Alaska Administrative Code

(a) All relevant evidence which, in the opinion of the presiding officer, is the best evidence reasonably obtainable, with due regard to its necessity, availability, and trustworthiness, is admissible. In passing upon the admissibility of evidence, the presiding officer may consi…

(a) Unless a party's rights are expressly limited by commission order, or a party or the party's authorized representative waives any right or rights, each party to an adjudicative proceeding has the right to (1) make an opening statement; (2) present an affirmative or direct cas…

(a) A tape recording will be made of the record of each hearing regardless of whether all or part of the record is also made with the aid of shorthand or stenotype notes. The hearing record will be made by a member of the commission staff designated for the purpose, by a professi…

(a) After each hearing or investigation in which costs allocable under AS 42.05.221, 42.05.401(b), 42.05.651, or AS 42.06.610 have been incurred and the commission decides to allocate those costs to a party or the commission, the commission will enter a cost allocation order, wit…

(a) Hearings before the commission must be conducted with fitting dignity and decorum. Conduct amounting to contempt at a public hearing is grounds for exclusion from the hearing and for summary suspension for the contemptuous person, without a hearing, for the duration of the he…

(a) The commission or the presiding officer will fix the time for the filing and service of briefs with due regard to the immediacy of the decision size of the record, and the nature, complexity, and importance of the proceeding or of the issues involved. The commission or the pr…

(a) The commission will, in its discretion, assign a proceeding under AS 42.06 to an administrative law judge or hearing officer, or a proceeding under AS 42.05 to a hearing officer, for hearing and proposed decision. The assignment will be made by order. (b) Unless specifically …

Parties may stipulate among themselves to the disposition of a proceeding or to the disposition of outstanding issues in a proceeding by written agreement filed with the commission or by oral statement presented on the record. The parties are bound by the terms of the stipulation…

(a) In hearings held concurrently with another governmental agency the commission, through its presiding officer designated to preside at the concurrent hearings, will, in its discretion, allow variance from the procedures set out in 3 AAC 48.151 - 3 AAC 48.160 to facilitate the …

(a) Any person transacting business with the commission shall maintain at all times the respect due the commission, its presiding officers, legal counsel and its staff and shall never knowingly, by artifice, misstatement or silence, lead or allow them to believe in a false factua…

Subject to the exceptions in AS 44.62.310 and AS 42.05.161, meetings of the commission are public. Notes 3 AAC 48.180 Eff. 6/27/92, Register 122 Authority:AS 42.05.141 AS 42.05.151 AS 42.05.161 AS 42.06.140(a) AS 44.62.310 AS 44.62.312 State regulations are updated quarterly; we …

(a) Unless otherwise noticed under 3 AAC 48.182, regular public meetings will be held by the commission twice a month on dates set by the commission at 9:00 a.m. in the commission's offices in Anchorage. The chair of the commission may cancel a regular public meeting if there is …

(a) Reasonable public notice will be given by the commission as provided in this section for all public meetings of the commission. (b) Notice of a regular or special public meeting may be published by the commission in a newspaper of general circulation in the area where the mee…

(a) In addition to the notice provisions of 3 AAC 48.182 for public meetings of the commission, an agenda of each public meeting of the commission will be printed and available for public inspection and copying at the commission's offices and will be posted on the commission's In…

A public meeting of the commission will be conducted in accordance with the 1990 edition of Robert's Rules of Order Newly Revised. The commission will make written material discussed at the public meeting available to the public at the beginning of the meeting unless such materia…

The use of proxy votes by commission members is prohibited at public meetings. The votes of commission members will be recorded by the commission. Notes 3 AAC 48.185 Eff. 6/27/92, Register 122 Authority:AS 42.05.141 AS 42.05.151 AS 42.06.140(a) AS 44.62.310(a) State regulations a…

The commission will, in its discretion, allow public participation at public meetings. No public testimony or participation will be allowed by the commission regarding an adjudicatory matter pending before the commission. Notes 3 AAC 48.186 Eff. 6/27/92, Register 122 Authority:AS…

(a) Each public meeting will be tape recorded by the commission. The recording will serve as the commission's official record of the public meeting. The recording will be retained for a period of five years in accordance with the commission's records retention schedule approved u…

The commission will, in its discretion, conduct deliberations on adjudicatory matters in public. Deliberations on adjudicatory matters conducted in public are not subject to the provisions of 3 AAC 48.180 - 3 AAC 48.187. Notes 3 AAC 48.188 Eff. 6/27/92, Register 122 Authority:AS …

The official record of each proceeding before the commission is a paper printing of the electronic file. The official record includes any staff memoranda, paper documents, or exhibits considered at a public meeting. Each document must also be included in the record of any related…

Except as provided in 3 AAC 48.450 - 3 AAC 48.490, the provisions of 3 AAC 48.200 - 3 AAC 48.442 cover the construction, preparation, content, filing, posting, and publication of utility and pipeline tariffs, including special contracts. Notes 3 AAC 48.200 Eff. 11/16/73, Register…

Notes 3 AAC 48.210 Repealed 6/29/84. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compar…

(a) Unless otherwise provided, the statutory notice period for a tariff filing does not begin until the filing utility or pipeline carrier has complied with this section. If a utility or pipeline carrier submits a tariff filing that does not meet all of the notice and form and fi…

Notes 3 AAC 48.230 Eff. 11/16/73, Register 48; am 6/29/84, Register 90; am 8/6/92, Register 123; repealed 10/27/2017,Register 224, January 2018 Authority:AS 42.05.141 AS 42.05.151 AS 42.05.371 AS 42.05.391 State regulations are updated quarterly; we currently have two versions av…

Notes 3 AAC 48.240 Eff. 11/16/73, Register 48; am 6/29/84, Register 90; am 11/6/2016, Register 220, January 2017; repealed 10/27/2017,Register 224, January 2018 Authority:AS 42.05.141 AS 42.05.151 AS 42.05.361 AS 42.05.411 AS 42.06.140 AS 42.06.350 AS 42.06.390 State regulations …

(a) Each utility or pipeline carrier shall maintain in its tariff a list of the locations at which it keeps a copy of its paper tariff available for public inspection and, if applicable, the Internet address of its electronic tariff. (b) A utility or pipeline carrier may not refu…

Notes 3 AAC 48.260 Eff. 11/16/73, Register 48; am 6/29/84, Register 90; repealed 10/27/2017,Register 224, January 2018 Authority:AS 42.05.141 AS 42.05.151 AS 42.05.361 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between…

(a) Unless otherwise provided, every tariff filing required by 3 AAC 48.200 - 3 AAC 48.430, except filings directly related to applications for new or amended certificates of public convenience and necessity, must be transmitted to the commission by a consecutively numbered lette…

(a) Each filing with the commission of an initial pipeline tariff rate for a newly constructed pipeline or a pipeline not previously regulated under AS 42.06 must include (1) a statement of assets, liabilities, and other credits as of the beginning of the calendar or fiscal year …

(a) Except as provided in (b) of this section, each filing with the commission of a permanent or interim tariff revision that involves a change in rates to the customers of a utility or shippers of a pipeline carrier must include the following supporting information in the follow…

(a) Except as otherwise ordered by the commission, each public utility or pipeline carrier shall comply with the following Uniform System of Accounts applicable to that utility or carrier: (1) a telephone utility shall maintain records and accounts in accordance with the Uniform …

The commission may prescribe, on a case-by-case basis, one or more appropriate additional means by which a tariff filing must be noticed to the public, including (1) publication in one or more newspapers or by means of other news media at the expense of the filing utility or pipe…

(a) Comments may be filed either electronically, including by electronic mail, or on paper. Any person desiring to submit a comment in response to a tariff filing may be asked to do so not later than 20 days after the date the commission received the tariff filings unless a longe…

(a) When a utility or pipeline carrier includes in its tariff advice letter a request under 3 AAC 48.270(a)(6) for a tariff filing to take effect before the end of the statutory notice period, the burden of showing good cause for waiving statutory notice must be borne by the fili…

(a) A tariff filing that is received by the commission in a form or filed by a method which, in whole or in part, is not consistent with 3 AAC 48.200 - 3 AAC 48.430, or which reflects retroactive rate treatment, will, in the commission's discretion, be rejected. (b) When a tariff…

(a) A telecommunications utility may reduce a retail rate without commission approval after notice of a tariff filing submitted by the utility in accordance with applicable filing requirements and notice procedures of this chapter, 3 AAC 52, and 3 AAC 53. (b) Notwithstanding (a) …

(a) When a single entity furnishes more than one kind of utility service, pipeline carrier service, or commodity, as defined in AS 42.05 or AS 42.06, the entity shall file a separate tariff for each kind of utility service, pipeline carrier service, or commodity that the entity f…

Every tariff sheet must be legible and formatted to print eight and one-half by 11 inches in size and, except as provided in 3 AAC 48.360(d), include (1) the number of the utility or pipeline carrier's certificates of public convenience and necessity; (2) the tariff sheet number;…

(a) Each new tariff sheet must be officially designated by the letters "RCA" in the upper left-hand corner of the tariff sheet, followed by the number of the utility or pipeline carrier's certificate of public convenience and necessity authorizing the utility or pipeline carrier …

Notes 3 AAC 48.350 Eff. 11/16/73, Register 48; am 6/29/84, Register 90; repealed 10/27/2017,Register 224, January 2018 Authority:AS 42.05.141 AS 42.05.151 AS 42.06.140(a) AS 42.06.350 State regulations are updated quarterly; we currently have two versions available. Below is a co…

(a) The effective tariff of a utility or pipeline carrier must contain (1) a title page that includes the name of the utility or pipeline carrier issuing the tariff as listed on the utility or pipeline carrier's certificate of public convenience and necessity, the certificated se…

Except as otherwise provided in 3 AAC 48.360, the rules and regulations of each utility or pipeline carrier, to the extent applicable, must include (1) applications for service, deposits, and credit rules; (2) definitions of terms used in the tariff; (3) terms, conditions, and ch…

Each schedule setting out the rates and charges for services offered by the utility or pipeline carrier must be given an appropriate heading. Each schedule must begin on a separate page and must, if applicable, include the following: (1) the schedule number, class of service, and…

(a) Special contracts are treated as tariff filings. A utility service, commodity, or facility furnished to a customer under an unwritten contract or arrangement must be discontinued unless the parties to it execute a written contract and file it with the commission. This section…

(a) When the name of a utility or pipeline carrier, as shown on a certificate of public convenience and necessity is changed, due to the transfer of operating control of one utility or pipeline carrier to that of another by sale, lease, rental, inheritance, assignment, receiversh…

(a) A newly formed utility, or a utility brought under the commission's jurisdiction by operation of law, shall file its complete tariff with the commission as part of its application for a certificate of public convenience and necessity. A utility filing an application for exten…

(a) When a deposit is required as a condition of receiving utility service the rule which established the deposit requirement shall also set forth the maximum amount of the deposit to be paid, which in no case shall exceed the following amount for a customer of the indicated type…