agent in this state upon whom service of all notices, regulations, and requests of the commission may be made. The appointment shall specify an address in this state of the appointed agent, which address may be changed from time to time by filing a new Alaska address with the commission. If a pipeline carrier fails to appoint an agent, service of notices, regulations, and requests may be made by posting a copy in the main office of the commission and filing a copy in the office of the lieutenant governor.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.480. Review and enforcement.

(a) All final orders of the commission are subject to judicial review under AS 44.62.560 - 44.62.570.
(b) If an appeal is not taken from a final order of the commission within 10 calendar days, 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 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.530. Injunctions and monetary sanctions.

(a) The full amount of damages determined by a civil action may be compromised by the commission. In determining the amount of the damages, or the amount agreed upon in compromise, 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 damages, 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.
(b) A person may be enjoined by the superior court from committing a violation mentioned in this section.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.540. Civil penalties.

(a) In addition to all other penalties and remedies provided by law, a person subject to the provisions of this chapter, as well as an officer, manager, agent, or employee of that person, that either violates or procures, aids, or abets the violation of any provision of this chapter, or of an order, regulation, or written requirement of the commission is subject to a maximum penalty of $500 for each violation.
(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 the violation with reasonable particularity and designate the maximum penalty that may be assessed for the violation. The order shall be served on the alleged violator named in the order. The order shall state a time and place for the hearing.
(c) After a hearing the commission shall enter its findings of fact and final order which shall state when the penalties, if any, are payable.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.550. 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 the violation continues constitutes a separate offense.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.560. Actions to recover damages and penalties; disposition.

(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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.570. Penalties cumulative.

(a) All penalties imposed under this chapter are cumulative.
(b) An action to recover a civil penalty is not a bar to an enforcement proceeding to require compliance, or to any other remedy provided by this chapter.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 6. Enforcement Provisions. › Sec. 42.06.590. Private cause of action.

(a) A person subjected to an unlawful rate, price, service, or practice, in violation of this chapter, may sue in a state court of appropriate jurisdiction for damages resulting from the unlawful rate, price, service, or practice.
(b) If the violation described in (a) of this section resulted in the overcharge of rate or price, the person paying the unlawful rate or price is entitled to recover as damages at least double the amount of the overcharge.
(c) A person recovering damages under this section is entitled to a reasonable attorney fee, fixed by the court, to be taxed and collected as costs of the suit.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 7. General Provisions. › Sec. 42.06.605. Restrictions on commissioners and employees.

A member or employee of the commission may not have an official connection with, or hold stock or securities in, or have a pecuniary interest in, a corporation, company, or association engaged in the production or the transportation of oil or gas. A member or employee may not act upon a matter in which the relationship of the member or employee with any person creates a conflict of interest.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 7. General Provisions. › Sec. 42.06.610. Expenses of investigation or hearing.

(a) During a proceeding held under this chapter, the commission may allocate the cost of the proceeding among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory cost charge paid directly or indirectly under AS 42.06.286. The costs allocated may include the costs of any time devoted to investigations or hearings by hired consultants, whether or not the consultants appear as witnesses or participants. The commission shall provide an opportunity for any person objecting to an allocation to be heard before the allocation becomes final.
(b) After completion of a proceeding held under this chapter, the commission may reallocate the cost of the proceeding among the parties, including the commission, as is just under the circumstances. The costs which are reallocated may include the costs of time devoted to investigations or hearings by hired consultants, whether or not the consultants appear as witnesses or participants. The commission shall provide an opportunity for any person objecting to a reallocation to be heard before the reallocation becomes final.
(c) [Repealed, § 28 ch 90 SLA 1991.]
(d) Notwithstanding the commission's discretion under (a) and (b) 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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 7. General Provisions. › Sec. 42.06.620. Classification.

The commission may by regulation provide for the classification of oil or gas pipeline facilities based upon differences in annual revenue, assets, nature of ownership, and other appropriate distinctions and as between these classifications, by regulation, provide for different reporting, accounting, and other regulatory requirements.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 1. Application of Chapter; Qualifications. › Sec. 42.08.010. Application of chapter.

(a) This chapter applies to the regulation of in-state natural gas pipelines that provide transportation by contract carriage.
(b) An in-state natural gas pipeline subject exclusively to federal jurisdiction is exempt from this chapter.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 1. Application of Chapter; Qualifications. › Sec. 42.08.020. Qualification of the Alaska Gasline Development Corporation; findings.

(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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 2. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.08.240. Publication of reports, orders, decisions, and regulations.

All reports, orders, decisions, and regulations of the commission shall be in writing. The commission shall notify all affected operators of in-state natural gas pipeline facilities and interested parties of reports, orders, decisions, and regulations as they are issued and adopted and, when appropriate, publish them in a manner that will reasonably inform the public or the affected consumers of the services of an in-state natural gas pipeline facility. The commission may set charges for costs of printing or reproducing and furnishing copies of reports, orders, decisions, and regulations. The publication requirement, as it pertains to regulations, does not supersede the requirements of AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 2. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.08.250. Application of Administrative Procedure Act.

(a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to adjudicatory proceedings of the commission under this chapter, except that final administrative determinations by the commission are subject to judicial review under AS 44.62 (Administrative Procedure Act) as provided in AS 42.08.530.
(b) AS 44.62 (Administrative Procedure Act) applies to regulations adopted by the commission.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 2. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.08.260. Annual report.

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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 3. Contract Review; Contract Carriage Certificate; Open Seasons. › Sec. 42.08.310. Transportation service.

(a) Firm transportation service shall be made available only through a presubscription agreement, a recourse tariff, or an open season conducted in accordance with AS 42.08.300.
(b) The pipeline carrier shall offer a recourse tariff for firm transportation service. The rates included in the recourse tariff shall be determined on a cost-of-service basis and may be levelized over the depreciable life of the pipeline. The recourse tariff may not preclude the pipeline carrier from collecting rolled-in rates so long as the resulting rate for prior shippers does not exceed the initial maximum rate allowable under agreements for capacity.
(c) An in-state natural gas pipeline carrier may contract to provide firm transportation service for rates and containing provisions different than those in the recourse tariff. For purposes of this subsection, “provisions” are limited to those terms and conditions that directly relate to the rate and do not include the general operating terms and conditions of the recourse tariff.
(d) An in-state natural gas pipeline carrier shall provide interruptible transportation service through capacity not used for firm transportation service. An in-state natural gas pipeline carrier shall establish means for routinely advising potential shippers of the availability of interruptible transportation service and of uncommitted firm transportation capacity.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 3. Contract Review; Contract Carriage Certificate; Open Seasons. › Sec. 42.08.340. Filing requirements; recourse tariffs.

(a) An in-state natural gas pipeline carrier shall file with the commission a complete recourse tariff containing rates, rules, regulations, terms, and conditions pertaining to service provided under the certificate and copies of all contracts with shippers that in any way affect or relate to the carrier's rates, tariffs, charges, classifications, rules, regulations, terms, and conditions to service provided under the certificate.
(b) The terms and conditions under which an in-state natural gas pipeline carrier offers its services and facilities to the public shall be governed strictly by the provisions of its currently effective recourse tariff as supplemented and modified by contracts that have been approved by the commission. A legally filed and effective recourse tariff rate, charge, rule, regulation, or condition of service may not be changed except as provided in this chapter. The in-state natural gas pipeline carrier shall maintain copies of its recourse tariff on file at its principal business office and at places designated by the commission and make the copies available to and subject to inspection by the general public on demand.
(c) A change in a recourse tariff rate, charge, rule, regulation, or condition of service is not effective until filed under (a) of this section. If more than one recourse tariff rate or charge may reasonably be applied for billing purposes, the recourse tariff rate or charge most advantageous to the shipper shall be used.
(d) The commission may reject the filing of all or part of a recourse tariff that is not consistent with this chapter. A recourse tariff rate or provision so rejected is void.
(e) Initial and revised recourse tariffs shall be filed in the manner provided in AS 42.08.350.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 3. Contract Review; Contract Carriage Certificate; Open Seasons. › Sec. 42.08.370. Expansion; dispute resolution.

(a) A contract entered into by an in-state natural gas pipeline carrier may provide for expansion unless the expansion would cause the pipeline to be a competing natural gas pipeline project for purposes of AS 43.90.
(b) The recourse tariff or a contract filed by an in-state natural gas pipeline carrier may include a dispute resolution procedure. A dispute resolution procedure shall
(1) provide that notice of a dispute be given to all shippers;
(2) culminate in a process that is determined by an independent third party or panel; and
(3) permit the participation of existing shippers and creditworthy potential shippers that have previously made good-faith requests for firm transportation service; a participant must satisfy the commission's standard for intervention in an adjudicatory proceeding and demonstrate that the participant has a property, financial, or other significant interest in the dispute.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 3. Contract Review; Contract Carriage Certificate; Open Seasons. › Sec. 42.08.380. Regulatory cost charge.

(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.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 08. In-State Pipeline Contract Carrier › Article 3. Contract Review; Contract Carriage Certificate; Open Seasons. › Sec. 42.08.390. Effect of chapter on taxes and royalties.

Nothing in this chapter shall alter the calculation of a production tax under AS 43.55.011 - 43.55.180 or the calculation of a royalty due for a lease issued under AS 38.05.180.