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Alaska Statutes, Title 42

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Alaska/Statutes

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Title 42, Public Utilities and Carriers and Energy Programs

13 chapters · 356 sections in this title.

All chapters in Title 42356 Ch 05, Alaska Public Utilities Regulatory Act.99 Ch 40, Alaska Railroad Corporation.96 Ch 06, Pipeline Act.49 Ch 45, Rural and Statewide Energy Programs.33 Ch 30, Miscellaneous Regulations Governing …27 Ch 08, In-State Pipeline Contract Carrier.25 Ch 20, Telegraph and Telephone Systems and …18 Ch 04, Regulatory Commission of Alaska.9

99 sections·Filtered byTitle 42✕Ch 05✕

AS 42.05.541 Effect of regulations.
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Regulations adopted and issued by the commission in accordance with this chapter have the effect of law.
AS 42.05.551 Review and enforcement.
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(a) All final orders of the commission are subject to judicial review in accordance with AS 44.62.560 — 44.62.570. (b) If an appeal is not taken from a final order of the commission, the commission may apply to the superior court for enforcement of this chapter, the regulations a…
AS 42.05.561 Injunctions and monetary sanctions.
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(a) A person who violates a provision of AS 42.05.291 insofar as it governs the safety of pipeline facilities and the transportation of gas, or of any regulation issued under AS 42.05.291 is subject to a civil penalty of not more than $1,000 for each violation for each day that t…
AS 42.05.571 Civil penalties.
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(a) In addition to all other penalties and remedies provided by law, a public utility and every person, and their lessees or receivers appointed by a court in any way subject to the provisions of this chapter, together with their officers, managers, agents, or employees that eith…

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AS 42.05.581 Each violation a separate offense.

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Each violation of a provision of this chapter or of an order, decision, regulation, or written requirement of the commission is a separate and distinct offense, and in case of a continuing violation each day's continuance is a separate and distinct offense.

AS 42.05.601 Actions to recover penalties; disposition.

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(a) Actions to recover penalties under this chapter shall be brought by the attorney general in a court of competent jurisdiction. (b) All penalties recovered under the provisions of this chapter shall be paid to the commission and deposited by it in the general fund of the state…

AS 42.05.611 Penalties cumulative.

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(a) All penalties imposed under this chapter are cumulative and an action for the recovery of a civil penalty is not a bar to any criminal prosecution. A criminal prosecution is not a bar to an action for the recovery of a civil penalty. (b) Neither a criminal prosecution nor an …

AS 42.05.621 Joinder of actions.

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Under the applicable court rules, appeals from orders of the commission, applications for enforcement of commission orders, and actions for recovery of a penalty may be joined. The court may, in the interests of justice, separate the action.

AS 42.05.631 Eminent domain.

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A public utility may exercise the power of eminent domain for public utility uses. This section does not authorize the use of a declaration of taking.

AS 42.05.641 Regulation by municipality.

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The commission's jurisdiction and authority extend to public utilities operating within a municipality, whether home rule or otherwise. In the event of a conflict between a certificate, order, decision, or regulation of the commission and a charter, permit, franchise, ordinance, …

AS 42.05.651 Expenses of investigation or hearing.

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(a) During a hearing or investigation held under this chapter, the commission may allocate the costs of the hearing or investigation among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory …

AS 42.05.661 Application fees.

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With each application relating to a certificate the applicant shall pay the commission a fee set by the commission by regulation that shall be deposited in the general fund of the state.

AS 42.05.671 Public records.

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(a) Except as provided in (b) of this section, records in the possession of the commission are open to public inspection at reasonable times. (b) The commission may, by regulation, classify the records submitted to it by regulated utilities as privileged records that are not open…

AS 42.05.681 Validity of certain certificates.

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A certificate issued before July 29, 1968, to a public utility for the generation, transmission, or distribution of electric energy and power, or for the furnishing of telecommunications may not be considered as terminated or voided for the sole reason that the utility did not or…

AS 42.05.691 Utility classes.

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The commission may by regulation provide for the classification of public utilities based upon differences in annual revenue, assets, nature of ownership, and other appropriate distinctions and as between these classifications, by regulation, provide for different reporting, acco…

AS 42.05.711 Exemptions.

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(a) The provisions of this chapter do not apply to a person who furnishes water, gas or petroleum or petroleum products by tank, wagon, or similar conveyance, unless the person is thereby supplying water, gas, petroleum or petroleum products to a public utility in which the perso…

AS 42.05.712 Deregulation ballot.

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(a) A utility or cooperative that may elect to be exempt from the provisions of this chapter shall poll its subscribers or members in the manner described in this section. (b) The votes of a majority of those voting in an election in which at least 15 percent of the eligible subs…

AS 42.05.725 Applicability.

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(a) AS 42.05.725 — 42.05.735 apply to an electric utility that is subject to exercise of the jurisdiction of the commission that extends to matters concerning rates and charges for public utility services. (b) AS 42.05.725 — 42.05.735 do not apply to an electric system that is ex…

AS 42.05.727 Community energy programs.

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(a) An electric utility subject to AS 42.05.725 — 42.05.735 shall make a community energy program available to a subscriber organization that requests interconnection. The electric utility shall allow eligible community energy facilities to interconnect to the facilities of the e…

AS 42.05.729 Charges and rates.

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The commission shall adopt bill credit rates for electric utilities subject to AS 42.05.725 — 42.05.735 that consider the full economic value provided by community energy facilities. The commission may adopt a separate rate for capacity provided by a community energy facility thr…

AS 42.05.731 Authority and duties of the commission.

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(a) The commission may modify or waive a requirement in AS 42.05.725 — 42.05.735, in whole or in part, by order. An application for modification or waiver under this section must be in writing and must set out the pertinent facts in sufficient detail to support a finding by the c…

AS 42.05.735 Definitions.

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In AS 42.05.725 — 42.05.735, (1) “community energy facility” is a renewable energy generating facility under a certificated electric utility's community energy tariff that is not connected to a retail consumer's electricity meter and provides all or a portion of the electrical en…

AS 42.05.750 On-bill financing of energy efficiency and conservation improvements; authorization and eligibility.

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(a) A utility may enter into a written on-bill financing agreement with a customer to finance the purchase and installation of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system in a residence or building that is eligible und…

AS 42.05.751 Meter conservation charge.

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(a) A meter conservation charge assessed under AS 42.05.750(a) may only be used to recover the (1) actual costs incurred by the utility for the purchase, installation, and financing of the renewable energy system, energy efficiency device, energy storage device, or energy conserv…

AS 42.05.752 Notice of on-bill financing agreement and meter conservation charge.

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(a) A utility that enters into an on-bill financing agreement shall file notice of the on-bill financing agreement and related meter conservation charge in the recording district in which the residence or building subject to the agreement is located. Notice under this subsection …

AS 42.05.753 Transferability of on-bill financing balances to subsequent owners.

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A utility that enters into an on-bill financing agreement may recover the balance of the costs allowed under the agreement from a subsequent owner of the residence or building in which the renewable energy system, energy efficiency device, energy storage device, or energy conserv…

AS 42.05.754 Rental property.

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A utility may recover the costs under an on-bill financing agreement for a rental property by assessing a meter conservation charge on a utility bill only if the landlord is responsible for the entire utility bill, including the meter conservation charge.

AS 42.05.755 Third parties; contracting and liability.

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(a) A utility may contract with a third party to perform functions permitted under AS 42.05.750 — 42.05.754, including financing the purchase and installation costs for a renewable energy system, energy efficiency device, energy storage device, or energy conservation system. The …

AS 42.05.756 Definitions.

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In AS 42.05.750 — 42.05.756, (1) “energy conservation system” includes a fuel-switching system; in this paragraph, “fuel-switching” means the replacement of existing fuel-consuming equipment using a particular fuel with equipment that uses another fuel that does not increase gree…

AS 42.05.760 Electric reliability organizations.

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(a) An electric utility must participate in an electric reliability organization if the utility operates in an interconnected electric energy transmission network served by an electric reliability organization certificated by the commission. The commission may not require an elec…

AS 42.05.762 Duties of an electric reliability organization.

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An electric reliability organization shall (1) develop reliability standards that provide for an adequate level of reliability of an interconnected electric energy transmission network; (2) develop integrated resource plans under AS 42.05.780(a); (3) establish rules to (A) ensure…

AS 42.05.765 Reliability standards.

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(a) An electric reliability organization shall file each reliability standard or modification to a reliability standard with the commission as a new or revised tariff provision. All users, owners, and operators of an interconnected electric energy transmission network served by a…

AS 42.05.767 Electric reliability organization rules; approval.

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An electric reliability organization shall file with the commission each proposed rule or proposed rule change, along with an explanation of the basis and purpose of the proposed rule or proposed rule change. The commission may, on its own motion or upon complaint, propose a chan…

AS 42.05.770 Regulations.

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The commission shall adopt regulations governing electric reliability organizations, reliability standards, and modifications to reliability standards consistent with this section. Regulations under AS 42.05.760 — 42.05.790 must (1) require that an electric reliability organizati…

AS 42.05.772 Duties of load-serving entities.

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All load-serving entities, including load-serving entities otherwise exempt from regulation under this chapter, in an interconnected bulk-electric system served by an electric reliability organization are subject to the electric reliability organization's tariff on file with the …

AS 42.05.775 Penalties.

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(a) An electric reliability organization may impose a penalty on a user, owner, or operator of an interconnected electric energy transmission network for a violation of a reliability standard if, after notice and a hearing, the electric reliability organization (1) finds that the…

AS 42.05.780 Integrated resource planning.

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(a) An electric reliability organization shall file with the commission in a petition for approval an integrated resource plan for meeting the reliability requirements of all customers within its interconnected electric energy transmission network in a manner that provides the gr…

AS 42.05.785 Project preapproval for large energy facilities.

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(a) A public utility, including a public utility that is exempt from other regulation under AS 42.05.711 or another provision of this chapter, that is interconnected with an interconnected electric energy transmission network served by an electric reliability organization certifi…

AS 42.05.790 Definitions.

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In AS 42.05.760 — 42.05.790, (1) “cybersecurity incident” means a malicious act or suspicious event that disrupts or attempts to disrupt the security of data or the operation of programmable electronic devices and communication networks, including hardware and software that are e…

AS 42.05.800 Findings.

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The legislature finds that (1) modern, affordable, efficient, and universally available local and long distance telephone service is essential to the people of the state; (2) facilities based, long distance telephone service should be provided competitively wherever possible; (3)…

AS 42.05.810 Competition.

AS 42.05.820 No municipal regulation.

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A long distance telephone company or a local exchange carrier that is exempted in whole or in part from complying with all or a portion of this chapter may not be regulated by a municipality under AS 29.35.060 and 29.35.070.

AS 42.05.830 Exchange access charges.

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In providing for competition under AS 42.05.800 — 42.05.890, the commission shall establish a system of access charges to be paid by long distance carriers to compensate local exchange carriers for the cost of originating and terminating long distance services.

AS 42.05.840 Universal service fund.

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The commission may establish a universal service fund or other mechanism to be used to ensure the provision of long distance telephone service at reasonable rates throughout the state and to otherwise preserve universal service.

AS 42.05.850 Exchange carrier association.

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The commission may require the local exchange carriers to form an association to assist in administering the system of access charges and may require the association to file tariffs and to engage in pooling of exchange access costs and revenue if necessary to achieve the purposes…

AS 42.05.860 Restrictions on resale of telecommunications services prohibited.

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A telephone company may not prohibit or restrict the resale of telecommunications service. If an interexchange telecommunications service is resold, the reseller shall receive credit in an appropriate amount for an applicable exchange access charge if the credit is necessary to p…

AS 42.05.890 Definitions.

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In AS 42.05.800 — 42.05.890, (1) “local exchange carrier” means any carrier certificated to provide local telephone services; (2) “long distance carrier” or “long distance telephone company” means any carrier certificated to provide long distance telephone services; (3) “long dis…

AS 42.05.990 Definitions.

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In this chapter, (1) “affiliated interest” includes (A) a person owning or holding directly or indirectly five percent or more of the voting securities of a public utility engaged in intrastate business in this state; (B) a person, other than those specified in (A) of this paragr…

AS 42.05.995 Short title.

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This chapter may be cited as the Alaska Public Utilities Regulatory Act.