Title 42, Public Utilities and Carriers and Energy Programs

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…

Regulations adopted by the commission under this chapter have the effect of law.

(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…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

(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…

(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…

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.

(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…

(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.

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.

(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 violation described in (a) of this sec…

[Repealed or reserved.]

An in-state natural gas pipeline subject to AS 42.08 and an in-state natural gas pipeline carrier subject to AS 42.08 are exempt from this chapter.

A member or employee of the commission may not have an official connection with, or hold stock or securities in, or have a pecuniary interest in, a corporation, company, or association engaged in the production or the transportation of oil or gas. A member or employee may not act…

The commission may establish reasonable fees to cover the costs of initial processing of applications for certificates or amendments to certificates.

(a) During a proceeding held under this chapter, the commission may allocate the cost of the proceeding among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory cost charge paid directly or …

The commission may by regulation provide for the classification of oil or gas pipeline facilities based upon differences in annual revenue, assets, nature of ownership, and other appropriate distinctions and as between these classifications, by regulation, provide for different r…

In this chapter, (1) “affiliated interest” means any person or other entity that (A) is controlled or owned, in whole or in part, by a pipeline carrier; (B) is controlled or owned, in whole or in part, by an entity which controls or owns, in whole or in part, a pipeline carrier; …

This chapter may be cited as the Pipeline Act.

(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.

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…

(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…

The commission shall comply with AS 42.04.080(a) and expeditiously adjudicate all matters that come before the commission.

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…

(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…

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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

(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…

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.

(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…

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…

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.

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…

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…

Regulations adopted by the commission under this chapter have the effect of law.

(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…

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.

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…