Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 48 - Practice and Procedure › Article 5 - Applications Generally › 3 AAC 48.645 - Applications: notice, deadline for filing competing applications; public hearing

Current through May 31, 2024
(a) An application for a certificate of
				  public convenience and necessity; for an amendment to a certificate; for
				  discontinuance, abandonment, or suspension of a service, facility, or route in
				  whole or in part; for transfer of a certificate of public convenience and
				  necessity; or for the authority to acquire or dispose of a controlling interest
				  in a certificated public utility or pipeline carrier under
				  AS
				  42.05.281 or
				  AS
				  42.06.305; or any other application described
				  in 3 AAC 48.625 and
				  3 AAC 48.640(a), will be noticed by the
				  commission to the public in substantially the same manner and format as a
				  tariff filing is noticed to the public under
				  3 AAC 48.220 and
				  3 AAC 48.280 -
				  3 AAC 48.290. If an application for a certificate, for
				  an amendment to, or transfer of, a certificate, or for authority to acquire a
				  controlling interest in a certificated utility or pipeline carrier, is filed by
				  a utility or pipeline carrier that is not subject to economic regulation by the
				  commission, the public notice will state that fact, define the meaning of the
				  term "economic regulation," and place the public on notice by explaining that,
				  with respect to this applicant, the commission has no jurisdiction over matters
				  that constitute economic regulation. The notice will cite the applicable
				  statute, regulation, or other authority, under which the applicant is exempt or
				  claims exemption from economic regulation.
(b) Except as to notices of applications for
				  transfer of a certificate of public convenience and necessity or applications
				  for authority to acquire a controlling interest in a certificated public
				  utility, the notice issued under (a) of this section will invite comment from
				  interested members of the public. The notice will also announce that a person
				  who proposes to file an application to furnish the same, or substantially the
				  same, service or facility to essentially the same service area or route, in
				  whole or in part, thus creating the potential for mutually exclusive
				  applications must file within 30 days after the date the original application
				  is noticed to the public, a notice of intent to file a competing application.
				  The person must then file the competing application within 90 days after the
				  date the original application was noticed to the public. If no notice of intent
				  to file a competing application is filed within the 30-day period following
				  public notice, the commission will proceed to grant or deny the application for
				  a certificate filed by the original applicant in accordance with the applicable
				  provisions of
				  AS
				  42.05.221-
				  42.05.281 or
				  AS
				  42.06.240-
				  42.06.280.
(c) If the commission finds that two or more
				  complete mutually exclusive applications have been timely filed, a public
				  hearing will be held to afford an opportunity for examination of the
				  applications on a comparative basis.
(d) For good cause shown, the commission
				  will, in its discretion, modify the time periods prescribed in (b) of this
				  section and permit supplements to initial applications.
Authority:
AS
						42.05.141
AS
						42.05.151
AS
						42.05.221
AS
						42.05.231
AS
						42.05.241
AS
						42.06.140
AS
						42.06.240
AS
						42.06.250
AS
						42.06.260
AS
						42.06.270
AS
						42.06.290
AS
						42.06.300
AS
						42.06.305
AS
						42.06.340