Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.05.010 Secs. 42.05.010 — 42.05.131. Establishment of Public Utilities Commission. [Repealed, § 5 ch 113 SLA 1970; § 24 ch 25 SLA 1999.]
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[Repealed or reserved.]
AS 42.05.141 General powers and duties of the commission.
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(a) The Regulatory Commission of Alaska may do all things necessary or proper to carry out the purposes and exercise the powers expressly granted or reasonably implied in this chapter, including (1) regulate every public utility engaged or proposing to engage in a utility busines…
AS 42.05.145 Telecommunications regulation policy; restriction on regulation of telephone directories.
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(a) A utility that provides local exchange or interexchange telecommunications service in the state affects the public interest. Regulation of these utilities shall, consistent with this chapter, seek to maintain and further the efficiency, availability, and affordability of univ…
AS 42.05.150 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.151 Regulations and hearing procedures.
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(a) The commission may adopt regulations, not inconsistent with the law, necessary or proper to exercise its powers and to perform its duties under this chapter. (b) The commission shall adopt regulations governing practice and procedure, consistent with due process of law, inclu…
AS 42.05.160 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.161 Application of Administrative Procedure Act.
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(a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to adjudicatory proceedings of the commission except that final administrative determinations by the commission are subject to judicial review under that Act as provided in AS 4…
AS 42.05.170 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.171 Formal hearings.
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A formal hearing that the commission has power to hold may be held by or before a hearing panel appointed under AS 42.04.080, a hearing examiner, or an administrative law judge designated for the purpose by the chair of the commission. In appropriate cases, a formal hearing may b…
AS 42.05.175 Timelines for issuance of final orders.
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(a) The commission shall issue a final order not later than 180 days after a complete application is filed for an application (1) for a certificate of public convenience and necessity; (2) to amend a certificate of public convenience and necessity; (3) to transfer a certificate o…
AS 42.05.180 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.181 Notice and hearing before final orders.
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A final order of the commission compelling affirmative action, denying a right or privilege, or granting a right or privilege over protest of the public utility or any party of record may not be entered without giving the interested party reasonable notice and an opportunity to b…
AS 42.05.190 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.191 Contents and service of orders.
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Every formal order of the commission shall be based upon the facts of record. However, the commission may, without a hearing, issue an order approving any settlement supported by all the parties of record in a proceeding, including a compromise settlement. Every order entered pur…
AS 42.05.193 Secs. 42.05.193 — 42.05.196. [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.200 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.201 Publication of reports, orders, decisions, and regulations.
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All reports, orders, decisions, and regulations of the commission shall be in writing. The commission shall apprise all affected utilities and interested parties of these reports, orders, decisions, and regulations as they are issued and adopted, and, when appropriate to do so, s…
AS 42.05.210 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.211 Annual report.
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The commission shall, by November 15 of each year, publish an annual report reviewing its activities during the previous fiscal year and notify the legislature that the report is available. The report must address the regulation of public utility service in the state as of June 3…
AS 42.05.220 [Repealed, § 5 ch 113 SLA 1970.]
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Article 2. Certificate of Public Convenience and Necessity.
AS 42.05.221 Certificates required.
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[Repealed or reserved.]
AS 42.05.230 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.231 Application.
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Application for a certificate shall be in writing and shall be in the form and contain the information required by the commission by regulation.
AS 42.05.240 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.241 Conditions of issuance.
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A certificate may not be issued unless the commission finds that the applicant is fit, willing, and able to provide the utility services applied for and that the services are required for the convenience and necessity of the public. The commission may issue a certificate granting…
AS 42.05.250 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.251 Use of municipal public ways.
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Public utilities have the right to a permit to use public streets, alleys, and other public ways of a municipality upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions the municipality requires. The fee may not exceed the a…
AS 42.05.253 Public utility regulatory cost charge. [Repealed, § 36 ch 2 FSSLA 1992.]
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[Repealed or reserved.]
AS 42.05.254 Public utility regulatory cost charge.
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(a) A regulated public utility or a certificated utility that provides telecommunications services operating in the state shall pay to the commission an annual regulatory cost charge in an amount not to exceed the maximum percentage of adjusted gross revenue that applies to the u…
AS 42.05.260 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.261 Discontinuance, suspension, or abandonment of certificated service.
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(a) Except as otherwise provided in this section, a public utility may not discontinue or abandon a service for which a certificate has been issued by the commission unless upon the application of the public utility and if, after notice and opportunity for hearing, the commission…
AS 42.05.270 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.271 Modification, suspension, or revocation of certificates.
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Upon complaint or upon its own motion the commission, after notice and opportunity for hearing and for good cause shown, may amend, modify, suspend, or revoke a certificate, in whole or in part. Good cause for amendment, modification, suspension, or revocation of a certificate in…
AS 42.05.280 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.281 Transfer of certificate.
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A certificate may not be sold or leased, rented, transferred or inherited without the prior approval of the commission.
AS 42.05.290 [Repealed, 5 ch 113 SLA 1970.]
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Article 3. Services and Facilities.
AS 42.05.291 Standards of service and facilities.
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(a) Each public utility shall furnish and maintain adequate, efficient, and safe service and facilities. This service shall be reasonably continuous and without unreasonable interruption or delay. (b) Subject to the provisions of this chapter and the regulations or orders of the …
AS 42.05.296 Telecommunications services for certain disabled subscribers.
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(a) The commission shall adopt regulations to require telecommunications utilities to provide service to subscribers who are deaf, hard of hearing, and speech disabled that permits the subscriber to communicate by one or more telecommunications devices with persons of normal hear…
AS 42.05.300 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.301 Discrimination in service.
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Except as provided in AS 42.05.306, a public utility may not, as to service, make or grant an unreasonable preference or advantage to any person or subject any person to an unreasonable prejudice or disadvantage. A public utility may not establish or maintain or provide an unreas…
AS 42.05.306 Discounted service and reduced rate.
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A public utility may provide a discounted service or a reduced rate for essential local exchange telecommunication services to individuals who receive benefits from a means test social services assistance program administered by the state or federal government. The commission may…
AS 42.05.310 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.311 Joint use and interconnection of facilities.
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(a) A public utility having sewers, conduits, utilidors, poles, pole lines, pipes, pipelines, mains, or other distribution or transmission facilities shall, for a reasonable compensation, permit another public utility to use them when the public convenience and necessity require …
AS 42.05.320 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.321 Failure to agree upon joint use or interconnection.
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(a) In case of failure to agree upon the joint use or interconnection of facilities or the conditions or compensation for joint use or interconnections, the public utility, including any municipality, or an interested person may apply to the commission for an order requiring the …
AS 42.05.325 Registration and regulation of alternate operator services.
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[Repealed or reserved.]
AS 42.05.330 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.331 Standards for measurement.
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The commission shall establish by regulation adequate, fair, and realistic standards for the measurement of quality, pressure, voltage, or other conditions of utility services and shall prescribe reasonable regulations for examination and testing of the service and the accuracy o…
AS 42.05.340 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.341 Testing of meter standards.
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The commission shall provide by regulation for the periodic testing and certification of meter standards by laboratories acceptable to the commission. The commission shall also provide by regulation for the taking of appeals to the commission from the findings of a utility that t…