Title 42 — Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
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AS 42.05.530 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
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.
AS 42.05.540 [Repealed, § 5 ch 113 SLA 1970.]
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Article 7. Judicial Review, Penalties, and Enforcement.
AS 42.05.541 Effect of regulations.
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Regulations adopted and issued by the commission in accordance with this chapter have the effect of law.
AS 42.05.550 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.551 Review and enforcement.
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(a) All final orders of the commission are subject to judicial review in accordance with AS 44.62.560 — 44.62.570. (b) If an appeal is not taken from a final order of the commission, the commission may apply to the superior court for enforcement of this chapter, the regulations a…
AS 42.05.560 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.561 Injunctions and monetary sanctions.
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(a) A person who violates a provision of AS 42.05.291 insofar as it governs the safety of pipeline facilities and the transportation of gas, or of any regulation issued under AS 42.05.291 is subject to a civil penalty of not more than $1,000 for each violation for each day that t…
AS 42.05.570 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.571 Civil penalties.
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(a) In addition to all other penalties and remedies provided by law, a public utility and every person, and their lessees or receivers appointed by a court in any way subject to the provisions of this chapter, together with their officers, managers, agents, or employees that eith…
AS 42.05.580 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.581 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's continuance is a separate and distinct offense.
AS 42.05.590 Secs. 42.05.590 — 42.05.600. [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.601 Actions to recover penalties; disposition.
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(a) Actions to recover penalties under this chapter shall be brought by the attorney general in a court of competent jurisdiction. (b) All penalties recovered under the provisions of this chapter shall be paid to the commission and deposited by it in the general fund of the state…
AS 42.05.610 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.611 Penalties cumulative.
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(a) All penalties imposed under this chapter are cumulative and an action for the recovery of a civil penalty is not a bar to any criminal prosecution. A criminal prosecution is not a bar to an action for the recovery of a civil penalty. (b) Neither a criminal prosecution nor an …
AS 42.05.620 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.621 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 a penalty may be joined. The court may, in the interests of justice, separate the action.
AS 42.05.630 [Repealed, § 5 ch 113 SLA 1970.]
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Article 8. Miscellaneous Provisions.
AS 42.05.631 Eminent domain.
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A public utility may exercise the power of eminent domain for public utility uses. This section does not authorize the use of a declaration of taking.
AS 42.05.640 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.641 Regulation by municipality.
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The commission's jurisdiction and authority extend to public utilities operating within a municipality, whether home rule or otherwise. In the event of a conflict between a certificate, order, decision, or regulation of the commission and a charter, permit, franchise, ordinance, …
AS 42.05.645 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.650 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.651 Expenses of investigation or hearing.
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(a) During a hearing or investigation held under this chapter, the commission may allocate the costs of the hearing or investigation among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory …
AS 42.05.661 Application fees.
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[Repealed or reserved.]
AS 42.05.671 Public records.
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(a) Except as provided in (b) of this section, records in the possession of the commission are open to public inspection at reasonable times. (b) The commission may, by regulation, classify the records submitted to it by regulated utilities as privileged records that are not open…
AS 42.05.681 Validity of certain certificates.
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A certificate issued before July 29, 1968, to a public utility for the generation, transmission, or distribution of electric energy and power, or for the furnishing of telecommunications may not be considered as terminated or voided for the sole reason that the utility did not or…
AS 42.05.691 Utility classes.
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The commission may by regulation provide for the classification of public utilities based upon differences in annual revenue, assets, nature of ownership, and other appropriate distinctions and as between these classifications, by regulation, provide for different reporting, acco…
AS 42.05.701 [Renumbered as AS 42.05.720.]
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[Repealed or reserved.]
AS 42.05.711 Exemptions.
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(a) The provisions of this chapter do not apply to a person who furnishes water, gas or petroleum or petroleum products by tank, wagon, or similar conveyance, unless the person is thereby supplying water, gas, petroleum or petroleum products to a public utility in which the perso…
AS 42.05.712 Deregulation ballot.
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(a) A utility or cooperative that may elect to be exempt from the provisions of this chapter shall poll its subscribers or members in the manner described in this section. (b) The votes of a majority of those voting in an election in which at least 15 percent of the eligible subs…
AS 42.05.720 [Renumbered as AS 42.05.990.]
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[Repealed or reserved.]
AS 42.05.721 [Renumbered as AS 42.05.995.]
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Article 9. Community Energy Facilities.
AS 42.05.725 Applicability.
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(a) AS 42.05.725 — 42.05.735 apply to an electric utility that is subject to exercise of the jurisdiction of the commission that extends to matters concerning rates and charges for public utility services. (b) AS 42.05.725 — 42.05.735 do not apply to an electric system that is ex…
AS 42.05.727 Community energy programs.
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(a) An electric utility subject to AS 42.05.725 — 42.05.735 shall make a community energy program available to a subscriber organization that requests interconnection. The electric utility shall allow eligible community energy facilities to interconnect to the facilities of the e…
AS 42.05.729 Charges and rates.
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The commission shall adopt bill credit rates for electric utilities subject to AS 42.05.725 — 42.05.735 that consider the full economic value provided by community energy facilities. The commission may adopt a separate rate for capacity provided by a community energy facility thr…
AS 42.05.731 Authority and duties of the commission.
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(a) The commission may modify or waive a requirement in AS 42.05.725 — 42.05.735, in whole or in part, by order. An application for modification or waiver under this section must be in writing and must set out the pertinent facts in sufficient detail to support a finding by the c…
AS 42.05.735 Definitions.
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Article 10. On-Bill Financing of Energy Efficiency and Conservation Improvements. In AS 42.05.725 — 42.05.735, (1) “community energy facility” is a renewable energy generating facility under a certificated electric utility's community energy tariff that is not connected to a reta…
AS 42.05.750 On-bill financing of energy efficiency and conservation improvements; authorization and eligibility.
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(a) A utility may enter into a written on-bill financing agreement with a customer to finance the purchase and installation of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system in a residence or building that is eligible und…
AS 42.05.751 Meter conservation charge.
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(a) A meter conservation charge assessed under AS 42.05.750(a) may only be used to recover the (1) actual costs incurred by the utility for the purchase, installation, and financing of the renewable energy system, energy efficiency device, energy storage device, or energy conserv…
AS 42.05.752 Notice of on-bill financing agreement and meter conservation charge.
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(a) A utility that enters into an on-bill financing agreement shall file notice of the on-bill financing agreement and related meter conservation charge in the recording district in which the residence or building subject to the agreement is located. Notice under this subsection …
AS 42.05.753 Transferability of on-bill financing balances to subsequent owners.
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A utility that enters into an on-bill financing agreement may recover the balance of the costs allowed under the agreement from a subsequent owner of the residence or building in which the renewable energy system, energy efficiency device, energy storage device, or energy conserv…
AS 42.05.754 Rental property.
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A utility may recover the costs under an on-bill financing agreement for a rental property by assessing a meter conservation charge on a utility bill only if the landlord is responsible for the entire utility bill, including the meter conservation charge.
AS 42.05.755 Third parties; contracting and liability.
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(a) A utility may contract with a third party to perform functions permitted under AS 42.05.750 — 42.05.754, including financing the purchase and installation costs for a renewable energy system, energy efficiency device, energy storage device, or energy conservation system. The …
AS 42.05.756 Definitions.
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Article 11. Electric Reliability Organizations, Plans, and Standards. In AS 42.05.750 — 42.05.756, (1) “energy conservation system” includes a fuel-switching system; in this paragraph, “fuel-switching” means the replacement of existing fuel-consuming equipment using a particular …
AS 42.05.760 Electric reliability organizations.
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(a) An electric utility must participate in an electric reliability organization if the utility operates in an interconnected electric energy transmission network served by an electric reliability organization certificated by the commission. The commission may not require an elec…
AS 42.05.762 Duties of an electric reliability organization.
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An electric reliability organization shall (1) develop reliability standards that provide for an adequate level of reliability of an interconnected electric energy transmission network; (2) develop integrated resource plans under AS 42.05.780(a); (3) establish rules to (A) ensure…
AS 42.05.765 Reliability standards.
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(a) An electric reliability organization shall file each reliability standard or modification to a reliability standard with the commission as a new or revised tariff provision. All users, owners, and operators of an interconnected electric energy transmission network served by a…