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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. 42.05.611. Penalties cumulative.

(a) All penalties imposed under this chapter are cumulative and an action for the recovery of a civil penalty is not a bar to any criminal prosecution. A criminal prosecution is not a bar to an action for the recovery of a civil penalty.
(b) Neither a criminal prosecution nor an action to recover a civil penalty is 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 05. Alaska Public Utilities Regulatory Act › Article 7. Judicial Review, Penalties, and Enforcement. › Sec. 42.05.621. Joinder of actions.

Under the applicable court rules, appeals from orders of the commission, applications for enforcement of commission orders, and actions for recovery of a penalty may be joined. The court may, in the interests of justice, separate the action.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 8. Miscellaneous Provisions. › Sec. 42.05.641. Regulation by municipality.

The commission's jurisdiction and authority extend to public utilities operating within a municipality, whether home rule or otherwise. In the event of a conflict between a certificate, order, decision, or regulation of the commission and a charter, permit, franchise, ordinance, rule, or regulation of such a local governmental entity, the certificate, order, decision, or regulation of the commission shall prevail.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 8. Miscellaneous Provisions. › Sec. 42.05.651. Expenses of investigation or hearing.

(a) During a hearing or investigation held under this chapter, the commission may allocate the costs of the hearing or investigation among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory cost charge paid by a utility under AS 42.05.254 and may consider the results, ability to pay, evidence of good faith, other relevant factors, and mitigating circumstances. Notwithstanding an intervening party's ability to pay, if the commission determines that an intervening party has conducted its intervention in a frivolous manner, the commission shall allocate all costs associated with the intervention to that party. The costs allocated may include the costs of any time devoted to the investigation or hearing by hired consultants, whether or not the consultants appear as witnesses or participants. The costs allocated may also include any out-of-pocket expenses incurred by the commission in the particular proceeding. The commission shall provide an opportunity for any person objecting to an allocation to be heard before the allocation becomes final.
(b) [Repealed, § 28 ch 90 SLA 1991.]
(c) Notwithstanding the commission's discretion under (a) of this section to allocate costs to parties, the commission may not require a state agency to pay any costs allocated to the state agency.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 8. Miscellaneous Provisions. › Sec. 42.05.671. Public records.

(a) Except as provided in (b) of this section, records in the possession of the commission are open to public inspection at reasonable times.
(b) The commission may, by regulation, classify the records submitted to it by regulated utilities 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 shall 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 will be used by the commission in the proceeding.
(c) A person may make written objection to the public disclosure of information contained in a record 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 may not order the information withheld from public disclosure unless the information adversely affects the interest of the person making written objection and disclosure is not required in the interest of the public.
(d) 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 05. Alaska Public Utilities Regulatory Act › Article 8. Miscellaneous Provisions. › Sec. 42.05.681. Validity of certain certificates.

A certificate issued before July 29, 1968, to a public utility for the generation, transmission, or distribution of electric energy and power, or for the furnishing of telecommunications may not be considered as terminated or voided for the sole reason that the utility did not or would not produce an annual gross income in excess of $25,000.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 8. Miscellaneous Provisions. › Sec. 42.05.691. Utility classes.

The commission may by regulation provide for the classification of public utilities 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 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.750. On-bill financing of energy efficiency and conservation improvements; authorization and eligibility.

(a) A utility may enter into a written on-bill financing agreement with a customer to finance the purchase and installation of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system in a residence or building that is eligible under (b) of this section by assessing a meter conservation charge on the customer's utility bill.
(b) A residence or building is eligible for on-bill financing under (a) of this section if, at the time the financing agreement is entered into, the residence or building
(1) is occupied or in use; and
(2) is not under initial construction.
(c) An on-bill financing agreement must clearly state the interest rate to be charged for financing the purchase and installation of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system. The interest shall be set at a rate that is fixed over the term of the agreement.
(d) An on-bill financing agreement is not valid under this section unless the utility has offered the customer in writing the option of purchasing a repair and maintenance agreement for the renewable energy system, energy efficiency device, energy storage device, or energy conservation system before the purchase and installation of the system or device. A repair and maintenance agreement under this section must
(1) be for a term of not less than the duration of the on-bill financing agreement;
(2) benefit the customer and any subsequent owner of the residence or building from whom the utility may recover the costs under the on-bill financing agreement under AS 42.05.753;
(3) for a fixed periodic fee, maintain the original function and performance of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system.
(e) A customer may decline to purchase a repair and maintenance agreement described under (d) of this section only if the customer enters into an agreement in writing with the utility to pay the balance of the on-bill financing agreement before transferring ownership of the residence or building. At the time of transfer of ownership, the subsequent owner may waive the requirement that the customer pay the balance of the on-bill financing agreement by notifying the utility in writing that the subsequent owner assumes the balance owed on the on-bill financing agreement.
(f) The balance owed on an on-bill financing agreement may be paid in full at any time without penalty.
(g) Nothing in this section requires a utility to enter into an on-bill financing agreement with a specific customer or for a specific device or system.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.751. Meter conservation charge.

(a) A meter conservation charge assessed under AS 42.05.750(a) may only be used to recover the
(1) actual costs incurred by the utility for the purchase, installation, and financing of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system, including the administrative costs of the on-bill financing agreement and the cost of filing notice under AS 42.05.752;
(2) repayment of costs incurred by a third party that has performed a function under AS 42.05.755; and
(3) periodic fee for a repair and maintenance agreement under AS 42.05.750(d).
(b) A utility may assess a meter conservation charge on
(1) the customer who entered into the on-bill financing agreement; or
(2) a subsequent owner of the residence or building under AS 42.05.753.
(c) A meter conservation charge must be shown as a separate line item on a customer's bill.
(d) A utility may treat a customer's failure to pay a meter conservation charge as a failure to pay the utility account, and the utility may disconnect the utility service for nonpayment of the meter conservation charge, if the utility complies with AS 42.05.381(c), AS 42.20.040, and any other applicable law. A utility may not remove a renewable energy system, energy efficiency device, energy storage device, or energy conservation system for failure to pay a meter conservation charge or when disconnecting service for failure to pay a meter conservation charge.
(e) Money collected by a utility as a meter conservation charge is not revenue subject to state taxes under AS 43.20.
(f) The billing and collection of a meter conservation charge does not subject a utility to the laws that regulate financial institutions, escrow depositories, or collection agencies. A utility is not responsible for a lending, underwriting, or credit determination for an on-bill financing agreement.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.752. Notice of on-bill financing agreement and meter conservation charge.

(a) A utility that enters into an on-bill financing agreement shall file notice of the on-bill financing agreement and related meter conservation charge in the recording district in which the residence or building subject to the agreement is located. Notice under this subsection does not constitute a lien on the property, but is intended to give an owner of the residence or building notice that the residence or building is subject to a meter conservation charge. Notice is considered given if it is sufficient to disclose to prospective owners the existence of the meter conservation charge, including the balance owed under the on-bill financing agreement, whether the system or device is covered by a repair and maintenance agreement described in AS 42.05.750(d), and the length of time the meter conservation charge is expected to remain in effect.
(b) A utility shall file notice of satisfaction when an on-bill financing agreement is paid in full. Notice of satisfaction shall be filed in the recording district in which the residence or building subject to the agreement is located.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.753. Transferability of on-bill financing balances to subsequent owners.

A utility that enters into an on-bill financing agreement may recover the balance of the costs allowed under the agreement from a subsequent owner of the residence or building in which the renewable energy system, energy efficiency device, energy storage device, or energy conservation system was installed if the utility gives notice under AS 42.05.752 that the residence or building is subject to the agreement.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.754. Rental property.

A utility may recover the costs under an on-bill financing agreement for a rental property by assessing a meter conservation charge on a utility bill only if the landlord is responsible for the entire utility bill, including the meter conservation charge.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.755. Third parties; contracting and liability.

(a) A utility may contract with a third party to perform functions permitted under AS 42.05.750 - 42.05.754, including financing the purchase and installation costs for a renewable energy system, energy efficiency device, energy storage device, or energy conservation system. The third party shall comply with AS 42.05.750 - 42.05.754.
(b) If the installation, operation, or maintenance of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system is performed by a third party,
(1) the utility is not liable for the installation, operation, or maintenance of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system;
(2) the utility may not provide, nor is there implied, a warranty of merchantability or fitness of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system; and
(3) no action may be brought against the utility related to the failure of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system.
(c) When a utility contracts with a third party to perform administrative or financing functions,
(1) the third party is not liable for the installation, operation, or maintenance of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system;
(2) the third party may not provide, nor is there implied, a warranty of merchantability or fitness of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system; and
(3) no action may be brought against the third party related to the failure of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system.
(d) The provisions of (b) and (c) of this section may not be construed to impair the rights and remedies of a utility customer against any other parties to a transaction involving the purchase or installation of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 9. On-Bill Financing of Energy Efficiency and Conservation Improvements. › Sec. 42.05.756. Definitions.

In AS 42.05.750 - 42.05.756,
(1) “energy conservation system” includes a fuel-switching system; in this paragraph, “fuel-switching” means the replacement of existing fuel-consuming equipment using a particular fuel with equipment that uses another fuel that does not increase greenhouse gas emissions and that
(A) is more fuel efficient; or
(B) results in lower fuel expenses;
(2) “meter conservation charge” means a charge placed on a customer's utility bill by a utility to recover costs under an on-bill financing agreement;
(3) “on-bill financing agreement” means an agreement entered into under AS 42.05.750.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.760. Electric reliability organizations.

(a) An electric utility must participate in an electric reliability organization if the utility operates in an interconnected electric energy transmission network served by an electric reliability organization certificated by the commission. The commission may not require an electric reliability organization for an interconnected bulk-electric system if all of the load-serving entities operating in the interconnected bulk-electric system are exempt under AS 42.05.711(b).
(b) A person may submit to the commission an application for certification as an electric reliability organization for an interconnected bulk-electric system. The commission may certificate one electric reliability organization for each interconnected electric energy transmission network. The commission may certificate an electric reliability organization if the commission determines that the electric reliability organization has the ability to comply with AS 42.05.762.
(c) The commission shall immediately notify the interconnected load-serving entities within a new or existing interconnected bulk-electric system of the requirements of this section.
(d) Notwithstanding the requirements in (e) of this section, if all load-serving entities within an interconnected bulk-electric system petition the commission for an exemption from the requirement to establish an electric reliability organization for the interconnected electric energy transmission network, the commission may waive the requirement to form an electric reliability organization for that interconnected electric energy transmission network.
(e) The commission shall form and certificate an electric reliability organization for an interconnected bulk-electric system under this section if, within
(1) 90 days after the commission notifies the interconnected load-serving entities under (c) of this section, no person has applied for certification as an electric reliability organization for that interconnected bulk-electric system; or
(2) 270 days after the commission notifies the interconnected load-serving entities under (c) of this section, the commission has not certificated an electric reliability organization for that interconnected bulk-electric system.
(f) The commission may certificate an electric reliability organization for an interconnected electric energy transmission network that is not an interconnected bulk-electric system if
(1) one or more load-serving entities within that network successfully petition the commission to find that an electric reliability organization should be established for the network; and
(2) a person applies for certification as an electric reliability organization for the network.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.762. Duties of an electric reliability organization.

An electric reliability organization shall
(1) develop reliability standards that provide for an adequate level of reliability of an interconnected electric energy transmission network;
(2) develop integrated resource plans under AS 42.05.780(a);
(3) establish rules to
(A) ensure that the directors of the electric reliability organization and the electric reliability organization act independently from users, owners, and operators of the interconnected electric energy transmission network;
(B) equitably allocate reasonable dues, fees, and other charges among all load-serving entities connected to the interconnected electric energy transmission network for all activities under AS 42.05.760 - 42.05.790;
(C) provide fair and impartial procedures for the enforcement of reliability standards;
(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balancing of interests in exercising its duties; and
(4) be governed by a board that
(A) includes as nonvoting members the chair of the commission or the chair's designee and the attorney general or the attorney general's designee; and
(B) is formed as
(i) an independent board;
(ii) a balanced stakeholder board; or
(iii) a combination independent and balanced stakeholder board.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.767. Electric reliability organization rules; approval.

An electric reliability organization shall file with the commission each proposed rule or proposed rule change, along with an explanation of the basis and purpose of the proposed rule or proposed rule change. The commission may, on its own motion or upon complaint, propose a change to the rules of an electric reliability organization. A rule change proposed by the commission takes effect upon a finding by the commission, after notice and opportunity for public comment, that the rule change is just, reasonable, not unduly discriminatory or preferential, and in the public interest.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.770. Regulations.

The commission shall adopt regulations governing electric reliability organizations, reliability standards, and modifications to reliability standards consistent with this section. Regulations under AS 42.05.760 - 42.05.790 must
(1) require that an electric reliability organization's tariff include
(A) standards for nondiscriminatory open access transmission and interconnection;
(B) standards for transmission system cost recovery;
(2) provide a process to identify and resolve conflicts between a reliability standard and a function, rule, tariff, rate schedule, or agreement that has been accepted, approved, adopted, or ordered by the commission;
(3) allow an electric reliability organization to recover its costs through surcharges added to the rate for each participating load-serving entity.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.772. Duties of load-serving entities.

All load-serving entities, including load-serving entities otherwise exempt from regulation under this chapter, in an interconnected bulk-electric system served by an electric reliability organization are subject to the electric reliability organization's tariff on file with the commission.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.775. Penalties.

(a) An electric reliability organization may impose a penalty on a user, owner, or operator of an interconnected electric energy transmission network for a violation of a reliability standard if, after notice and a hearing, the electric reliability organization
(1) finds that the user, owner, or operator has violated a reliability standard; and
(2) files notice of the proposed penalty and the record of the proceeding with the commission at least 30 days before imposition of the penalty.
(b) The commission may, on its own motion or upon complaint, order a user, owner, or operator of an interconnected electric energy transmission network to comply with a reliability standard and impose a penalty against the user, owner, or operator if the commission finds, after notice and a hearing, that the user, owner, or operator has engaged or is about to engage in an act or practice that violates a reliability standard.
(c) A user, owner, or operator may appeal to the commission a penalty imposed under (a) of this section. The commission may, on its own motion, review a penalty imposed under (a) of this section. The commission shall, after notice and a hearing, issue an order affirming, modifying, reinstating, or revoking the penalty or remand the penalty to the electric reliability organization for further proceedings. Unless otherwise ordered by the commission, a penalty shall remain in effect during proceedings under this subsection. The commission shall expedite proceedings under this subsection.
(d) A penalty imposed under this section must bear a reasonable relation to the seriousness of the violation and take into consideration the effort of a user, owner, or operator to remedy the violation in a timely manner.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.785. Project preapproval for large energy facilities.

(a) A public utility, including a public utility that is exempt from other regulation under AS 42.05.711 or another provision of this chapter, that is interconnected with an interconnected electric energy transmission network served by an electric reliability organization certificated by the commission may not construct a large energy facility unless the commission determines that the facility
(1) is necessary to the interconnected electric energy transmission network with which it would be interconnected;
(2) complies with reliability standards; and
(3) would, in a cost-effective manner, meet the needs of a load-serving entity that is substantially served by the facility.
(b) Unless the commission finds otherwise by clear and convincing evidence, a large energy facility that was included in the most recent integrated resource plan approved under AS 42.05.780 is considered to satisfy the requirements of (a) of this section.
(c) The commission may not require preapproval for a
(1) project for refurbishment or capitalized maintenance;
(2) hydropower project licensed by the Federal Energy Regulatory Commission before September 30, 2016.
(d) The commission shall adopt regulations
(1) governing project preapproval;
(2) defining refurbishment and capitalized maintenance;
(3) maintaining municipal jurisdiction over local planning decisions; and
(4) addressing projects undertaken before integrated resource plan approval for an interconnected electric energy transmission network.
(e) In this section, “large energy facility” means
(1) an electric power generating plant or combination of plants at a single site with a combined capacity of 15,000 kilowatts or more with transmission lines that directly interconnect the plant with the transmission system;
(2) a high-voltage, above-ground transmission line that
(A) has a capacity of 69 kilovolts or more; and
(B) is longer than 10 miles;
(3) a high-voltage submarine or underground cable that
(A) has a capacity of 69 kilovolts or more; and
(B) is longer than three miles;
(4) an energy storage device or combination of devices at a single site with a combined capacity of 15,000 kilowatts and one hour or more of energy storage that directly connects with the interconnected bulk-electric system; and
(5) a reactive compensation device or combination of devices at a single site with a combined reactive capability of 15,000 kilovars or more with a step-up device to regulate interconnected bulk-electric system voltage.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 10. Electric Reliability Organizations, Plans, and Standards. › Sec. 42.05.790. Definitions.

In AS 42.05.760 - 42.05.790,
(1) “cybersecurity incident” means a malicious act or suspicious event that disrupts or attempts to disrupt the security of data or the operation of programmable electronic devices and communication networks, including hardware and software that are essential to the reliable operation of the interconnected electric energy transmission network;
(2) “electric reliability organization” means an organization that is certificated by the commission under AS 42.05.760;
(3) “electric utility” means a public utility that provides electricity service;
(4) “interconnected bulk-electric system” means an interconnected electric energy transmission network that includes two or more load-serving entities, at least one of which is subject to the provisions of AS 42.05.291;
(5) “interconnected electric energy transmission network” means a network of interconnected electrical generation resources, transmission lines, interconnections, and associated equipment operated at voltages of 69 kilovolts or more, operating in a geographic area that are synchronized so that the failure of one or more of the components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within the control of the operators;
(6) “load-serving entity” means an electric utility that has a service obligation to distribute power to more than 10 customers that receive invoices directly from the entity;
(7) “reliable operation” means operating the elements of the interconnected electric energy transmission network within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of the system will not occur as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system elements.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.800. Findings.

The legislature finds that
(1) modern, affordable, efficient, and universally available local and long distance telephone service is essential to the people of the state;
(2) facilities based, long distance telephone service should be provided competitively wherever possible;
(3) technological advances, reduced costs, and increased consumer choices for long distance telephone service, resulting from the adoption of an appropriate competitive market structure, will enhance the state's economic development;
(4) the benefits of competition in long distance telephone service should be shared by consumers throughout the state;
(5) the commission should oversee competition in long distance telephone service to ensure that the competition is fair to consumers and competitors;
(6) the commission should provide for competition in a timely manner and should adopt regulations that eliminate inappropriate impediments to entry for long distance carriers fit, willing, and able to provide service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.820. No municipal regulation.

A long distance telephone company or a local exchange carrier that is exempted in whole or in part from complying with all or a portion of this chapter may not be regulated by a municipality under AS 29.35.060 and 29.35.070.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.830. Exchange access charges.

In providing for competition under AS 42.05.800 - 42.05.890, the commission shall establish a system of access charges to be paid by long distance carriers to compensate local exchange carriers for the cost of originating and terminating long distance services.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.840. Universal service fund.

The commission may establish a universal service fund or other mechanism to be used to ensure the provision of long distance telephone service at reasonable rates throughout the state and to otherwise preserve universal service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.850. Exchange carrier association.

The commission may require the local exchange carriers to form an association to assist in administering the system of access charges and may require the association to file tariffs and to engage in pooling of exchange access costs and revenue if necessary to achieve the purposes of AS 42.05.800 - 42.05.890.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.860. Restrictions on resale of telecommunications services prohibited.

A telephone company may not prohibit or restrict the resale of telecommunications service. If an interexchange telecommunications service is resold, the reseller shall receive credit in an appropriate amount for an applicable exchange access charge if the credit is necessary to prevent double payment of the access charges.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 05. Alaska Public Utilities Regulatory Act › Article 11. Competitive Intrastate Long Distance Telephone Service. › Sec. 42.05.890. Definitions.

In AS 42.05.800 - 42.05.890,
(1) “local exchange carrier” means any carrier certificated to provide local telephone services;
(2) “long distance carrier” or “long distance telephone company” means any carrier certificated to provide long distance telephone services;
(3) “long distance telephone service” or “long distance service” means intrastate, interexchange telephone service.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 1. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.06.140. General powers and duties.

(a) The commission
(1) shall regulate pipelines and pipeline carriers in the state;
(2) may investigate upon complaint or its own motion, the rates, classifications, rules, regulations, prices, services, practices, and facilities of pipeline carriers, and the performance of obligations under and compliance with the terms of leases issued by the state;
(3) may make, prescribe, or require just, fair, and reasonable rates, classifications, regulations, practices, services, and facilities for pipeline carriers;
(4) may require pipeline carriers and affiliated interests to file with the commission reports and other information and data required or permitted to be required by other provisions of this chapter;
(5) may adopt regulations that are necessary and proper to the performance of its duties under this chapter, including regulations governing practices and procedures of the commission; the regulations may not be inconsistent with state law;
(6) shall during normal business hours have access to and may designate any of its employees, agents, or consultants to inspect and examine the accounts, financial and property records, books, maps, inventories, appraisals, valuations, and related reports kept by a pipeline carrier, or kept for it by others, that directly affect the interests of the state and directly relate to pipelines located in the state;
(7) may initiate, intervene in, and appear personally or by counsel and offer evidence in and participate in, any proceedings involving a pipeline carrier and affecting the interests of the state, before any officer, department, board, commission, or court of this state;
(8) shall require permits for the construction, enlargement in size or operating capacity, extension, connection and interconnection, operation or abandonment of any oil or gas pipeline facility or facilities, subject to necessary and reasonable terms, conditions and limitations;
(9) may prescribe the system of accounts and regulate the service of an oil or gas pipeline facility;
(10) shall provide all reasonable assistance to the Department of Law in intervening in, offering evidence in, and participating in proceedings involving a pipeline carrier or affiliated interest and affecting the interests of the state, before an officer, department, board, commission, or court of another state or the United States.
(b) The commission may assign a qualified, unbiased, and impartial administrative law judge, with experience in the general practice of law, to conduct hearings under this chapter. The administrative law judge may perform other duties in connection with the administration of this chapter and other laws. An administrative law judge hired to conduct hearings under this chapter shall have been admitted to practice law for at least five years immediately before appointment under this subsection.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 1. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.06.210. Publication of reports, orders, decisions, and regulations.

All reports, orders, decisions, and regulations of the commission shall be in writing. The commission shall apprise all affected operators of oil or gas pipeline facilities and interested parties of these reports, orders, decisions, and regulations as they are issued and adopted, and, when appropriate to do so, publish them in a manner that will reasonably inform the public or the affected consumers of the services of any oil or gas pipeline facility. The commission may set charges for costs of printing or reproducing and furnishing copies of its 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 06. Pipeline Act › Article 1. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.06.220. Annual report.

The commission shall, by November 15 of each year, publish an annual report reviewing its activities during the previous fiscal year and notify the legislature that the report is available. The report must address the regulation of oil and gas pipeline facilities in the state as of June 30 and must contain details about the commission's compliance with performance measures reported by the commission.
2023 Alaska Statutes › Title 42. Public Utilities and Carriers and Energy Programs › Chapter 06. Pipeline Act › Article 1. Powers and Duties of Regulatory Commission of Alaska. › Sec. 42.06.230. Jurisdiction of commission.

(a) Except as to jurisdiction of the Department of Law as provided by AS 42.06.140(a)(10), the jurisdiction and authority over the subject matter of this chapter is exclusively in the commission. To the extent that the performance of any duties of the commission affects a pipeline carrier or a pipeline subject to regulation under federal law, the performance of its duties may not, as to that pipeline carrier or pipeline, conflict with applicable federal laws, regulations, orders, or other requirements.
(b) The commission's jurisdiction and authority extend to
(1) an oil or gas pipeline facility operating in a municipality, whether home rule or otherwise; if a conflict between a certificate, order, decision, or regulation of the commission and a charter, permit, franchise, ordinance, rule, or regulation of such a local governmental entity occurs, the certificate, order, decision, or regulation of the commission prevails; and
(2) the intrastate transportation of North Slope natural gas through a North Slope natural gas pipeline.
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. 42.06.245. Federally regulated carriers.

The requirements of this chapter pertaining to permits and certificates of public convenience and necessity do not apply to the construction of a pipeline facility exclusively subject to federal jurisdiction or to the interstate portion of the business of a pipeline or pipeline carrier exclusively subject to federal jurisdiction. However, the requirements of this chapter for permits and certificates of public convenience and necessity do apply to all the intrastate portion of the business of a pipeline or pipeline carrier subject to federal jurisdiction whenever it engages in intrastate commerce. However, nothing limits the powers of the commission set out in this chapter except to the extent they are preempted by federal law.
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. 42.06.250. Application.

Application for a certificate shall be made in writing to the commission, verified under oath. The commission, by regulation, shall establish the requirements for the form of the application, and the information to be contained in it. Notice of the application shall be served upon the interested parties in the manner that the commission by regulation requires.
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. 42.06.260. Public hearings.

At least 30 days before issuing a certificate of convenience and necessity, the commission shall hold a public hearing on the application. Copies of the completed application shall be made available to the public at least 10 days before the public hearing date. A transcript of the public hearing shall be included in the permanent record of agency action on that application, and copies of the public hearing transcripts shall be available to the public. The commission may, without notice of hearing and pending the determination of an application for a certificate, issue a temporary certificate in cases of emergency, to assure maintenance of adequate service or to serve particular customers, and may by regulation exempt from the requirements of this section temporary acts or operations for which the issuance of a certificate will not be required in the public interest.
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. 42.06.270. Grant or denial of application.

(a) Unless governed by AS 42.06.240(b), a certificate shall be issued to a qualified applicant, authorizing the whole or any part of the operation, service, construction, extension, or acquisition covered by the application, if it is found that the applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the provisions of this chapter and the requirements and regulations of the commission, and that the proposed service, operation, construction, extension, or acquisition, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise the application shall be denied.
(b) The commission, after a hearing upon its own motion or upon application, may determine the gathering areas, or the routes over which, the fixed termini between which, and the intermediate and off route points, if any, to which each authorization under this section is to be limited.
(c) Nothing contained in this chapter shall be construed as a limitation upon the power of the commission to grant certificates of public convenience and necessity for service of an area, or routes, already being served by another pipeline.
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. 42.06.280. Insurance and security.

The commission may require a lessee to procure and furnish liability and property damage insurance from a company licensed to do business in the state or furnish other security or undertaking upon the terms and conditions the commission considers necessary if the commission finds that the net assets of the lessee are insufficient to protect the public from damage for which the lessee may be liable arising out of the construction or operation of the pipeline.