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 46.470 - Review and approval of electric reliability organization rules

Current through May 31, 2024
(a) An electric
				  reliability organization shall file all rules, or revisions to rules, developed
				  in compliance with, or developed with the intent to comply with, AS
				  42.05.762(3) by means of a consecutively numbered electric reliability
				  organization rule letter. Every rule letter must contain the applicable
				  information set out in (b) of this section, unless waived by the commission on
				  a showing of good cause. All elements of an electric reliability organization's
				  compliance monitoring and enforcement program not specifically identified as
				  part of the electric reliability organization's tariff under 3 AAC 46.360 shall
				  be filed under this subsection, except that filings made under this subsection
				  do not include budget filings made under 3 AAC 46.160(b).
(b) Each electric reliability organization
				  rule filing under this section must be transmitted to the commission by a
				  consecutively numbered letter designated as "ER[number]" followed by a hyphen
				  and the number of the electric reliability organization's certificate. A letter
				  may be on either letterhead or plain paper but must be formatted to print eight
				  and one-half inches by 11 inches in size, must contain the name and return
				  address of the filing electric reliability organization, and must contain the
				  name, return address, and electronic mail address of the filing electric
				  reliability organization's representative authorized to issue rules.
(c) An electric reliability organization rule
				  letter filed under this section is an initiating petition for purposes of
				  AS
				  42.05.175(i).
(d) Each rule filing 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. An electric reliability organization rule letter must
(1) list the electric reliability
				  organization rule letter number;
(2) clearly articulate the proposed rule or
				  rule revision;
(3) explain the
				  proposed rule or rule revision's intended effect;
(4) explain the cause of the proposed rule or
				  rule revision's development;
(5)
				  provide any additional information that the electric reliability organization
				  believes important to the development of the proposed rule or rule
				  revision;
(6) provide a dated
				  certificate of service or proof of publication, as appropriate, of a public
				  notice
(A) served or published by means of
(i) individual notice to all registered
				  entities affected by the rule change or rule revision by United States mail,
				  electronic mail, or similar delivery service, under conditions prescribed by
				  the commission;
(ii) publication on
				  the electric reliability organization's website; or
(iii) posting on the Alaska Online Public
				  Notice System (AS
				  44.62.175); and
(B) containing
(i) a general description of the proposed
				  rule or rule revision that is accurate, written in plain English, and
				  sufficient to alert the public of the proposed rule or rule revision;
(ii) the date when the electric
				  reliability organization made, or will make, its filing with the
				  commission;
(iii) the date when the
				  rule or rule revision is proposed to become effective;
(iv) a statement of where both the proposed
				  rule or rule revision and the electric reliability organization's complete set
				  of rules are available for review; and
(v) a statement similar to the following:
				  "Any person may file written comments on this proposed rule or rule revision
				  with the Regulatory Commission of Alaska, 701 West Eighth Avenue, Suite 300,
				  Anchorage, Alaska 99501. To assure that the Commission has sufficient time to
				  consider the comments before the rule or rule revision takes effect, (electric
				  reliability organization's name) suggests that your comments be filed with the
				  Commission no later than (a specific date, not a weekend or holiday,
				  approximately 7-10 days before the filing takes effect).";
(7) in the case of a proposed rule
				  revision, provide an annotated copy of the existing and proposed rule language
				  identifying the proposed rule changes; and
(8) in the case of a proposed rule or rule
				  revision addressing the electric reliability organization's compliance
				  monitoring and enforcement program, supporting documentation describing how the
				  a proposed rule or rule revision was developed, supporting the proposed rule or
				  rule revision's reasonableness, and providing any additional documentation that
				  the electric reliability organization considers important to the commission's
				  review.