Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 48 - Practice and Procedure › Article 1 - Practice Before the Commission › 3 AAC 48.020 - Communications

Current through May 31, 2024
(a) All correspondence with the commission
				  should be addressed to the commission at its principal office and not to an
				  individual staff member or commissioner unless otherwise specifically
				  authorized or directed by the commission. If a written communication to the
				  commission is in response to correspondence or an order of the commission, the
				  response should make reference to the docket number, informal complaint number
				  or file reference used by the commission.
(b) Repealed 6/29/84.
(c) Each written communication should embrace
				  only one subject and should include the name and return address of the sender,
				  the correct docket number and the commission's file reference, if any, to which
				  the communication relates.
(d) If
				  the writer holds a certificate of public convenience and necessity or an
				  electric reliability organization certificate, the certificate holder shall use
				  the name on the certificate and state the certificate number. The commission
				  may disregard correspondence not complying with this subsection. The commission
				  may consider any correspondence as an initiatory pleading and proceed
				  accordingly.
(e) Written
				  communications are considered to be officially received when delivered to the
				  commission's office or received electronically through the commission's
				  electronic filing systems. A commissioner, or an employee designated by the
				  commission, may also receive written communications under conditions prescribed
				  by the commission.
(f)
				  Correspondence signed by an individual staff member or commissioner does not
				  state an official determination by the commission unless the signature is
				  preceded by the recital "By Direction of the Commission." The presence of this
				  recital constitutes presumptive evidence that the signatory has been delegated
				  specific authority to state the commission's official action in the particular
				  matter. Staff correspondence containing routine interpretations regarding
				  tariffs, accounting, or any other matter under a general delegation of
				  authority will not contain the above recital but will, instead, state that the
				  staff interpretation is subject to direct appeal to the commission by
				  application, petition, or motion.
(g) A commissioner, presiding officer, or
				  commission staff member may not, except upon reasonable notice and opportunity
				  for all parties to participate, communicate with a party, and other affected
				  persons, about any issue of fact, law, or policy in a pending adjudicatory
				  proceeding.
(h) Communications not
				  prohibited by (g) of this section include communications
(1) to discuss scheduling or procedural
				  matters;
(2) between the presiding
				  officer and parties, designed to produce a settlement; with the consent of all
				  parties, the presiding officer may continue to preside in the same
				  proceeding;
(3) between a regulated
				  entity and the commission staff in a preliminary investigation of a tariff
				  filing before
(A) suspension under
				  AS
				  42.05.421; or
(B) suspension of a tariff filing under AS
				  42.05.765 and regulations that implement tariff requirements under AS
				  42.05.770;
(4) between
				  a regulated entity and the commission staff in a preliminary investigation of
				  an electric reliability organization rule filing before suspension under AS
				  42.05.767;
(5) between a regulated
				  entity and the commission staff in review of an electric reliability
				  organization budget filing;
(6)
				  between the commission staff and an applicant for certification, registration,
				  or another ruling by the commission, if the applicant is the only party to a
				  proceeding; or
(7) during a
				  scheduled meeting between commissioners or commission staff members and a
				  regulated entity to discuss utility and pipeline projects, industry trends,
				  technology, and developments, if those persons do not discuss an issue in a
				  pending adjudicatory proceeding; within two business days after that meeting, a
				  commissioner or commission staff member involved in the communication shall
				  submit, by electronic mail or in writing to the commission staff member who
				  supervises the commission's records and filings section, a statement that
				  includes the following information:
(A) to
				  the extent known, the names and addresses of the persons involved in the
				  scheduled meeting;
(B) the date
				  and time of the scheduled meeting, its duration, and the means and
				  circumstances under which it was made;
(C) a summary of matters discussed.