Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 8 - Refuse Utilities › 3 AAC 52.710 - Certificate of public convenience and necessity

Current through May 31, 2024
(a) A water or
				  wastewater utility must obtain a certificate of public convenience and
				  necessity before it provides service to 15 or more service connections unless
				  it is exempt from regulation under
				  3 AAC 52.700 or is qualified for provisional
				  certification under
				  3 AAC 52.720. A utility that is provisionally
				  certificated under
				  3 AAC 52.720 -
				  3 AAC 52.724 must obtain a certificate of public
				  convenience and necessity if it no longer meets the criteria in
				  3 AAC 52.720 for provisional certification. A utility
				  that is exempt under
				  3 AAC 52.700 or qualified for provisional certification
				  under 3 AAC 52.720 may apply for a
				  certificate of public convenience and necessity.
(b) Except as provided in (c) of this
				  section, an applicant for a certificate of public convenience and necessity
				  must provide the following information on a form prescribed by the commission:
(1) the applicant's legal name and the name
				  under which it proposes to do business;
(2) the address of the applicant's principal
				  national place of business, and, if different, its place of business in this
				  state;
(3) the name, title, and
				  telephone number of the individual who is available to provide the commission
				  with information about the application;
(4) the applicant's type of business
				  structure, including
(A) proof of
				  incorporation, registration, or certification, if applicable; and
(B) the name and address of the applicant's
				  registered agent, if applicable;
(5) the names, titles, responsibilities, and
				  qualifications of key management the applicant employs or will employ,
				  including the individuals responsible for the oversight of its financial and
				  technical staff;
(6) a statement
				  explaining why the public convenience and necessity requires the utility
				  service the applicant will provide;
(7) the name of any other utility providing
				  similar service in, or within one mile of, the area the applicant proposes to
				  serve;
(8) the number and type of
				  customers the applicant expects to serve, by geographic location;
(9) for an existing system, a copy of the
				  approval from the Department of Environmental Conservation to operate a
				  domestic wastewater system under
				  18 AAC 72.240 or to operate a
				  public water system under
				  18 AAC 80.210, as applicable; if
				  the applicant has not yet obtained operating approval, the applicant must file
				  a schedule agreed to by the Department of Environmental Conservation to
				  complete that department's technical requirements for all utility plant that is
				  under construction;
(10) for a
				  water utility, a description of each source of water for the proposed service
				  area, including
(A) the quantity
				  available;
(B) pumping capacity for
				  each source;
(C) reservoir
				  capacity;
(D) the available reserve
				  capacity, in hours, in case of power outages or well failure; and
(E) information regarding the treatment
				  necessary to bring the water into compliance with 18 AAC 80;
(11) for a wastewater utility,
(A) a description of the collection system
				  and treatment facilities;
(B)
				  information regarding the treatment necessary to bring the discharge into
				  compliance with 18 AAC 70 and 18 AAC 72, and the method of disposal of treated
				  effluent for the proposed service area; and
(C) information on the receiving environment
				  into which the effluent will be discharged;
(12) documentation that the applicant
				  complies with the Department of Environmental Conservation's operator
				  certification requirements at
				  18 AAC 74.010; if the applicant is
				  not in compliance with the operator certification requirements, the applicant
				  must file a schedule to come into compliance with those requirements;
(13) a statement confirming that a water
				  meter is installed, calibrated, and working at the entrance to the distribution
				  system;
(14) a written description
				  and a map of the utility's proposed service area;
(15) a tariff of rates and services that
				  complies with
				  3 AAC 48.320 -
				  3 AAC 48.390 if the utility will be subject to economic
				  regulations within the meaning of
				  3 AAC 48.820, or that complies with
				  3 AAC 52.730 -
				  3 AAC 52.740 if the utility will not be subject to
				  economic regulations within the meaning of
				  3 AAC 48.820;
(16) pro forma financial schedules showing
				  the calculation of the rate base for the utility using the appropriate uniform
				  standard of accounts applicable under
				  3 AAC 48.277 to the utility;
(17) an income statement and balance sheet
				  for the most recent fiscal year for existing systems; an actual income
				  statement and balance sheet from the owner of the utility may be substituted
				  for a new water or wastewater utility that has not begun providing service or
				  that has not completed a full fiscal year of service;
(18) information on the sources of financing
				  for the utility, including grants and loans;
(19) a verification signed by the person
				  authorized to sign on behalf of the applicant that all of the information
				  provided in the application is true, accurate, and complete;
(20) additional filings as required by the
				  commission to explain or supplement the information filed under this
				  subsection.