Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.08.010 Application of chapter.
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(a) This chapter applies to the regulation of in-state natural gas pipelines that provide transportation by contract carriage. (b) An in-state natural gas pipeline subject exclusively to federal jurisdiction is exempt from this chapter.
AS 42.08.020 Qualification of the Alaska Gasline Development Corporation; findings.
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Article 2. Powers and Duties of Regulatory Commission of Alaska. (a) The Alaska Gasline Development Corporation is financially fit, willing, and able to take the actions, perform the service, and conform to the requirements of this chapter. (b) The board of directors and the offi…
AS 42.08.220 General powers and duties.
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(a) The commission shall (1) regulate, under the provisions of this chapter, an in-state natural gas pipeline that provides transportation by way of contract carriage; (2) require permits for the construction, enlargement in size or operating capacity, extension, connection and i…
AS 42.08.230 Commission decision-making procedures.
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The commission shall comply with AS 42.04.080(a) and expeditiously adjudicate all matters that come before the commission.
AS 42.08.240 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 notify all affected operators of in-state natural gas pipeline facilities and interested parties of reports, orders, decisions, and regulations as they are issued and adopt…
AS 42.08.250 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 under this chapter, except that final administrative determinations by the commission are subject to judicial review under AS 44.62…
AS 42.08.260 Annual report.
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Article 3. Contract Review; Contract Carriage Certificate; Open Seasons. The commission shall include in its annual reports under AS 42.05.211 and AS 42.06.220 a review of its activities under this chapter during the previous fiscal year. The report must address the regulation of…
AS 42.08.300 Open seasons.
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(a) An in-state natural gas pipeline carrier shall include in its approved recourse tariff the procedures for conducting open seasons for uncommitted firm transportation service and for expansion. At a minimum, the in-state natural gas pipeline carrier shall publish reasonable pu…
AS 42.08.310 Transportation service.
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(a) Firm transportation service shall be made available only through a presubscription agreement, a recourse tariff, or an open season conducted in accordance with AS 42.08.300. (b) The pipeline carrier shall offer a recourse tariff for firm transportation service. The rates incl…
AS 42.08.320 Review of certain contracts by the commission.
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(a) An in-state natural gas pipeline carrier shall submit each of its precedent agreements for firm transportation service and any substantial amendments to the commission. A precedent agreement negotiated with an entity that is not a public utility regulated by the commission ma…
AS 42.08.330 Contract carriage certificate.
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(a) The owner of an in-state natural gas pipeline subject to this chapter may not engage in the transportation of natural gas or undertake the construction of a natural gas pipeline facility for that purpose, or acquire or operate an in-state natural gas pipeline facility, unless…
AS 42.08.340 Filing requirements; recourse tariffs.
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(a) An in-state natural gas pipeline carrier shall file with the commission a complete recourse tariff containing rates, rules, regulations, terms, and conditions pertaining to service provided under the certificate and copies of all contracts with shippers that in any way affect…
AS 42.08.350 Initial or revised rates.
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(a) An in-state natural gas pipeline carrier may not establish or place in effect an initial recourse tariff containing rates, charges, rules, regulations, conditions of service, or practices without providing notice to the commission and to the public at least 90 days before est…
AS 42.08.370 Expansion; dispute resolution.
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(a) A contract entered into by an in-state natural gas pipeline carrier may provide for expansion unless the expansion would cause the pipeline to be a competing natural gas pipeline project for purposes of AS 43.90. (b) The recourse tariff or a contract filed by an in-state natu…
AS 42.08.380 Regulatory cost charge.
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(a) Each year, a person operating an in-state natural gas pipeline under this chapter shall pay to the commission a regulatory cost charge if the pipeline for which the charge is assessed is subject to this chapter and the commission has taken action on the pipeline or certificat…
AS 42.08.390 Effect of chapter on taxes and royalties.
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Article 4. Public Records; Investigations. Nothing in this chapter shall alter the calculation of a production tax under AS 43.55.011 — 43.55.180 or the calculation of a royalty due for a lease issued under AS 38.05.180.
AS 42.08.400 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 received from an in…
AS 42.08.410 Investigations.
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Article 5. Accounts, Records, and Reports. The commission may investigate any matter for which an investigation is authorized under this chapter. An investigation may be public, nonpublic, or both. In conducting an investigation, the commission may compel the attendance and testi…
AS 42.08.440 Uniform system of accounts.
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An in-state natural gas pipeline carrier operating under this chapter shall maintain its records and accounts in accordance with the uniform system of accounts for class A natural gas pipelines in 18 C.F.R. 201 (Federal Energy Regulatory Commission), as amended.
AS 42.08.450 Accounts; records; triennial reports; operating reserve fund.
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Article 6. General Provisions. (a) To the extent necessary for the commission to perform the duties of the commission under this chapter, (1) the commission may by regulation require an in-state natural gas pipeline carrier or affiliated interest engaged in activities relating to…
AS 42.08.510 Designation of service agents.
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An in-state natural gas 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 on whom service of all notices, regulations, and requests of the commission…
AS 42.08.520 Effect of regulations.
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Regulations adopted by the commission under this chapter have the effect of law.
AS 42.08.530 Judicial review and enforcement.
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(a) Except as provided in AS 38.35.200(c), a final order of the commission under this chapter is subject to judicial review under AS 44.62.560 and 44.62.570. (b) If an appeal is not taken from a final order of the commission within 10 calendar days after an investigation under AS…
AS 42.08.540 Joinder of actions.
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Under the applicable court rules, appeals from orders of the commission and applications for enforcement of orders of the commission may be joined. The court may, in the interests of justice, separate the actions.
AS 42.08.900 Definitions.
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In this chapter, (1) “affiliated” or “affiliated interest,” with respect to an in-state natural gas pipeline carrier, means any person that (A) is controlled or owned, in whole or in part, by the in-state natural gas pipeline carrier; (B) is controlled or owned, in whole or in pa…