Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.45.010 Power project fund.
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(a) The power project fund is established as a separate fund. The fund shall be distinct from any other money or funds of the authority and includes only money appropriated by the legislature, proceeds from the sale of loans appropriated by the legislature, and money deposited un…
AS 42.45.020 Rural electrification revolving loan fund.
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Sec. 42.45.030. Loan advisory committee. [Repealed, § 84 ch 58 SLA 1999.] .
AS 42.45.040 Southeast energy fund.
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(a) The Southeast energy fund is established as a separate fund. The fund consists of (1) money appropriated to the fund by the legislature; (2) money transferred to it under former AS 42.45.050; (3) gifts, bequests, contributions from other sources, and federal money; (4) intere…
AS 42.45.045 Renewable energy grant fund and recommendation program.
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(a) A renewable energy grant fund is established as a separate fund to finance certain energy projects in Alaska. (b) The authority shall administer the fund as a fund distinct from other funds of the authority. The fund consists of (1) money appropriated to the fund by the legis…
AS 42.45.050 Four dam pool transfer fund. [Repealed, § 12 ch 60 SLA 2000.]
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[Repealed or reserved.]
AS 42.45.060 Approval by loan committee and legislature. [Repealed, § 11 ch 36 SLA 2004.]
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[Repealed or reserved.]
AS 42.45.065 Reimbursement for costs of power projects.
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Article 2. Power Cost Equalization Endowment Fund. (a) Subject to appropriations for the purpose, during each fiscal year, the authority shall allocate to each entity listed in (b) of this section an amount to reimburse the cost paid by the entity during the immediately preceding…
AS 42.45.070 Power cost equalization endowment fund established.
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(a) The power cost equalization endowment fund is established as a separate fund of the authority. The fund consists of (1) legislative appropriations to the fund that are not designated for annual expenditure for the purpose of power cost equalization; (2) accumulated earnings o…
AS 42.45.080 Management of the power cost equalization endowment fund.
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(a) The power cost equalization endowment fund shall be managed by the corporation under AS 37.13.310. (b) [Repealed, § 6 ch 12 SLA 2023.] (c) On June 30 of each year, the corporation shall determine (1) the average ending market value of the fund for the previous three closed fi…
AS 42.45.085 Use of the power cost equalization endowment fund.
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(a) Five percent of the amount determined by the corporation each year under AS 42.45.080(c)(1) may be appropriated for the following purposes: (1) funding the power cost equalization and rural electric capitalization fund (AS 42.45.100); (2) reimbursement to the corporation for …
AS 42.45.099 Definitions.
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Article 3. Power Cost Equalization and Rural Electric Capitalization. In AS 42.45.070 — 42.45.099, (1) “corporation” means the Alaska Permanent Fund Corporation established in AS 37.13.040; (2) “fund” means the power cost equalization endowment fund established in AS 42.45.070.…
AS 42.45.100 Power cost equalization and rural electric capitalization fund.
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(a) The power cost equalization and rural electric capitalization fund is established as a separate fund for the purpose of (1) equalizing power cost per kilowatt-hour statewide at a cost close to or equal to the mean of the cost per kilowatt-hour in Anchorage, Fairbanks, and Jun…
AS 42.45.110 Entitlement to power cost equalization.
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(a) The costs used to calculate the amount of power cost equalization for all electric utilities eligible under AS 42.45.100 — 42.45.150 include all allowable costs, except return on equity, used by the commission to determine the revenue requirement for electric utilities subjec…
AS 42.45.115 Exclusion from eligibility.
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(a) Notwithstanding the definition of “eligible electric utility” in AS 42.45.150, an electric utility whose primary source of power for sale to customers is one or more of the power projects that were part of the former initial project may not be considered an eligible electric …
AS 42.45.120 Notice to customers.
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If an electric utility receives power cost equalization under AS 42.45.100 — 42.45.150, the utility shall either give to its electric service customers eligible under this program, for each period for which the payment is received, (1) the following notice: NOTICE TO CUSTOMERFor …
AS 42.45.130 Cost minimization.
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(a) In order to qualify for power cost equalization, each electric utility shall make every reasonable effort to minimize administrative, operating, and overhead costs, including using the best available technology consistent with sound utility management practices. In reviewing …
AS 42.45.140 Customer petitions.
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If the authority receives a petition requesting power cost equalization, signed by at least 25 percent of the customers of an electric utility that is subject to rate regulation under AS 42.05 and that has not applied for power cost equalization under AS 42.45.100 — 42.45.150, th…
AS 42.45.150 Definitions for AS 42.45.100 — 42.45.150.
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In AS 42.45.100 — 42.45.150, (1) “commission” means the Regulatory Commission of Alaska. (2) “community facility” means a water and sewer facility, public outdoor lighting, charitable educational facility, or community building whose operations are not paid for by the state, the …
AS 42.45.160 Adjustments to power cost equalization.
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(a) The commission may adjust the power cost equalization per kilowatt-hour, determined under AS 42.45.100 — 42.45.150, payable to an electric utility that is subject to rate regulation under AS 42.05 if the (1) commission has approved a fuel cost rate adjustment caused by an inc…
AS 42.45.170 Equalization assistance to unregulated utilities.
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(a) An electric utility that is not subject to rate regulation by the Regulatory Commission of Alaska under AS 42.05 may receive power cost equalization if the utility is otherwise eligible for equalization assistance under AS 42.45.100 — 42.45.150 and if the utility (1) files wi…
AS 42.45.180 Grants for utility improvements.
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(a) The authority may make a grant from the fund for an eligible utility for a small power project that will reduce the cost of generating or transmitting power to the customers of the utility. The amount of the grant may not exceed 75 percent of the cost of the project. The auth…
AS 42.45.190 Definition for AS 42.45.100 — 42.45.190.
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Article 4. Bulk Fuel Revolving Loan Fund. In AS 42.45.100 — 42.45.190, “fund” means the power cost equalization and rural electric capitalization fund established under AS 42.45.100.
AS 42.45.200 Electrical service extension fund established. [Repealed, § 12 ch 36 SLA 2004.]
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[Repealed or reserved.]
AS 42.45.250 Bulk fuel revolving loan fund.
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(a) The bulk fuel revolving loan fund is established in the division to assist communities, utilities providing power in communities, and fuel retailers in communities in purchasing bulk fuel to generate power or supply the public with fuel for use in communities. A community, or…
AS 42.45.260 Bulk fuel loan account; loans.
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(a) The bulk fuel loan account is established as a separate account within the fund. The division may make loans from the bulk fuel loan account as provided in AS 42.45.250 — 42.45.299. (b) The division shall establish by regulation criteria under which communities or entities el…
AS 42.45.270 Bulk fuel bridge account; loans.
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(a) The bulk fuel bridge loan account is established as a separate account within the fund. Subject to availability of funds in the account, the division may make bulk fuel bridge loans from the bulk fuel bridge loan account as provided in AS 42.45.250 — 42.45.299. (b) A communit…
AS 42.45.280 Bulk fuel loan and bulk fuel bridge loan interest rates.
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(a) Except as provided under (b) and (c) of this section, interest shall be charged on a bulk fuel loan and bulk fuel bridge loan at a base rate of four percent. (b) The division may establish by regulation a program to reduce the interest rate on the second and subsequent bulk f…
AS 42.45.299 Definitions.
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Article 5. Joint Action Agencies. In AS 42.45.250 — 42.45.299, unless the context otherwise requires, (1) “community” means an organized municipality or an unincorporated village that is a social unit if the organized municipality or unincorporated village has a population of les…
AS 42.45.300 Joint action agencies.
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Two or more public utilities may form a joint action agency for the purpose of participation in the design, construction, operation, and maintenance of a generating or transmission facility and to secure financing for carrying out the design, construction, operation, and maintena…
AS 42.45.310 Acquisition of power project.
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(a) Two or more public utilities that purchase power from a power project acquired or constructed as part of the former energy program for the state and owned by the authority under AS 44.83.396 may form a joint action agency under AS 42.45.300 and under this section to purchase …
AS 42.45.320 Liability, indemnification, and insurance.
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Article 6. Water-Power Development Projects. (a) A protected person is not individually liable for conduct performed within the scope of the person's duties for the agency. However, the protected person may be held individually liable for conduct if it was not reasonable for the …
AS 42.45.350 Licensing of water-power development projects.
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Article 7. Emerging Energy Technology Fund. (a) The Regulatory Commission of Alaska shall adopt regulations to establish a regulatory program for water-power development projects that qualify under this section. (b) The regulatory program established under this section must (1) p…
AS 42.45.375 Emerging energy technology fund; grant program.
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Article 8. Miscellaneous Provisions.
AS 42.45.400 [Renumbered as AS 42.45.900.]
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[Repealed or reserved.]
AS 42.45.410 [Renumbered as AS 42.45.910.]
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[Repealed or reserved.]
AS 42.45.900 Assistance to rural utilities.
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(a) The authority shall provide technical assistance to rural utilities including catastrophe prevention programs and other training programs for utility projects. The authority shall provide rural utilities with the technical assistance and training that the utilities need to im…
AS 42.45.910 Relationship with private sector.
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Article 9. General Provisions. The authority shall, to the maximum extent feasible, carry out its powers and duties under this chapter by entering into contracts with appropriate entities in the private sector.
AS 42.45.990 Definitions.
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In this chapter, unless the context otherwise requires, (1) “authority” means the Alaska Energy Authority; (2) “feasibility study” (A) means a study conducted to establish the economic and environmental practicality of completing a proposed power project; (B) includes engineering…