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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 42.05.141 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 42.05.151 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 42.05.161 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 42.05.171 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 42.05.181 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 42.05.191 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 42.05.201 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 42.05.211 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 42.05.221 Certificates required.

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(a) A public utility may not operate and receive compensation for providing a commodity or service without first having obtained from the commission under this chapter a certificate declaring that public convenience and necessity require or will require the service. Where a publi…

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 42.05.241 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 42.05.251 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 42.05.254 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 42.05.261 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 42.05.271 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 42.05.281 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 42.05.291 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 42.05.301 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 42.05.311 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 42.05.321 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.

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 42.05.341 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…

AS 42.05.351 Testing of appliances.

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The commission shall provide for the examination and testing of appliances used for the measuring of a service of a public utility and may purchase equipment, apparatus, and standards required for this purpose. The commissioner of transportation and public facilities may assign t…

AS 42.05.361 Tariffs, contracts, filing, and public inspection.

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(a) Under regulations the commission shall adopt, every public utility shall file with the commission, within the time and in the form the commission designates, its complete tariff showing all rates, including joint rates, tolls, rentals, and charges collected and all classifica…

AS 42.05.365 Interest on deposits.

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(a) A public utility may collect and retain a deposit for contracted recurring monthly service. A public utility that collects and retains a deposit of over $100 for recurring monthly service shall pay interest on that deposit at or before the time it is returned. Interest paid u…

AS 42.05.371 Adherence to tariffs.

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The terms and conditions under which a public utility offers its services and facilities to the public shall be governed strictly by the provisions of its currently effective tariffs. A legally filed and effective tariff rate, charge, toll, rental, rule, regulation, or condition …

AS 42.05.381 Rates to be just and reasonable.

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(a) All rates demanded or received by a public utility, or by any two or more public utilities jointly, for a service furnished or to be furnished shall be just and reasonable; however, a rate may not include an allowance for costs of political contributions, or public relations …

AS 42.05.385 Charges for water and sewer line extensions.

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(a) A water or sewer line extension may not be constructed unless the legislative body of each municipality through which the extension passes has approved the extension. This subsection does not apply to an extension that will not create any charges or assessments against the ad…

AS 42.05.391 Discrimination in rates.

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(a) Except as provided in AS 42.05.306, a public utility may not, as to rates, grant an unreasonable preference or advantage to any of its customers or subject a customer to an unreasonable prejudice or disadvantage. A public utility may not establish or maintain an unreasonable …

AS 42.05.401 Apportionment of joint rates.

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(a) If public utilities share in a joint rate the apportionment of receipts shall be just and reasonable. The method of apportionment shall be approved by the commission and the commission may, if it considers it to be in the public interest, establish the portion to which each p…

AS 42.05.411 New or revised tariffs.

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(a) A public utility may not establish or place in effect any new or revised rates, charges, rules, regulations, conditions of service or practices except after 45 days' notice to the commission and 30 days' notice to the public. Notice shall be given to the commission by filing …

AS 42.05.421 Suspension of tariff filing.

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(a) When a tariff filing is made containing a new or revised rate, classification, rule, regulation, practice, or condition of service the commission may, either upon written complaint or upon its own motion, after reasonable notice, conduct a hearing to determine the reasonablen…

AS 42.05.431 Power of commission to fix rates.

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(a) When the commission, after an investigation and hearing, finds that a rate demanded, observed, charged, or collected by a public utility for a service subject to the jurisdiction of the commission, or that a classification, rule, regulation, practice, or contract affecting th…

AS 42.05.433 Review of certain contracts by the commission.

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(a) A precedent agreement or contract entered into by a public utility with the Alaska Gasline Development Corporation or its successors or assigns may contain a covenant for the public utility to establish, charge, and collect rates sufficient to meet its obligations under the c…

AS 42.05.441 Valuation of property of a public utility.

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(a) The commission may, after providing reasonable notice and opportunity to be heard, ascertain and set the fair value of the whole or any part of the property of a public utility, insofar as it is material to the exercise of the jurisdiction of the commission. The commission ma…

AS 42.05.451 System of accounts and reports.

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(a) The commission may classify the public utilities under its jurisdiction and prescribe a uniform system of accounts for each class and the manner in which the accounts and supporting records shall be kept. (b) A public utility shall maintain its accounts on a calendar year bas…

AS 42.05.461 Continuing property records.

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The commission may require a public utility to establish, provide, and maintain as a part of its system of accounts, continuing property records segregated by the year of placement in service, including a list or inventory of all the units of tangible property used or useful in t…

AS 42.05.471 Depreciation rates and accounts.

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(a) To provide for the loss in service value of its property, not restored by current maintenance, a utility shall charge adequate, but not excessive, depreciation expense for each major class of utility property used and useful in serving the public. From time to time the commis…

AS 42.05.481 Separate Business Accounts.

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A public utility engaged, directly or indirectly, in another business, including another utility business or a subsidiary business, shall keep separate accounts relating to that business. Except as the commission provides, property, expense, or revenue used in or derived from tha…

AS 42.05.491 Records and accounts to be kept in state.

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A public utility shall keep the books, accounts, papers, and records required by the commission in an office within this state, and may not remove them from the state, except upon the terms and conditions that may be prescribed by the commission. The provisions of this section do…

AS 42.05.501 Inspection of books and records.

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(a) The commission shall at all reasonable times have access to, and may designate any of its employees, agents, or consultants to inspect and examine, the accounts, records, books, maps, inventories, appraisals, valuations, or other reports and documents, kept by public utilitie…

AS 42.05.505 Records of gas storage facilities.

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Records held by the commission related to the finances of a gas storage facility, a liquefied natural gas storage facility, or a public utility providing the service of natural gas storage, including financial statements and financial assurance agreements, are confidential and ar…

AS 42.05.511 Unreasonable management practices.

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(a) The commission may investigate the management of a public utility, including staffing patterns, wage and salary scales and agreements, investment policies and practices, and purchasing and payment arrangements with affiliated interests, for the purpose of determining ineffici…

AS 42.05.521 Impaired capital.

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When the commission finds that the capital of a public utility corporation is impaired, or might become impaired, it may, after investigation and hearing, issue an order directing the public utility to cease paying dividends on its common stock until the impairment has been remov…

AS 42.05.531 Distribution of surplus and profits.

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The surplus and profits of a public utility shall be distributed in accordance with the bylaws or ordinances controlling the utility.