reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 6 - Adjustment Clause › 3 AAC 52.519 - Definitions

Current through May 31, 2024
(a) In
				  3 AAC 52.501 -
				  3 AAC 52.519, unless the context requires otherwise,
(1) "adjustment clause" means a mechanism
				  designed to recover changes in gas, fuel, and purchased power expenses;
				  "adjustment clause" includes COPAs and GCAs;
(2) "affiliated interest" has the meaning
				  given in AS 42.05.990;
(3) "base cost of gas" means a rate component
				  that
(A) is used in the calculation of the
				  GCA;
(B) reflects the gas cost per
				  Mcf; and
(C) is included in the
				  utility's base rates for gas service;
(4) "base cost of power" means a rate
				  component that
(A) is used in the calculation
				  of the COPA;
(B) reflects the cost
				  per kilowatt-hour of fuel and purchased power; and
(C) is included in the utility's base rates
				  for electric service;
(5) "base rates" means the utility's
				  currently effective rates for gas or electric service as authorized by the
				  commission in the utility's last general rate case;
(6) "COPA" means a cost-of-power adjustment
				  for an electric utility;
(7) "GCA"
				  means a gas cost adjustment for a gas utility;
(8) "general rate case" means a proceeding,
				  initiated by a filing with supporting information described in
				  3 AAC 48.275, in which the commission reviews a
				  utility's costs and revenues to establish the utility's base rates and
				  adjustment clause methodology;
(9)
				  "Mcf" or "Mcf of gas" means one thousand cubic feet of gas measured at 60
				  degrees Fahrenheit and 14.65 pounds per square inch, absolute;
(10) "station service" means kilowatt-hour
				  consumption by the utility to run the power house.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.600 - Applicability, purposes, and waiver

Current through May 31, 2024
(a) The provisions
				  of 3 AAC 52.600 -
				  3 AAC 52.690 apply to all electric utilities
				  participating in the power cost equalization program established in
				  AS
				  42.45.100-42.45.190.
(b) The purposes of
				  3 AAC 52.600 -
				  3 AAC 52.690 are to establish criteria for the
				  determination of power cost equalization per kilowatt-hour and to encourage
				  economic and efficient practices by participating electric utilities.
(c) Unless otherwise required under AS 42.05
				  or AS 42.45, a requirement in
				  3 AAC 52.600 -
				  3 AAC 52.690 may be modified or waived, in whole or in
				  part, by order of the commission and a showing of good cause or on the
				  commission's own motion. An applicant shall file and the commission will
				  consider an application in accordance with
				  3 AAC 48.805. In considering an application, the
				  commission will consider a participating electric utility's size, location, and
				  accessibility, and other local conditions.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.45.110
AS 42.45.130
AS 42.45.160
AS
						42.45.170
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.610 - Computation of power cost equalization

Current through May 31, 2024
(a) Power cost
				  equalization per kilowatt-hour is determined separately for each rate
				  schedule.
(b) The power cost
				  equalization per kilowatt-hour for each rate schedule is the least of
(1) the average rate per kilowatt-hour for
				  that rate schedule;
(2) the amount
				  equal to .95 x ($1 - B) where B is the base amount set by the commission under
				  (c) of this section;
(3) the amount
				  equal to .95 x (F + NF - A - B) where F is the total fuel cost per
				  kilowatt-hour;
F
is the total fuel cost per kilowatt-hour;
NF
is the total nonfuel cost per
					 kilowatt-hour; and
A
is other assistance per kilowatt-hour that
					 reduces a customer's rate on a kilowatt-hour basis and that is provided to the
					 utility within 60 days before the commission determines the power cost
					 equalization per kilowatt-hour; and
B
is the base amount established by order of
					 the commission under (c) of this section.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.620 - Generation efficiency and line loss standards

Current through May 31, 2024
(a) Generation
				  efficiency and line loss standards are established to encourage efficient and
				  economical generation, transmission, and distribution of electricity. The
				  standards represent the minimum acceptable level of performance by a
				  participating electric utility.
(b)
				  A line loss standard of 12 percent applies to all electricity sold, and is
				  measured according to the following formula:
Line Loss = G - (S + E) / G
where
G equals all kilowatt-hours generated or purchased, from
					 whatever source;
S equals kilowatt-hours sold; and
E equals station service, as defined in
					 3 AAC 52.519(a).
(c) The following generation efficiency
				  standards apply only to the utility's diesel generation, are measured in
				  kilowatt-hours generated per gallon of fuel consumed, and are based on the
				  annual number of kilowatt-hours of diesel generation:
(1) for a utility that uses diesel fuel to
				  generate 80 percent or more of total kilowatt-hours generated, and that
				  generates
(A) less than 100,000
				  kilowatt-hours annually using diesel fuel, the minimum efficiency standard is
				  9.5 kilowatt-hours generated per gallon of diesel fuel consumed;
(B) 100,000 - 499,999 kilowatt-hours annually
				  using diesel fuel, the minimum efficiency standard is 10.5 kilowatt-hours
				  generated per gallon of diesel fuel consumed;
(C) 500,000 - 999,999 kilowatt-hours annually
				  using diesel fuel, the minimum efficiency standard is 11.5 kilowatt-hours
				  generated per gallon of diesel fuel consumed;
(D) 1,000,000 - 9,999,999 kilowatt-hours
				  annually using diesel fuel, the minimum efficiency standard is 12.5
				  kilowatt-hours generated per gallon of diesel fuel consumed; or
(E) 10,000,000 kilowatt-hours or more
				  annually using diesel fuel, the minimum efficiency standard is 13.5
				  kilowatt-hours generated per gallon of diesel fuel consumed;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.630 - Standards for nonfuel costs

Current through May 31, 2024
Nonfuel costs used in the calculation of power cost
					 equalization per kilowatt-hour are subject to the following standards:
(1) depreciation rates must be in accordance
				  with the guidelines established by the Rural Electrification Administration
				  that were in effect as of January 1, 1988, or, if different, the standards
				  established by the commission;
(2)
				  depreciation expense is not allowed on plant funded with grants, contributions
				  in aid of construction, or other nonutility money; and
(3) unless the commission authorizes a
				  different method of cost recovery appropriate to the overhaul, costs for major
				  overhauls on equipment must be amortized over an appropriate period approved by
				  the commission.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.45.110
AS 42.45.130
AS 42.45.160
AS
						42.45.170
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.640 - Adjustments to power cost equalization

Current through May 31, 2024
(a) A regulated
				  participating electric utility shall request a change in its power cost
				  equalization per kilowatt-hour in conjunction with a request for
(1) approval of tariff filing under
				  3 AAC 52.501 -
				  3 AAC 52.519; or
(2) a permanent or interim rate change that
				  establishes higher or lower nonfuel costs for the utility.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.650 - Processing of power cost equalization requests

Current through May 31, 2024
(a) Within 45 days
				  after a participating electric utility makes a complete request under
				  3 AAC 52.640 for an adjustment of its power cost
				  equalization per kilowatt-hour, the commission by order will approve the
				  filing, modify and approve it, or suspend it in whole or in part for further
				  action. If the commission enters an order suspending a power cost equalization
				  request only in part, the part that is not suspended takes effect at the end of
				  the 45-day period.
(b) If the
				  commission determines that a request for an adjustment of power cost
				  equalization per kilowatt-hour should be suspended, the commission will, in its
				  discretion, grant interim, refundable power cost equalization per
				  kilowatt-hour.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.45.110
AS 42.45.130
AS 42.45.160
AS
						42.45.170
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.660 - Annual filing requirements

Current through May 31, 2024
(a) In order for
				  the commission to determine whether the power cost equalization per
				  kilowatt-hour of a participating electric utility is just and reasonable, a
				  utility shall annually file, in accordance with
				  3 AAC 48.095, a report for review.
(b) For a regulated participating electric
				  utility, the report required by (a) of this section is the annual report
				  required under
				  AS
				  42.05.451(b).
(c) For a nonregulated participating electric
				  utility, the report required by (a) of this section must be filed on the date
				  specified by the commission by order and include the following information:
(1) a copy or summary of the effective rate
				  schedule for each customer class, stating the current charges without power
				  cost equalization;
(2) a statement
				  of assets, liabilities, and other credits as of the end of the calendar or
				  fiscal year being reported;
(3) a
				  statement of income and operating expenses for the calendar or fiscal year
				  being reported;
(4) a schedule of
				  utility plant and depreciation for the calendar or fiscal year being reported,
				  showing
(A) plant in service; and
(B) for each plant account,
(i) depreciation expense;
(ii) the depreciation method;
(iii) asset life;
(iv) net salvage used for computing
				  depreciation expense;
(v) the
				  end-of-year balance; and
(vi) the
				  related account for accumulated depreciation;
(5) a schedule of monthly kilowatt-hour
				  generation and sales, monthly fuel consumption, and monthly fuel balances and
				  purchases; a utility that does not rely exclusively on diesel generation must
				  separately report its hydroelectric generation, wind generation, and purchased
				  power, as applicable.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.670 - Other requirements

Current through May 31, 2024
A participating electric utility shall
(1) install and maintain adequate meters to
				  measure kilowatt-hours of generation, fuel consumption, and energy consumption
				  by all ratepayers as prescribed by
				  3 AAC 107.200;
(2) make reasonable efforts to minimize
				  administrative, operating, and overhead costs, including use of the best
				  available technology consistent with sound utility management
				  practices;
(3) cooperate with
				  appropriate state agencies to implement cost-effective energy conservation
				  measures and to plan for and implement feasible alternatives to diesel
				  generation; and
(4) file a monthly
				  report with the Alaska Energy Authority in accordance with the requirements of
				  AS
				  42.45.110(h)(1) and
				  42.45.170(a)(2).
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.45.110
AS 42.45.130
AS 42.45.160
AS
						42.45.170
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.680 - Effect on power cost equalization for noncompliance

Current through May 31, 2024
(a) If a
				  participating electric utility fails to comply with any of the requirements of
				  AS
				  42.45.100-42.45.190 or
				  3 AAC 52.600 -
				  3 AAC 52.670, the power cost equalization (PCE) of that
				  utility becomes interim and refundable effective as of the initial date of the
				  noncompliance.
(b) If a
				  nonregulated participating electric utility fails to notify the commission at
				  least 30 days before a change in its rates, the PCE becomes interim and
				  refundable effective on the same day the utility implements the rate
				  change
(c) If a participating
				  electric utility fails to file its annual report when due, the PCE becomes
				  interim and refundable on the date the annual report was due, and the
				  commission may recommend that further PCE disbursements to the utility be
				  suspended until the annual report is filed and the commission establishes
				  permanent PCE rates.
(d) The PCE
				  rate designated as interim and refundable under this section is subject to
				  modification when a permanent PCE rate is approved by order of the commission.
				  The modification will be made as follows:
(1)
				  if the permanent PCE rate is less than the interim and refundable PCE rate, the
				  effective date for the permanent PCE rate is the date that the interim and
				  refundable PCE rate was established by the commission; the difference between
				  the two rates will be recovered by the Alaska Energy Authority under the
				  provisions of
				  3 AAC 107.210(d);
(2) if the permanent PCE rate is greater than
				  the interim and refundable PCE rate, the effective date for the permanent PCE
				  rate is the date that the permanent PCE rate is established by the commission;
				  the lower interim and refundable PCE rate will be made permanent for the period
				  from the date that the interim and refundable PCE rate was established to the
				  date that the higher permanent PCE rate is effective.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 7 - Criteria for Determination of Power Cost Equalization › 3 AAC 52.690 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in
					 3 AAC 52.600 -
					 3 AAC 52.690
(1) "commission" means the Regulatory
				  Commission of Alaska;
(2)
				  "community facility" means a facility determined by the Alaska Energy Authority
				  to be a community facility as defined in
				  AS
				  42.45.150(1) and
				  3 AAC 107.270(b);
(3) "fuel surcharge" means a fuel cost rate
				  adjustment, a cost-of-power adjustment, or any similar mechanism;
(4) "kilowatt-hour sold" means all electric
				  energy delivered by a utility to consumers and includes energy furnished by the
				  utility to a consumer free of charge;
(5) "nonregulated participating electric
				  utility" means a utility that is exempt from the provisions of AS 42.05, except
				  for the provisions of
				  AS
				  42.05.221-42.05.281, or from all the
				  provisions of AS 42.05;
(6)
				  "participating electric utility" means an eligible electric utility as defined
				  in AS
				  42.45.150(2) that receives
				  payments from the power cost equalization fund;
(7) "regulated participating electric
				  utility" means a utility as defined in
				  AS
				  42.05.990(4)(A) that is
				  subject to the provisions of AS 42.05;
(8) "substantial inventory capacity" means
				  fuel storage capacity exceeding 10 percent of annual usage;
(9) "PCE" means power cost
				  equalization.
For Alaska Energy Authority regulations regarding the
						power cost equalization program, see
						3 AAC 107.200 -
						3 AAC 107.270.
As of Register 151 (October 1999), the regulations
						attorney under
						AS
						44.62.125(b)(6) made
						technical conforming amendments to
						3 AAC 52.690(3) to implement ch. 58,
						SLA 1999.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.990
AS 42.45.110
AS 42.45.130
AS 42.45.160
AS
						42.45.170
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 52.700 - Exempt water or wastewater utilities

Current through May 31, 2024
(a) A water or
				  wastewater utility, is exempt from provisions of AS 42.05 requiring a
				  certificate of public convenience and necessity or relating to economic
				  regulation within the meaning of
				  3 AAC 48.820, if the water or wastewater utility
(1) collects or transports wastewater only by
				  tank, wagon, or similar conveyance, unless the water or wastewater utility
				  provides the service to a public utility that is an affiliated
				  interest;
(2) provides water or
				  wastewater service to a mobile home community exclusively, without a charge
				  separate from the rent paid by tenants of that community; in this paragraph
				  "mobile home community" means a piece of real property on which the owner
				  develops for lease two or more sites for locating but not permanently affixing
				  mobile homes;
(3) provides bulk
				  water sales exclusively to water haul vehicles or individuals who self-haul
				  water;
(4) serves fewer than 15
				  service connections;
(5) is a water
				  utility that
(A) is within the service area
				  of and receives bulk water service from a water utility with
(i) a certificate of public convenience and
				  necessity; or
(ii) provisional
				  certification under
				  3 AAC 52.720 -
				  3 AAC 52.738;
(B) and does not
(i) create a different pressure zone from the
				  main;
(ii) provide additional
				  treatment to the water supply before distribution;
(iii) sub-meter the water; or
(iv) require payment as a separate line-item
				  on a bill; or
(6) is a wastewater utility that
(A) is within the service area of and
				  receives bulk wastewater service from a wastewater utility with
(i) a certificate of public convenience and
				  necessity; or
(ii) provisional
				  certification under
				  3 AAC 52.720 -
				  3 AAC 52.738; and
(B) does not:
(i) treat the wastewater; or
(ii) require payment as a separate line-item
				  on a bill.
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 52.715 - Public convenience and necessity finding for new utilities

Current through May 31, 2024
(a) An entity that
				  proposes to provide water or wastewater utility service through a system that
				  is not yet built may not begin construction of the system until the commission
				  determines that the public convenience and necessity requires the
				  service.
(b) An entity described in
				  (a) of this section must file an application for a finding of public
				  convenience and necessity that includes the following:
(1) all information required by
				  3 AAC 52.710(b) (1) - (4), (6) - (8),
				  (10) - (11), (14), and (18);
(2) an
				  estimate of the cost to design and install the system in compliance with
				  applicable requirements of 18 AAC 80 for a public water system or 18 AAC 72 for
				  a domestic wastewater system;
(3) a
				  projection of revenues and expenses, including capital recovery, for the first
				  full fiscal year after the utility begins collecting fees from customers; if
				  the estimated expenses exceed the estimated revenues, the source of
				  supplemental money that is anticipated to sustain the utility's operation must
				  be identified;
(4) if another
				  utility provides similar service within one mile of the applicant's proposed
				  service area, an explanation why connection to the existing service is not in
				  the customer's interest;
(5) any
				  additional filings the commission requires to explain or supplement the
				  information filed under this subsection.
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 52.720 - Provisional certification: purpose and eligibility

Current through May 31, 2024
(a) A provisional
				  certificate is granted to a class of utility that is currently providing or
				  will provide water or wastewater utility service required for the public
				  convenience and necessity but that might not meet standards of financial
				  fitness the commission otherwise applies in granting a certificate under
				  AS
				  42.05.241. Through the provisional
				  certification program, the commission collects and publishes, but does not
				  verify, information reported by provisionally certificated utilities and
				  applicants. A provisionally certificated utility is exempt from economic
				  regulation within the meaning of
				  3 AAC 48.820 except as provided in
				  AS
				  42.05.385 and
				  3 AAC 52.726. The commission does not inspect a
				  provisionally certificated utility or certify its compliance with any health or
				  safety requirements of state or federal law.
(b) A water or wastewater utility is eligible
				  for a provisional certificate of public convenience and necessity if the
				  utility owns water treatment and distribution or wastewater treatment and
				  collection facilities and is
(1) a community
				  association, cooperative, political subdivision, or government that has fair
				  and equitable customer representation; for purposes of this paragraph, a
				  utility has fair and equitable customer representation if each individual who
				  is a utility customer has the opportunity to
(A) vote at a local election for members of a
				  board, council, assembly, or body that controls the utility; or
(B) attend meetings and vote directly on
				  matters affecting local utilities;
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 52.722 - Application for provisional certification

Current through May 31, 2024
(a) A utility that
				  is eligible under
				  3 AAC 52.720 to apply for provisional certification must
				  provide the following information, in accordance with
				  3 AAC 48.095, on a form prescribed by the commission:
(1) the utility's legal name and the name
				  under which it proposes to do business;
(2) the address of the utility'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) for entities qualified for provisional
				  certification under
				  3 AAC 52.720(b) (2), an affidavit
				  stating
(A) the utility's annual accounting
				  period and annual gross revenue for the most recent fiscal year; or
(B) projected revenues for the first full
				  fiscal year if the utility is a new water or wastewater utility that has not
				  begun providing service or that has not completed a full fiscal year of
				  service;
(6) a written
				  description and a map of the utility's proposed service area;
(7) a copy of the bylaws for any community
				  association or cooperative;
(8) the
				  classes of service and the number of service connections the utility is serving
				  in each class, along with information detailing any planned
				  expansions;
(9) a tariff meeting
				  the requirements of
				  3 AAC 52.730 -
				  3 AAC 52.740;
(10) an informational filing detailing the
				  rates the utility will charge for the classes of service available and the
				  amount and source of revenues that are not derived from customer
				  charges;
(11) 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;
(12) an application fee
				  of $300.
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 52.724 - Continuing requirements

Current through May 31, 2024
(a) A provisionally
				  certificated utility shall file, in accordance with
				  3 AAC 48.095, the following information each year, no
				  later than 180 days after the close of the utility's annual accounting period:
(1) a fee of $100;
(2) an affidavit stating that the utility
				  continues to meet the qualifications for provisional certification set out in
				  3 AAC 52.720;
(3) a statement of any changes to information
				  submitted with the utility's application for provisional
				  certification;
(4) a statement of
				  revenue and expense for the last fiscal year on a form prescribed by the
				  commission; the utility must identify all sources of revenue including customer
				  fees and operational subsidies from other sources; the utility may file a
				  combined water and wastewater statement or separate water and wastewater
				  statements
(5) the following
				  information from the utility's reporting period, on a form prescribed by the
				  commission:
(A) the number of active
				  connections by customer class and the monthly user fees associated with
				  them;
(B) the total water
				  production for the fiscal year;
(C)
				  the yearly water consumption of each individually metered user.
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 52.726 - Customer complaints

Current through May 31, 2024
(a) A provisionally certificated utility
				  shall include the following statement on each bill sent to a customer:
"You should contact us first if you have a complaint about
					 your water or wastewater service. If you are not satisfied after contacting us,
					 you may then file a complaint with the Regulatory Commission of Alaska. The
					 Regulatory Commission of Alaska on paper at 701 West Eighth Avenue Suite 300
					 Anchora e Alaska 99501, electronically by means of the commission's website at
					 Internet website address) or telephonically at 1-800-390-2782, or TDD (907)
					 276-4533."
(b) Upon receipt
				  of an informal complaint under
				  3 AAC 48.120 about a provisionally certificated utility,
				  the commission will contact the provisionally certificated utility to verify
				  that its most recently filed tariff is still effective or to obtain any updates
				  to the tariff. The provisionally certificated utility shall provide any tariff
				  updates within 10 business days after the commission's request. If an informal
				  complaint is not resolved or is appealed by the customer or utility, a formal
				  complaint may be made as provided in
				  3 AAC 48.130.
Authority:
AS
						42.05.141
AS
						42.05.151
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 52.730 - Tariffs required

Current through May 31, 2024
(a) A water or wastewater utility that has a
				  provisional certificate or that is, under
				  AS
				  42.05.711(b), certificated
				  but not subject to economic regulation within the meaning of
				  3 AAC 48.820 shall comply with the tariff requirements
				  set out in 3 AAC 52.730 -
				  3 AAC 52.740.
(b) A utility owned and operated by a
				  political subdivision or government may submit approved ordinances that meet
				  the requirements of
				  3 AAC 52.730 -
				  3 AAC 52.740, in place of a tariff.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.291
AS 42.05.361
AS
						42.05.711
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 52.732 - Tariffs revisions

Current through May 31, 2024
A provisionally certificated utility may revise its tariffs
					 without commission approval, but must file any revision within 30 days after
					 the effective date of the revised tariff. The filing must be submitted in
					 accordance with
					 3 AAC 48.220 and
					 3 AAC 48.270 and state the effective date of the revised
					 tariff.
Authority:
AS
						42.05.141
AS
						42.05.151
AS
						42.05.361
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 52.734 - Tariffs on file for public inspection

Current through May 31, 2024
(a) A provisionally
				  certificated utility shall keep its tariff available for public inspection in
				  accordance with
				  3 AAC 48.250.
(b) The effective tariff of a provisionally
				  certificated utility controls the utility's rates, charges, regulations, terms
				  and conditions of service as provided in
				  3 AAC 48.320.
Authority:
AS
						42.05.141
AS
						42.05.151
AS
						42.05.361
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 52.736 - Contents of tariffs

Current through May 31, 2024
The tariff of a provisionally certificated utility must
					 contain the following:
(1) a title
				  page including the exact legal name of the utility, the service offered and the
				  complete address of the utility;
(2) an index page with a complete and
				  accurate list of contents;
(3) a
				  map or set of maps depicting the utility's service area;
(4) a written description of the service area
				  matching the area approved by the commission;
(5) a map depicting the areas, zones, or
				  districts in which any different rate schedules apply;
(6) a complete set of the regulations
				  governing the services offered;
(7)
				  a schedule of all rates and charges for each class of service
				  offered.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.05.361
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 52.738 - Content of rules and regulations and rates

Current through May 31, 2024
The tariff of a provisionally certificated utility must
					 include the items listed in
					 3 AAC 48.370 and
					 3 AAC 48.380, as applicable.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.05.361
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 52.740 - Waiver

Current through May 31, 2024
Unless otherwise required under AS 42.05, a requirement in
					 3 AAC 52.730 -
					 3 AAC 52.738 may be modified or waived, in whole or in
					 part, by order of the commission, on the commission's own motion or on a
					 showing that the waiver or modification is in the public interest. An entity
					 shall file and the commission will consider an application for waiver in
					 accordance with
					 3 AAC 48.805.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.05.711
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 52.749 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in
					 3 AAC 52.700 -
					 3 AAC 52.749,
(1) "affiliated interest" has the meaning
				  given in AS 42.05.990;
(2) "annual gross revenues" means the
				  revenues that would be accrued by the utility, assuming a 100 percent
				  collection rate from customers;
(3)
				  "business day" means a day other than Saturday, Sunday, or a state
				  holiday;
(4) "classes of service"
				  includes residential, commercial, industrial, institutional, or bulk water or
				  sewer service;
(5) "service
				  connection" means physically separated customer locations that are connected to
				  the water or wastewater plant by a distribution or collection system;
(6) "system" means components used for the
				  collection, treatment, storage, and distribution of drinking water or for the
				  collection, treatment, and disposal of wastewater;
(7) "wastewater utility" means a utility that
				  furnishes sewer service to the public for compensation;
(8) "water utility" means a utility that
				  furnishes drinking water service to the public for compensation.
Authority:
AS
						42.05.141
AS
						42.05.151
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 52.750 - Application and purpose

Current through May 31, 2024
(a) The provisions
				  of 3 AAC 52. 750 and 3 AAC 52.755 apply to all refuse utilities subject to the
				  regulatory jurisdiction of the commission and apply to the furnishing of refuse
				  service to the public.
(b) The
				  purpose of 3 AAC 52.750 and 3 AAC 52.755 is to establish procedural guidance
				  for refuse utilities subject to exemption from certain regulatory requirements
				  under AS
				  42.05.711(i). The provisions
				  of 3 AAC 52.750 and 3 AAC 52.755 also provide procedural guidance to refuse
				  utilities that become ineligible for exemption from certain regulatory
				  requirements by virtue of exceeding the economic threshold prescribed in AS
				  42.05. 711 (i).
(c) For good cause,
				  the commission may, using the procedures and standards set out in
				  3 AAC 48.805, waive all or any portion of the standards
				  in 3 AAC 52.750 and 3 AAC 52.755 applicable to an individual refuse utility, or
				  establish interim standards for that utility.
Authority:
AS
						42.05.141
AS
						42.05.151
AS
						42.05.221
AS
						42.05.291
AS
						42.05.421
AS
						42.05.711
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 52.755 - Continuing requirements

Current through May 31, 2024
(a) Each year, and
				  not later than 90 days after the close of the utility's annual accounting
				  period, a certificated refuse utility that qualifies for an exemption under AS
				  42.05. 711 (i) shall file an affidavit stating that the utility continues to
				  meet the qualifications set out in AS 42.05. 711 (i). For purposes of
				  identifying a utility's annual gross revenues used to determine the
				  applicability of the exemption in AS 42.05. 711 (i), a refuse utility shall
				  only consider revenues derived from regulated activities.
(b) A certificated refuse utility that
				  previously qualified for an exemption under AS 42.05. 711 (i) but that has
				  exceeded the economic threshold prescribed in AS 42.05. 711 (i) shall
(1) notify the commission not later than 30
				  days after exceeding the economic threshold; and
(2) not later than 180 days after the close
				  of the utility's annual accounting period,
(A) file a tariff, as set out in
				  3 AAC 48.220 -
				  3 AAC 48.420;
(B) begin paying regulatory cost charges, as
				  set out in
				  AS
				  42.05.254 and 3 AAC 4 7; and
(C) file an annual report, as set out in
				  AS
				  42.05.451.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.800 - Application and waiver

Current through May 31, 2024
(a) An eligible
				  water or wastewater utility may establish a surcharge to recover capital costs
				  associated with plant placed in service between general rates cases, if the
				  surcharge complies with the provisions of
				  3 AAC 52.800 -
				  3 AAC 52.890.
(b) A requirement of
				  3 AAC 52.800 -
				  3 AAC 52.890 may be modified or waived, in whole or in
				  part. A utility shall file and the commission will consider an application for
				  waiver using the procedures and standards set out in
				  3 AAC 48.805.
Authority:
AS
						42.05.141
AS 42.05.151
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.805 - Criteria for plant improvement surcharges

Current through May 31, 2024
(a) An eligible
				  water or wastewater utility that proposes to include a surcharge authorized
				  under 3 AAC 52.800 -
				  3 AAC 52.890 in its tariff shall, by tariff advice
				  letter in compliance with
				  3 AAC 48.200 -
				  3 AAC 48.380, file one or more tariff sheets that
(1) identify the classes of property eligible
				  for capital cost recovery through the surcharge;
(2) establish the initial effective date of
				  the surcharge;
(3) describe the
				  method for computing the surcharge;
(4) describe the method for updating the
				  surcharge rate on a regular basis, not more often than quarterly, and not less
				  often than annually; and
(5)
				  describe consumer protections applicable to the surcharge.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.810 - Notice

Current through May 31, 2024
(a) Initial and revised surcharge tariff
				  filings are subject to
				  3 AAC 48.220,
				  3 AAC 48.270(a)(6). and
				  3 AAC 48.280.
(b) The utility shall notify customers by
				  bill insert, or other method specified in the approved surcharge tariff, before
				  filing periodic updates of a surcharge rate. An additional notice of a
				  surcharge rate update will not be required unless ordered by the
				  commission.
Authority:
AS
						42.05.141
AS
						42.05.151
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.815 - Long-term infrastructure improvement plan and asset optimization plan

Current through May 31, 2024
(a) Before filing an initial surcharge
				  tariff, and at no less often than five-year intervals thereafter, an eligible
				  water or wastewater utility shall file a long-term infrastructure improvement
				  plan. The utility's plant improvement surcharge tariff must specify the minimum
				  frequency and due date for filing long-term infrastructure improvement plans.
(b) Within one year after filing
				  an initial long-term infrastructure improvement plan, and annually thereafter,
				  an eligible water or wastewater utility shall file an asset optimization plan.
The utility's plant improvement surcharge tariff must
					 specify the annual date on which the asset optimization plan will be filed.
(c) A long-term
				  infrastructure improvement plan must include
(1) a listing of the types and age of plant
				  that the utility owns or operates, that the utility intends to improve, and for
				  which the utility may propose to collect a surcharge;
(2) a prioritized schedule for the planned
				  improvement of listed plant;
(3) a
				  description of the location of the plant;
(4) an estimate of the quantity, unit cost,
				  and total value of the plant to be improved;
(5) a projection of the annual expenditures
				  necessary to implement the plan, including a description of the methods adopted
				  to ensure that the plan is cost-effective; and
(6) a description of how the plan will be
				  implemented, with emphasis on the benefits of planned improvements, the extent
				  to which the surcharge will allow improvements to be accelerated, and the
				  expected impact the improvements will have on quality of service.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.820 - Calculation and collection of surcharge rate

Current through May 31, 2024
(a) Subject to the
				  limitations in
				  3 AAC 52.840, eligible utilities may implement and
				  update a plant improvement surcharge as described in the utility's approved
				  plant improvement surcharge tariff to recover eligible capital costs.
(b) The plant improvement surcharge must be a
				  percentage, expressed to two decimal places, that is applied to all classes of
				  service as a percentage of each customer's billed revenue. The percentage is
				  calculated by dividing total annual eligible capital costs by projected annual
				  revenue. For utilities with periodic updates more frequent than annual, the
				  surcharge rate must be calculated as follows:
(1) a utility updating its surcharge rate on
				  a quarterly basis shall divide depreciation rates, approved return, and
				  percentage allowance for taxes by four, and then apply the adjusted rates to
				  eligible plants; the total eligible capital costs resulting from that
				  calculation shall be divided by the projected quarterly revenue;
(2) a utility updating its surcharge rate on
				  a semi-annual basis shall divide depreciation rates, approved return, and
				  percentage allowance for taxes by two, and then apply the adjusted rates to
				  eligible plants; the total eligible capital costs resulting from that
				  calculation shall be divided by the projected semi-annual revenue;
(3) a utility updating its surcharge rate on
				  a frequency other than quarterly or semi-annually shall divide depreciation
				  rates, approved return, and percentage allowance for taxes by the length of the
				  period between updates, expressed in days, divided by 365, and then apply the
				  adjusted rates to eligible plant; the total eligible capital costs resulting
				  from that calculation shall be divided by the projected revenue for the period
				  the rates will be in effect.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.825 - Accounting for surcharge revenues, reconciliation, and correction

Current through May 31, 2024
(a) The utility
				  shall bill the plant improvement surcharge on a separate line on each customer
				  bill.
(b) The utility shall
				  separately account for all revenue from the plant improvement surcharge.
(c) The utility shall reconcile
				  all plant improvement surcharge revenue to eligible capital costs no less often
				  than annually. If revenue exceeds costs, the excess will be used to reduce the
				  eligible capital costs over the next annual or other period, beginning with the
				  next update following the reconciliation. If costs exceed revenue,
				  notwithstanding the limitations of
				  3 AAC 52.840(a) or (b), as applicable,
				  the excess will increase the eligible capital costs for purposes of calculating
				  the surcharge rate over the next annual or other period, beginning with the
				  next update following the reconciliation.
(d) The utility may request, or the
				  commission may order, the correction or adjustment of actual entries used in
				  the calculation of the surcharge rate for a period of one year following the
				  effective date of the surcharge rate. The utility shall describe, quantify, and
				  justify each proposed adjustment. Unless the commission orders otherwise, an
				  error must be corrected by an adjustment to the surcharge rate at the next
				  update.
Authority:
AS
						42.05.141
AS 42.05.151
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 52 - Operation of Public Utilities › Article 9 - Plant Replacement and Improvement Surcharge Mechanism › 3 AAC 52.830 - Eligible plant

Current through May 31, 2024
(a) Eligible plant for water utilities
				  includes
(1) utility service lines, meters,
				  and hydrants installed as in-kind replacements for customers;
(2) mains and valves installed as
				  replacements for existing facilities that remain in service beyond reasonable
				  service life, are in prematurely deteriorated condition, or are required to be
				  upgraded to meet quality-of-service standards or applicable law;
(3) main extensions installed to eliminate
				  dead ends and to implement solutions to water supply problems that present a
				  significant health or safety concern for customers currently receiving service
				  from the utility;
(4) main
				  replacement, cleaning, and relining projects;
(5) unreimbursed costs related to highway
				  relocation projects where the utility must involuntarily relocate facilities;
				  and
(6) other capitalized costs
				  related to plant described in (1) - (5) of this subsection.