Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.06.010 Secs. 42.06.010 — 42.06.050. Legislative policy; Alaska Pipeline Commission. [Repealed, § 20 ch 110 SLA 1981.]
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Article 1. Powers and Duties of Regulatory Commission of Alaska.
AS 42.06.055 Commission decision-making procedures.
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The commission shall comply with AS 42.04.080 for matters that come before the commission for decision.
AS 42.06.060 Secs. 42.06.060 — 42.60.120. Alaska Pipeline Commission. [Repealed, § 20 ch 110 SLA 1981.]
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[Repealed or reserved.]
AS 42.06.130 [Renumbered as AS 42.06.605.]
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[Repealed or reserved.]
AS 42.06.140 General powers and duties.
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(a) The commission (1) shall regulate pipelines and pipeline carriers in the state; (2) may investigate upon complaint or its own motion, the rates, classifications, rules, regulations, prices, services, practices, and facilities of pipeline carriers, and the performance of oblig…
AS 42.06.150 Powers and duties with respect to federally regulated carriers.
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AS 42.06.140 applies to oil and gas pipeline carriers regulated under federal law only to the extent not preempted by federal law.
AS 42.06.160 Secs. 42.06.160 — 42.06.200. Administrative authority and procedures. [Repealed, § 20 ch 110 SLA 1981.]
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[Repealed or reserved.]
AS 42.06.210 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 operators of oil or gas pipeline facilities and interested parties of these reports, orders, decisions, and regulations as they are issued and adopted,…
AS 42.06.220 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 oil and gas pipeline facilities in the state as …
AS 42.06.230 Jurisdiction of commission.
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Article 2. Certificate of Public Convenience and Necessity. (a) Except as to jurisdiction of the Department of Law as provided by AS 42.06.140(a)(10), the jurisdiction and authority over the subject matter of this chapter is exclusively in the commission. To the extent that the p…
AS 42.06.240 Certificate required; special requirements for North Slope natural gas.
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(a) After January 1, 1974 a pipeline carrier, or person that will be a pipeline carrier upon completion of any proposed construction or extension, may not engage in the transportation of oil or gas by pipeline subject to the jurisdiction of the commission, or undertake the constr…
AS 42.06.245 Federally regulated carriers.
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The requirements of this chapter pertaining to permits and certificates of public convenience and necessity do not apply to the construction of a pipeline facility exclusively subject to federal jurisdiction or to the interstate portion of the business of a pipeline or pipeline c…
AS 42.06.250 Application.
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Application for a certificate shall be made in writing to the commission, verified under oath. The commission, by regulation, shall establish the requirements for the form of the application, and the information to be contained in it. Notice of the application shall be served upo…
AS 42.06.260 Public hearings.
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At least 30 days before issuing a certificate of convenience and necessity, the commission shall hold a public hearing on the application. Copies of the completed application shall be made available to the public at least 10 days before the public hearing date. A transcript of th…
AS 42.06.270 Grant or denial of application.
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(a) Unless governed by AS 42.06.240(b), a certificate shall be issued to a qualified applicant, authorizing the whole or any part of the operation, service, construction, extension, or acquisition covered by the application, if it is found that the applicant is able and willing p…
AS 42.06.280 Insurance and security.
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The commission may require a lessee to procure and furnish liability and property damage insurance from a company licensed to do business in the state or furnish other security or undertaking upon the terms and conditions the commission considers necessary if the commission finds…
AS 42.06.285 Pipeline carrier regulatory cost charge. [Repealed, § 36 ch 2 FSSLA 1992.]
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[Repealed or reserved.]
AS 42.06.286 Pipeline carrier regulatory cost charge.
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(a) A pipeline carrier operating in the state shall pay to the commission an annual regulatory cost charge in an amount not to exceed the sum of the following percentages of gross revenue derived from operations in the state: (1) not more than .98 percent to fund the operations o…
AS 42.06.290 Abandonment; discontinuance, and suspension of service.
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(a) A pipeline carrier may not abandon or permanently discontinue use of all or any portion of a pipeline or abandon or discontinue any service rendered by means of a pipeline that is the subject of a certificate of convenience and necessity, without the permission and approval o…
AS 42.06.300 Modification, suspension, or revocation of certificates.
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Upon complaint or upon its own motion the commission, after due notice and 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 shall be (1) t…
AS 42.06.305 Transfer of operating authority.
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Article 3. Services and Facilities. (a) Operating authority may not be transferred by sale or lease of the certificate or by the sale of substantially all of the stock or assets of a pipeline carrier holding a certificate without the prior approval of the commission. A transfer n…
AS 42.06.310 Standards of service and facilities.
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(a) Each oil or gas pipeline facility shall furnish and maintain adequate, efficient, and safe service and facilities. This service shall be reasonably continuous and without unreasonable interruption or delay. (b) If the commission, upon its own motion or upon complaint, after p…
AS 42.06.320 Discrimination in service.
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An oil or gas pipeline carrier 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. An oil or gas pipeline facility that is owned by more than one owner may not require that…
AS 42.06.330 Power of commission to allocate usage.
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If the commission, upon its own motion or upon complaint, after providing reasonable notice and opportunity for hearing, finds that an oil or gas pipeline facility is making or granting an unreasonable preference or advantage to any person or subjecting any person to an unreasona…
AS 42.06.340 Order for joint use or connection.
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Article 4. Rates and Rate Schedules. (a) When there is failure to agree upon the joint use or interconnection of oil or gas pipeline facilities or the conditions or compensation for joint use or interconnections, any interested person may apply to the commission for an order requ…
AS 42.06.350 Tariffs, contracts, filing, and public inspection.
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(a) Under regulations adopted by the commission, every intrastate oil or gas pipeline carrier shall file with the commission, within the time and in the form designated by the commission, all rates, tariffs, charges, classifications, rules, regulations, terms, and conditions pert…
AS 42.06.360 Adherence to tariffs.
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The terms and conditions under which a pipeline carrier 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, rule, regulation, or condition of service m…
AS 42.06.370 Rates to be just and reasonable.
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(a) All rates demanded or received by a pipeline carrier, or by any two or more pipeline carriers jointly, for a service furnished or to be furnished shall be just and reasonable. (b) Additional regulations governing determination of a reasonable tariff shall be published by the …
AS 42.06.380 Discrimination in rates.
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[Repealed or reserved.]
AS 42.06.390 Initial or revised rates.
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(a) A pipeline carrier may not establish or place in effect any initial rates, charges, rules, regulations, conditions of service or practices except after 90 days' notice to the commission and to the public. Notice shall be given by filing with the commission and keeping open fo…
AS 42.06.400 Suspension of tariff filing.
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(a) When a tariff filing is made containing an initial 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 reason…
AS 42.06.410 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 pipeline carrier for a service, subject to the jurisdiction of the commission, or that a classification, rule, regulation, practice, or contract affecting…
AS 42.06.420 Valuation of property of a pipeline carrier.
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Article 5. Accounts, Records, and Reports. 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 pipeline carrier, insofar as it is material to the exercise of the jurisdic…
AS 42.06.430 General provisions as to accounts, records, and reports.
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To the extent necessary to the performance of the duties of the commission as provided in this chapter, (1) the commission by regulation shall, for the purposes of this section, classify pipeline facilities, and may designate the pipeline facilities or groups of pipeline faciliti…
AS 42.06.440 Inspection of records.
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(a) Subject to AS 31.05.035(c), 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 docume…
AS 42.06.445 Public records.
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(a) Except as provided in (b) and (c) of this section, or prohibited from disclosure under state or federal law, records in the possession of the commission are open to public inspection at reasonable times. (b) The commission may, by regulation, classify records submitted to it …
AS 42.06.450 Investigations.
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The commission may investigate any matter that affects the cost or quality of transportation of oil or gas in this state by pipeline carriers or affiliated interests or of related services and may ensure compliance by pipeline carriers and their affiliated interests with the prov…
AS 42.06.460 Designation of service agents.
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Article 6. Enforcement Provisions. Each pipeline carrier shall file with the commission a written appointment of a named permanent resident, which may be a corporation, of this state as its registered agent in this state upon whom service of all notices, regulations, and requests…
AS 42.06.470 Effect of regulations.
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Regulations adopted by the commission under this chapter have the effect of law.
AS 42.06.480 Review and enforcement.
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(a) All final orders of the commission are subject to judicial review under AS 44.62.560 — 44.62.570. (b) If an appeal is not taken from a final order of the commission within 10 calendar days, the commission may apply to the superior court for enforcement of this chapter, the re…
AS 42.06.490 Secs. 42.06.490 — 42.06.500. Complaint against pipeline carriers; adjudication. [Repealed, § 20 ch 110 SLA 1981.]
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[Repealed or reserved.]
AS 42.06.510 [Renumbered as AS 42.06.445.]
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[Repealed or reserved.]
AS 42.06.520 [Renumbered as AS 42.06.607.]
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[Repealed or reserved.]
AS 42.06.530 Injunctions and monetary sanctions.
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(a) The full amount of damages determined by a civil action may be compromised by the commission. In determining the amount of the damages, or the amount agreed upon in compromise, the gravity of the violation, and the good faith of the person charged in attempting to achieve com…
AS 42.06.540 Civil penalties.
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(a) In addition to all other penalties and remedies provided by law, a person subject to the provisions of this chapter, as well as an officer, manager, agent, or employee of that person, that either violates or procures, aids, or abets the violation of any provision of this chap…
AS 42.06.550 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 the violation continues constitutes a separate offense.
AS 42.06.560 Actions to recover damages and penalties; disposition.
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(a) Actions to recover damages and penalties under this chapter shall be brought by the attorney general in a court of competent jurisdiction. (b) All damages and penalties recovered under the provisions of this chapter shall be paid to the commission and deposited by it in the g…
AS 42.06.570 Penalties cumulative.
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(a) All penalties imposed under this chapter are cumulative. (b) An action to recover a civil penalty is not a bar to an enforcement proceeding to require compliance, or to any other remedy provided by this chapter.
AS 42.06.580 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 damages or penalties may be joined. The court may in the interests of justice separate the actions.
AS 42.06.590 Private cause of action.
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Article 7. General Provisions. (a) A person subjected to an unlawful rate, price, service, or practice, in violation of this chapter, may sue in a state court of appropriate jurisdiction for damages resulting from the unlawful rate, price, service, or practice. (b) If the violati…