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 46.320 - Tariff filing submission, calculation of regulatory notice period, and effective date

Current through May 31, 2024
(a) Unless otherwise provided, the regulatory
				  notice period for a tariff filing does not begin until the filing electric
				  reliability organization has complied with this section. If an electric
				  reliability organization submits a tariff filing that does not meet all of the
				  notice and form and filing requirements provided under statute and 3 AAC 46.320
				  - 3 AAC 46.430, and the commission does not waive the requirements of 3 AAC 46.320 - 3 AAC 46.430 under (i) of this section, the commission may reject the
				  filing. For a rejected tariff filing, the regulatory notice period under (c) of
				  this section begins only after the electric reliability organization
				  supplements the filing, within a period specified by the commission, to comply
				  with all applicable requirements. If the electric reliability organization
				  fails to supplement a rejected tariff filing in order to comply with all
				  applicable requirements within the period specified by the commission. the
				  commission will close the tariff filing and return it to the electric
				  reliability organization. If a tariff filing is refiled by the electric
				  reliability organization after the commission has rejected and returned the
				  tariff filing as provided in this chapter, the commission will renumber the
				  tariff filing with the next available tariff number and treat the filing as
				  new.
(b) Unless otherwise specified
				  by order or under another applicable provision of this chapter or 3 AAC 48, an
				  electric reliability organization may submit a tariff filing electronically in
				  accordance with
				  3 AAC 48.095. An electric reliability organization that
				  files by paper shall submit an original and five copies of each tariff filing,
				  unless otherwise specified by the commission.
(c) Each tariff filing submitted to the
				  commission must be transmitted by means of a consecutively numbered tariff
				  letter and must be designated as "TE[number]" followed by a hyphen and the
				  number of the electric reliability organization's certificate. Each tariff
				  letter must contain the applicable information set out in 3 AAC 46.330(a) and
				  must be submitted to the commission not later than 45 days before the filing
				  may take effect, unless the commission by order authorizes the filing to take
				  effect in less than 45 days after the date of filing.
(d) Whether submitted on paper or
				  electronically, a tariff filing made before 5:00 p.m. on a regular business day
				  will be considered filed with the commission for the purpose of determining the
				  regulatory notice period under (c) of this section. The day after the filing is
				  submitted to the commission will be counted as the first day of the period of
				  notice to the commission and public in accordance with
				  AS
				  01.10.080. The regulatory notice period under
				  (c) of this section will be determined in the same manner prescribed in
				  3 AAC 48.090. If a notice period ends on a Saturday,
				  Sunday, or state legal holiday, the notice period will be extended to the end
				  of the commission's next regular business day. In computing the regulatory
				  notice period, consideration will not be given to notice by telephone,
				  electronic mail, or facsimile transmission.
(e) Except as otherwise provided in this
				  chapter, the commission may reject a tariff filing submitted to the commission
				  with insufficient time to accommodate the regulatory notice period under (c) of
				  this section before a proposed effective date.
(f) An electric reliability organization may
				  request a tariff filing take effect, as set out in 3 AAC 46.330(a)(7), before
				  the end of the regulatory notice period under (c) of this section for a tariff
				  filing. If a proposed effective date is not included in a tariff letter, the
				  commission will treat the last day of the regulatory notice period as the
				  proposed effective date, unless the commission suspends the tariff filing in
				  accordance with 3 AAC 46.390(d). The commission may reject a tariff filing if a
				  proposed effective date is more than 90 days after the date the tariff filing
				  is submitted to the commission, except as specifically authorized by the
				  commission on request of the electric reliability organization.
(g) After approval, the commission will
				  validate each effective tariff sheet, form, or other document required by
				  commission order, by placing the commission's date-of-receipt stamp on the
				  upper right comer of each tariff sheet, form, and other document and by
				  entering the appropriate effective date on the bottom right comer of each
				  tariff sheet, form, and other document. The commission will return a copy of
				  each effective tariff sheet, form, and other document required by commission
				  order to the electric reliability organization after the effective date of the
				  filing.
(h) Each effective tariff
				  on file with the commission is lawful until revised in accordance with the
				  procedures established under law and 3 AAC 46.320 - 3 AAC 46.430.
(i) The commission may waive or modify by
				  order the requirements of 3 AAC 46.320-3 AAC 46.430, in whole or in part, upon
				  application and a showing of good cause or on the commission's own motion, if
				  the waiver does not also require a waiver of the requirements set out in AS
				  42.05.
Authority:
AS
						42.05.141
AS
						42.05.151
AS 42.05.762
AS 42.05.765
AS 42.05.770