reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 3 - Division of Measurement Standards › Chapter 36 - Standards for Mobile Homes (Deleted)

Current through May 31, 2024
Chapter 104 SLA 1980 repealed the statutes granting authority
				  to the Department of Commerce and Economic Development to adopt regulations
				  setting standards for mobile homes. Therefore, those regulations, in 3 AAC 36,
				  have been deleted from the Alaska Administrative Code, as of Register 75. They
				  were grouped into three articles: art. 1, plan approval (3 AAC 36.010 - 3 AAC
				  36.170); art. 2, construction standards (3 AAC 36.180 and 3 AAC 36.190); and
				  art. 3, definitions (3 AAC 36.200). See  42 U.S.C. §
											5401  et seq. (National
				  Mobile Home Construction and Safety
				  Standards).
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 4 - Division of Energy and Power Development (Deleted)

Current through May 31, 2024
Effective 9/22/84, Register 91, under the authority of
				AS
				44.62.125(b)(6) and
				AS
				01.05.031(b)(11), the
				regulations attorney has deleted 3 AAC 37.010 - 3 AAC 37.990 in recognition of
				the transfer in secs. 2 and 10, ch. 79, SLA 1983, of the authority for energy
				conservation programs from the Department of Commerce and Economic Development
				to the Department of Community and Regional Affairs. For regulations dealing
				with energy conservation programs, see 19 AAC
				69.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 4A - Air Carrier Compliance Certificates › Chapter 38 - Air Carrier Compliance Certificates › 3 AAC 38.010 - Air carrier certificate fees

Current through May 31, 2024
The annual fee for a certificate of compliance for one
				  aircraft is $50, for two aircraft is $100, and for a fleet of three or more
				  aircraft is $150.
Authority:
AS
					 42.30.225(b)
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 40 - Guaranteed Loans › 3 AAC 40.010 - Guaranteed loan provisions

Current through May 31, 2024
(a) Guaranty of
				loans by the Division of Veterans' Affairs shall provide that the notice of
				default is to be given within 90 days after default, and that such notice shall
				be in writing. If such notice is not given in writing within 90 days after
				default in interest or principal payments, the guaranty shall be null and void.
				The guaranty shall further provide for assignment of the veteran's note and
				mortgage to the division in the event the division is called upon to honor the
				guaranty.
(b) A loan otherwise
				eligible to be guaranteed which is for an amount over the legal maximum may be
				guaranteed only for the legal maximum amount. In that case the guaranty applies
				to the first and all subsequent amounts repaid until the balance has been
				reduced by the amount of the guaranty, at which time the guaranty shall become
				void. Then the remaining balance will be eligible for a new guaranty.
Authority:
AS
					 26.15.010
AS
					 26.15.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.010 - Application process

Current through May 31, 2024
(a) To apply for an assumption of an existing
				single family, multiple dwelling, or small business veterans' loan, an
				applicant shall file with the department
(1)
				a completed application for a veterans' loan assumption, on a form provided by
				the department;
(2) an individual
				financial statement from each individual applicant, including each member of a
				partnership or other association, or, if the applicant is a corporation, each
				individual owning 10 percent or more of any outstanding shares, on a form
				provided by the department;
(3) a
				business financial statement if applicable, on a form provided by the
				department;
(4) a signed credit
				authorization on a form provided by the department;
(5) repealed 8/10/97;
(6) an employment verification form, on a
				form provided by the department;
(7) an earnest money agreement explaining all
				terms and conditions of the transaction with signatures by all
				parties;
(8) signed copies of the
				applicant's federal income tax returns for the preceding three years, including
				returns for each member of a partnership or other association;
(9) a $100 nonrefundable application
				fee;
(10) repealed 8/10/97;
				and
(11) any other information that
				might be helpful to the applicant in demonstrating eligibility for a loan, as
				requested by the department.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.015 - Examination

Current through May 31, 2024
(a) The materials described in
				3 AAC 41.010 will be processed and evaluated by a loan
				officer. The loan officer will evaluate the applicant's financial and credit
				history, ability to repay, and proposed collateral.
(b) On the basis of the evaluation, the loan
				officer will either inactivate the application due to lack of information
				required under
				3 AAC 41.010, or recommend proposed action on the loan
				request to the appropriate loan committee. However, the recommendation of a
				loan officer is not binding on a loan committee.
Authority:
AS
					 26.15.010
AS 26.15.030
AS
					 26.15.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.020 - Loan committee

Current through May 31, 2024
(a) A loan committee consists of one or more
				persons appointed by the director to act on a request for assumption.
(b) A loan committee may approve, deny, or
				modify and approve a request for assumption, or may table a request subject to
				obtaining additional information.
(c) A loan committee may impose reasonable
				conditions on the approval of an assumption, including
(1) additional collateral to secure the
				loan;
(2) additional guarantors;
				and
(3) subordination of prior
				lienholders rights to the interests of the state.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.040 - Financial and credit record

Current through May 31, 2024
(a) The department
				will, in its discretion, consider the following factors in evaluating an
				applicant's financial and credit record:
(1)
				existing and prior debts;
(2)
				credit reports obtained from creditors and private credit reporting
				services;
(3) prior loan history
				with the department;
(4) timeliness
				in making payments on loans and other debts;
(5) prior bankruptcies;
(6) existence of tax liens;
(7) unpaid judgments and prior foreclosures;
				and
(8) financial and credit
				reputation.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.045 - Ability to repay

Current through May 31, 2024
The department will, in its discretion, consider the
				  following factors in evaluating an applicant's ability to repay a proposed
				  assumption:
(1) income history,
				including present income;
(2)
				prospects for future income;
(3)
				assets and their liquidity; and
(4)
				liabilities.
Authority:
AS
					 26.15.010
AS 26.15.030
AS
					 26.15.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.065 - Closing an assumption

Current through May 31, 2024
An assumption agreement will be considered by the department
				  to be closed when
(1) all required
				signatures have been obtained and the assumption agreement has been properly
				recorded;
(2) repealed
				8/10/97;
(3) all requirements of
				the loan committee have been met; and
(4) the borrower is in compliance with all
				provisions of the loan documents, including insurance requirements, and this
				chapter.
Authority:
AS
					 26.15.010
AS 26.15.030
AS
					 26.15.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.070 - Supervision of loans

Current through May 31, 2024
If a loan is in default, the department will, in its
				  discretion, require the borrower to furnish annual financial statements
				  consisting of a balance sheet, profit-and-loss statement, sources and
				  application of all money received, and a schedule of change of owner's equity.
				  The department will, in its discretion, also require an audit or audits to
				  determine whether the borrower has complied with the provisions of the
				  assumption, and conduct periodic inspections of collateral.
Authority:
AS
					 26.15.010
AS 26.15.030
AS
					 26.15.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.075 - Costs

Current through May 31, 2024
(a) All expenses incurred by the department
				in processing an application must be paid by the applicant. These expenses
				include the cost of title reports and insurance, recording fees, appraisals,
				surveys, travel, and other direct costs.
(b) An assumption fee of one percent of the
				remaining loan balance is due from the borrower when all provisions of
				3 AAC 41.065 have been met.
(c) A late fee not to exceed five percent of
				the payment amount will, in the department's discretion, be charged to a
				borrower for each loan payment that is more than 15 days past due.
(d) An extension fee not to exceed $100 will,
				in the department's discretion, be charged to a borrower to process a loan
				extension.
Authority:
AS
					 26.15.010
AS
					 26.15.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.080 - Assumptions

Current through May 31, 2024
(a) The department will, in its discretion,
				allow an assumption of a loan made under AS 26.15 and this chapter, if the
				department determines the assumption is in the best interests of the
				state.
(b) A request for an
				assumption of a loan made under AS 26.15 and this chapter will be processed in
				the same manner as a loan application. If necessary to evaluate the request,
				the department will, in its discretion, require that the applicant supply one
				or more of the items specified in
				3 AAC 41.010, before the request will be
				processed.
(c) Wraparound financing
				that includes a loan made under AS 26.15 and this chapter is prohibited and
				constitutes a default on the loan.
Authority:
AS
					 26.15.010
AS 26.15.030
AS
					 26.15.040
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.082 - Modifications

Current through May 31, 2024
(a) A request for a modification to a loan
				made under AS 26.15 or assumed under this chapter will be processed in the same
				manner as a loan application. The department will, in its discretion, require
				one or more of the items specified in
				3 AAC 41.010.
(b) A loan committee may permit a loan
				modification only if the security of the state and its investment is
				preserved.
Authority:
AS
					 26.15.010
AS
					 26.15.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.085 - Reconsideration of assumption request

Current through May 31, 2024
(a) If an
				assumption request is denied, inactivated, or significantly modified by the
				department, an applicant may file a written request for reconsideration within
				30 days after receipt of notice of the department's decision.
(b) The department will, in its discretion,
				reconsider a request upon a showing by the applicant that
(1) there has been a substantial change in
				the circumstances leading to the department's decision;
(2) additional relevant information can be
				provided to the department that was not initially available; or
(3) administrative errors were made by the
				department.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.090 - Confidentiality of loan information

Current through May 31, 2024
(a) The following
				information is not confidential and is available for public inspection upon
				request:
(1) a document that is already a
				public record including deeds of trust, financing statements, warranty deeds,
				bills of sale, mortgages, liens, and vehicle titles;
(2) general information regarding loans,
				including the original loan, loan terms, personal guarantees, and disbursement
				and repayment schedules;
(3)
				insurance matters including title insurance policies and correspondence with
				insurance companies or borrowers regarding losses, accident reports, and
				nonpayment of premiums; and
(4)
				foreclosure and default proceedings.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 5 - Division of Veterans' Affairs › Chapter 41 - Veteran's Loan Assumptions › 3 AAC 41.900 - Definitions

Current through May 31, 2024
Unless the context requires otherwise, in this chapter
(1) repealed 8/10/97;
(2) "default" means a violation of any term
				of the loan document, or failure to make the necessary payment within fifteen
				days of when it is due, or failure to maintain the insurance required by the
				department;
(3) "department" means
				the Department of Commerce, Community, and Economic Development;
(4) "wraparound financing" means a contract
				that includes the balance due on an existing debt and an additional amount to
				cover the difference between the selling price and the existing debt;
(5) "director" means the division assigned
				economic development functions or its successor agency in the
				department.
As of Register 171 (October 2004), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to reflect
					 the name change of the Department of Community and Economic Development to the
					 Department of Commerce, Community, and Economic Development made by ch. 47, SLA
					 2004 and the corresponding title change of the commissioner of community and
					 economic development.
Authority:
AS
					 26.15.010
AS
					 26.15.030
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 6 - Alaska Pipeline Commission (Repealed)

Current through May 31, 2024
In accordance with the transfer of administrative
				responsibility for the Pipeline Act (AS 42.06), enacted in ch. 110 SLA 1981,
				from the Alaska Pipeline Commission to the Alaska Public Utilities Commission,
				regulations in 3 AAC 43 are repealed effective 6/29/84, Register 90. Current
				provisions concerning responsibilities under the Pipeline Act are found in 3
				AAC 48.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.010 - Petitions

Current through May 31, 2024
(a) A petition filed under this chapter must
				  be in writing and formatted in compliance with
				  3 AAC 48.025
				  and
				  3 AAC 48.100.
(b) The commission will docket and consider,
				  in a formal proceeding in conformance with
				  3 AAC 48.060(a) - (c), a petition filed
				  under this chapter, except that
(1) the
				  commission will docket and consider, in a formal proceeding in conformance with
				  the process established in AS 42.05.780(b), a petition filed under 3 AAC 46.220;
(2) the commission will
				  docket and consider, in a formal proceeding under the process established in 3 AAC 46.390, a tariff letter filed under 3 AAC 46.330; and
(3) the commission will docket and consider,
				  in a formal proceeding under the process established in 3 AAC 46.470(f), an
				  electric reliability organization rule letter filed under 3 AAC 46.470.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.020 - Motions

Current through May 31, 2024
(a) A request for commission action under
				  this chapter that is not required to be in the form of a petition or an
				  application must be filed in the form of a motion.
(b) A motion filed under this chapter must be
				  filed in compliance with the requirements of
				  3 AAC 48.090 - 3 AAC 48,095.
Authority:
AS
						42.05.141
AS
						42.05.151
AS 42.05.770
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.030 - Petition for exemption from the requirement to form an electric reliability organization

Current through May 31, 2024
(a) A petition for exemption filed under AS
				  42.05.760(d) by all load-serving entities within an interconnected
				  bulk-electric system must be filed not later than 90 days after the commission
				  provides notice under AS 42.05.760(c) to the load-serving entities.
(b) If a petition for exemption from the
				  requirement to form an electric reliability organization is filed under AS
				  42.05.760(d), the requirement in AS 42.05.760(e)(1) that the commission form
				  and certificate an electric reliability organization is stayed pending the
				  commission's decision on the petition for exemption.
(c) An application for certification as an
				  electric reliability organization filed not later than 90 days after the
				  commission provides notice to the load-serving entities under AS 42.05.760(c)
				  will be processed even if the load-serving entities file a petition for
				  exemption under AS 42.05.760(d). However, if the commission grants the petition
				  for exemption, the application will be denied.
(d) If the commission denies a petition for
				  exemption filed under AS 42.05.760(d), the commission will continue to process
				  a filed application for certification as an electric reliability organization
				  or, if no application has been filed, the commission will proceed to form and
				  certificate an electric reliability organization.
(e) Not later than 15 business days after a
				  petition for exemption under AS 42.05.760(d) is filed, a person
(1) may file comments in support of or in
				  opposition to the petition; or
(2)
				  may file a protest setting out the legal and policy reasons why the petition
				  must be denied; a petition for intervention must accompany the
				  protest.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.040 - Petition to find an electric reliability organization should be established

Current through May 31, 2024
(a) A petition under AS 42.05.760(f) for an
				  interconnected electric energy transmission network that is not an
				  interconnected bulk-electric system must include
(1) verification, signed by a person
				  authorized to sign on behalf of the petitioner, that the load-serving entity
				  filing the petition is interconnected with the interconnected electric energy
				  transmission network and that the governing body of the load-serving entity has
				  approved the petition, and include a copy of all written public comments
				  received; and
(2) an application
				  conforming with the requirements of 3 AAC 46.090 as an informational
				  filing.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.050 - Electric reliability organization certificates

Current through May 31, 2024
(a) In a
				  certificate issued to an electric reliability organization, the commission will
				  describe the nature and extent of the authority granted to the organization
				  under AS 42.05.760 - 42.05.790 for an interconnected electric energy
				  transmission network.
(b) The
				  certificate of an electric reliability organization expires after six years.
				  Not less than two years before the date of expiration, the electric reliability
				  organization must notify the commission if it declines to seek certificate
				  renewal. Absent that notice, the electric reliability organization's
				  certificate automatically renews, and the organization shall retain it unless
				  the commission finds, after notice and an opportunity to be heard, that the
				  electric reliability organization no longer meets the requirements of this
				  section for the form of board under which it received its
				  certificate.
(c) If the commission
				  receives competing applications from entities seeking certification as the
				  electric reliability organization for an interconnected bulk-electric system,
				  the commission will issue the certificate to the entity that is able both to
				  best fulfill the duties associated with AS 42.05.762 and to most fairly
				  consider stakeholder class interests.
(d) During the period between one
				  certificate's expiration and the issuance of a subsequent certificate, the
				  commission will consider the most recently approved tariffed reliability
				  standards to continue to satisfy the requirements of
				  AS
				  42.05.291(c).
(e) Upon complaint or upon its own motion the
				  commission, after notice and opportunity for hearing and for good cause shown,
				  may amend, modify, suspend, or revoke a certificate issued to an electric
				  reliability organization, in whole or in part. Good cause for amendment,
				  modification, suspension, or revocation of a certificate includes
(1) the requirements of the public
				  interest;
(2) misrepresentation of
				  a material fact in obtaining the certificate;
(3) unauthorized discontinuance or
				  abandonment of all or part of an electric reliability organization's
				  duties;
(4) willful failure to
				  comply with the provisions of AS 42.05.760 - 42.05.790, this chapter, or the
				  orders of the commission; or
(5)
				  willful failure to comply with a term, condition, or limitation of the
				  certificate.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.060 - Certification of an electric reliability organization with a balanced stakeholder board

Current through May 31, 2024
(a) The commission may issue a certificate to
				  an applicant formed with a balanced stakeholder board under AS
				  42.05.762(4)(B)(ii) only after the commission finds that the stakeholder board
				  is balanced.
(b) A stakeholder
				  board is balanced if
(1) the composition of
				  the board is based on a stakeholder classification;
(2) each board member has a single
				  stakeholder class to which it is designated;
(3) each board member is associated with,
				  drawn from, and understands and can articulate the interests of its designated
				  stakeholder class;
(4)
				  consideration and the avoidance of undue attenuation or amplification of
				  relevant stakeholder class interests are ensured through
(A) membership in and composition of the
				  board;
(B) board and committee
				  voting procedures and requirements; and
(C) the sufficiency of resources available to
				  board members to effectively participate in the electric reliability
				  organization; and
(5)
				  its organization has procedures to ensure that the requirements of (4) of this
				  subsection continue to be satisfied as relevant stakeholder class interests
				  change; these procedures must
(A) allow a
				  person to propose an additional or different stakeholder
				  classification;
(B) enable
				  evaluation of whether the requirements of (4) of this subsection continue to be
				  satisfied; and
(C) allow the
				  organization to timely modify board composition, applicable committee voting
				  procedures, or the resources available to board members or take other actions
				  to satisfy the requirements of (4) of this subsection.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.070 - Certification of an electric reliability organization with an independent board or a combination independent and balanced stakeholder board

Current through May 31, 2024
(a) The
				  commission may issue a certificate to an applicant formed with an independent
				  board consistent with AS 42.05.762(4)(B)(i) only after the commission finds
				  that the board is, and has rules to ensure that it is likely to remain,
				  independent. A board is Independent if no board member
(1) is an employee of the electric
				  reliability organization;
(2) is
				  employed or contracted by a registered entity, within the interconnected
				  bulk-electric system of the applicable electric reliability organization, that
				  generates, transmits, distributes, or stores electricity for direct
				  compensation, or by a person who is expected to become such a registered entity
				  within the reasonably foreseeable future;
(3) has an immediate family member who is
				  employed or contracted by a registered entity, within the interconnected
				  bulk-electric system of the applicable electric reliability organization, that
				  generates, transmits, distributes, or stores electricity for direct
				  compensation, or by a person who is expected to become such a registered entity
				  within the reasonably foreseeable future; or
(4) is reasonably perceived as having, or has
				  an immediate family member who is reasonably perceived as having, a direct and
				  material financial interest in the board's decisions.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.080 - Balanced board safe harbor

Current through May 31, 2024
(a) An application
				  for a certificate for an electric reliability organization with a balanced
				  stakeholder board consistent with AS 42.05.762(4)(B)(ii) or combination
				  independent and balanced stakeholder board consistent with AS
				  42.05.762(4)(B)(iii) has a rebuttable presumption that the board meets the
				  requirements of 3 AAC 46.060(b)(1) and (4)(A) and (B), if the application
				  satisfies each of the following conditions:
(1) stakeholders that have designated
				  directors are classified so that
(A) provider
				  stakeholder classes are sub-classified, as distinguished by
(i) whether a class's stakeholders stand to
				  profit from the construction of new facilities used to provide electrical
				  service for compensation;
(ii)
				  whether the assets of a class's stakeholders are primarily or entirely owned by
				  the state;
(iii) whether a class's
				  stakeholders own or operate assets involved in two or more functions of
				  electricity distribution, transmission, generation, and storage, regardless of
				  whether the assets are part of an interconnected electric energy transmission
				  network; and
(iv) whether a class's
				  stakeholders own or operate assets involved in only one function of electricity
				  distribution, transmission, generation, and storage, and if so, the particular
				  function; and
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.100 - Commission formation of an electric reliability organization

Current through May 31, 2024
(a) The commission
				  will open a docket to form an electric reliability organization for an
				  interconnected bulk-electric system if
(1)
				  required under AS 42.05.760(e);
(2)
				  the certificate of the electric reliability organization serving an
				  interconnected bulk-electric system expires under 3 AAC 46.050(b); or
(3) the commission has revoked, under 3 AAC 46.050(e), the certificate of the electric reliability organization serving an
				  interconnected bulk-electric system.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.110 - Independence of directors and electric reliability organization action

Current through May 31, 2024
(a) To ensure
				  that the electric reliability organization and its directors act independently
				  of the users, owners, and operators of the interconnected electric energy
				  transmission network, directors, employees, and members of committees shall
				  abide by rules that must, at a minimum, include
(1) explicit prohibitions of
(A) the use of electric reliability
				  organization equipment or tools for unauthorized projects or
				  activities;
(B) payment or
				  acceptance of bribes, kickbacks, or other improper payments while conducting
				  the business of the electric reliability organization; and
(C) the use of position, title, or employment
				  status at the electric reliability organization to exert inappropriate
				  influence for personal gain or benefit, or the gain or benefit of an
				  individual's employers;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.120 - Penalties imposed by the electric reliability organization

Current through May 31, 2024
(a) An electric
				  reliability organization shall file a notice of penalty and the record of its
				  proceeding with the commission and provide a copy of the notice of penalty to
				  the entity that is the subject of the penalty. A notice of penalty by the
				  electric reliability organization must include
(1) the name of the entity subject to the
				  penalty;
(2) identification of each
				  violated reliability standard;
(3)
				  a statement setting out findings of fact with respect to the act or practice
				  resulting in the violation of each reliability standard;
(4) a statement describing the monetary or
				  nonmonetary penalty imposed; and
(5) other matters the electric reliability
				  organization finds relevant to the imposition of the penalty.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.130 - Penalties imposed by the commission

Current through May 31, 2024
(a) Upon
				  notification of a potential violation of a reliability standard or on its own
				  motion, the commission may direct the electric reliability organization to
				  investigate the potential violation in accordance with the electric reliability
				  organization's tariff.
(b) The
				  commission may, on its own motion, open an investigation into a potential
				  violation of a reliability standard.
(c) For a commission-imposed penalty, the
				  penalty shall be levied consistent with the electric reliability organization's
				  tariff or AS 42.05,571.
Authority:
AS
						42.05.141
AS
						42.05.151
AS
						42.05.571
AS 42.05.770
AS 42.05.775
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.140 - Appeal of penalties

Current through May 31, 2024
(a) An entity subject to a penalty imposed by
				  the electric reliability organization may appeal the penalty amount or
				  imposition to the commission not later than 10 business days after receiving
				  notice of the penalty.
(b) An
				  appeal under this section is initiated by serving and filing a notice of appeal
				  consistent with the requirements of
				  3 AAC 48.090. The notice of appeal must be served on the
				  electric reliability organization and explain the basis for appealing the
				  assessment or the amount of the penalty, and may be supplemented by the
				  appellant, electric reliability organization, or commission with information
				  excluded from the record of the proceedings submitted by the electric
				  reliability organization.
(c) The
				  scope of an appeal of a penalty is limited to review and consideration of the
				  evidence and argument presented to determine whether a violation of a
				  reliability standard occurred and, if so, whether the penalty imposed is
				  appropriate.
(d) The commission
				  may, after notice and an opportunity to be heard, stay a penalty.
(e) The commission will issue a remand of the
				  penalty by written order informing the electric reliability organization of
(1) the deficiencies of the penalty
				  assessment process or amount; and
(2) expectations regarding the remanded
				  penalty assessment process and relevant considerations regarding the penalty
				  amount,
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.150 - Payment of monetary penalties

Current through May 31, 2024
(a) Monetary
				  penalties imposed under this chapter by an electric reliability organization
				  must be remitted to the electric reliability organization and must be used to
				  offset the costs of the electric reliability organization.
(b) Monetary penalties imposed by the
				  commission must be remitted to the commission in compliance with
				  3 AAC 48.030.
Authority:
AS
						42.05.141
AS
						42.05.151
AS 42.05.762
AS 42.05.770
AS 42.05.775
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 1 - Certification and Practice of Electric Reliability Organizations › 3 AAC 46.160 - Continuing requirements

Current through May 31, 2024
(a) On or before
				  October 1 of each year, an electric reliability organization shall
				  electronically file with the commission, in accordance with
				  3 AAC 48.095, on a form provided by the commission, a report
				  containing
(1) the organizational structure
				  for the electric reliability organization, that includes committee
				  descriptions;
(2) a discussion of
				  the electric reliability organization's major activities, accomplishments,
				  penalties, and events;
(3) a
				  self-assessment describing how the electric reliability organization continues
				  to comply with the requirements of AS 42.05.762;
(4) a narrative describing the electric
				  reliability organization's compliance with 3 AAC 46.060(b)(5)(B) for balanced
				  stakeholder boards, with 3 AAC 46.070(a) for independent stakeholder boards, or
				  with both 3 AAC 46.060(b)(5)(B) and 3 AAC 46.070(a) for combination independent
				  and balanced stakeholder boards, as applicable to the type of board governing
				  the electric reliability organization;
(5) staffing and organization charts;
				  and
(6) a description of the board
				  members or electric reliability organization personnel that establish the
				  technical competency required under AS 42.05.762.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 2 - Integrated Resource Plans and Large Project Preapproval › 3 AAC 46.220 - Integrated resource plan petition requirements

Current through May 31, 2024
(a) An electric
				  reliability organization transmitting to the commission a petition for a new or
				  updated integrated resource plan must transmit the petition under a
				  consecutively numbered cover letter designated as "Electric Reliability
				  Organization Petition Letter No. 1, 2, 3, etc.", identified in the commission's
				  records with the prefix "EP." The petition must include
(1) a description of stakeholder involvement
				  and public process in accordance with the criteria in 3 AAC 46.260(a);
(2) an explanation of
				  substantial deviations from a previous plan, if applicable, including
				  deviations from previously anticipated demand forecasts;
(3) the date the copy of the proposed
				  integrated resource plan was provided to the registered entities under 3 AAC 46.260(a)(1); and
(4) the
				  integrated resource plan, the form of which is described in 3 AAC 46.230.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 2 - Integrated Resource Plans and Large Project Preapproval › 3 AAC 46.230 - Integrated resource plan requirements

Current through May 31, 2024
(a) Under AS
				  42.05.780, an electric reliability organization shall submit a proposed
				  integrated resource plan to the commission. The integrated resource plan must
				  address a forecast period of not less than 20 calendar years from the date of
				  filing and must include portfolios, including a preferred portfolio, each of
				  which must comply with the electric reliability organization's reliability
				  standards and certificate requirements. The integrated resource plan must
(1) contain an executive summary that
				  provides
(A) the goals and objectives of the
				  integrated resource plan; and
(B) a
				  summary of the integrated resource plan process and approach;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 2 - Integrated Resource Plans and Large Project Preapproval › 3 AAC 46.240 - Approval, rejection, or suspension of an integrated resource plan

Current through May 31, 2024
(a) Not later than
				  45 days after receipt, the commission will approve, reject, or suspend an
				  integrated resource plan or plan update filed under a petition letter from an
				  electric reliability organization.
(b) If the commission approves an integrated
				  resource plan, the commission will issue an approval order within the 45-day
				  statutory notice period under AS 42.05.780(b).
(c) If an electric reliability organization
				  submits an integrated resource plan or plan update that does not meet all of
				  the form and filing requirements provided under statute, 3 AAC 46.220, and 3 AAC 46.230, and the commission does not waive requirements under 3 AAC 46.220(b) or 3 AAC 46.230(b),
(1) the
				  commission may reject the filing; unless the electric reliability organization
				  perfects the filing, a rejected filing is void;
(2) for a rejected integrated resource plan
				  or plan update, the statutory notice period under AS 42.05.780(b) begins only
				  after the filing is supplemented, within a period specified by the commission,
				  to comply with all applicable requirements; if an electric reliability
				  organization
(A) fails to supplement a
				  rejected integrated resource plan or plan update in order to comply with all
				  applicable requirements within the period specified by the commission, the
				  commission will close the integrated resource plan or plan update and return it
				  to the electric reliability organization;
(B) refiles an integrated resource plan or
				  plan update that has previously been rejected, the commission will renumber the
				  integrated resource plan or plan update with the next available petition letter
				  number and treat it as a new filing.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 2 - Integrated Resource Plans and Large Project Preapproval › 3 AAC 46.250 - Timing of integrated resource plans and updates

Current through May 31, 2024
(a) Unless a
				  complete integrated resource plan consistent with the requirements of 3 AAC 46.230 is required, an electric reliability organization shall file a plan
				  update within two years after the filing of its previous integrated resource
				  plan. A plan update must include
(1) an
				  updated demand forecast, using the same methodologies as deployed in the most
				  recent integrated resource plan;
(2) a comparison of the updated demand
				  forecast with the demand forecast contained in the most recent integrated
				  resource plan;
(3) an assessment of
				  progress to date on the action plan provided in the most recent integrated
				  resource plan; and
(4) an
				  assessment of materially changed circumstances that have bearing on or affect
				  the planning environment; the assessment must address
(A) technological advancements that may
				  affect a public utility's ability to efficiently meet service requirements to
				  its customers;
(B) actual
				  retirements of and additions to interconnected generation resources,
				  transmission lines, and associated equipment since the previous integrated
				  resource plan was filed;
(C) state
				  or federal policy actions; and
(D)
				  reliability standards approved after the last complete update of an integrated
				  resource plan.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 2 - Integrated Resource Plans and Large Project Preapproval › 3 AAC 46.260 - Integrated resource plan notification, protest process, and returning orders

Current through May 31, 2024
(a) Not
				  later than 20 calendar days before filing an integrated resource plan with the
				  commission, an electric reliability organization shall
(1) make a good faith effort to
				  electronically notify each registered entity of its intent to file an
				  integrated resource plan and make available the integrated resource plan and
				  all non-confidential work papers that support the integrated resource plan;
				  and
(2) publish on its website a
				  notice of its intent to file an integrated resource plan.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 2 - Integrated Resource Plans and Large Project Preapproval › 3 AAC 46.270 - Large project preapproval

Current through May 31, 2024
(a) Upon
				  certification of an electric reliability organization, any large energy
				  facility that has not yet completed construction is subject to the requirements
				  of AS 42.05.785.
(b) A utility that
				  has undertaken but not completed a large energy facility before commission
				  approval of the first integrated resource plan satisfies the requirements of AS
				  42.05.785(a) if the utility undertaking the large energy facility attests that
				  it undertook its project before
(1) commission
				  approval of an electric reliability organization's first filed reliability
				  standards, other than reliability standards that the commission previously
				  adopted; and
(2) certification of
				  an electric reliability organization.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning › Article 3 - Electric Reliability Organization Tariffs and Rules › 3 AAC 46.330 - Tariff letters for electric reliability organizations

Current through May 31, 2024
(a) Every tariff
				  filing required by 3 AAC 46.320 - 3 AAC 46.430, except a filing directly
				  related to an application for a new or amended certificate, must be transmitted
				  to the commission by a consecutively numbered tariff letter, as set out in 3 AAC 46.320(c). A tariff letter may be on either letterhead or plain paper, but
				  must be formatted to print eight and one-half inches by 11 inches in size, must
				  contain the name and return address of the filing electric reliability
				  organization, and must contain the name, return address, and electronic mail
				  address of the filing electric reliability organization's representative
				  authorized to issue tariffs. A tariff letter must
(1) list the tariff letter number;
(2) specify the statutes, regulations, or
				  commission order under which the filing is made;
(3) list the tariff sheets, forms, or other
				  documents required by commission order that are being filed;
(4) summarize the proposed tariff
				  revision;
(5) provide a summary of
				  the proceeding or stakeholder process leading to the development of the
				  proposed tariff filing;
(6) provide
				  a summary of how the proposed tariff filing is just, reasonable, not unduly
				  discriminatory or preferential, and in the public interest;
(7) include a request, if applicable, for the
				  tariff filing to take effect before the end of the regulatory notice period
				  under 3 AAC 46.320(c), including a proposed effective date and explanation
				  demonstrating good cause showing why the early effective date is necessary;
				  and
(8) include a request, if
				  applicable, for interim approval of the electric reliability organization
				  surcharge.