Title 42, Public Utilities and Carriers and Energy Programs
13 chapters · 434 sections in this title.
AS 42.04.010 Regulatory Commission of Alaska created.
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(a) There is created within the Department of Commerce, Community, and Economic Development as an independent agency of the state the Regulatory Commission of Alaska. (b) The commission shall annually elect one of its members to serve as chair for the following fiscal year. When …
AS 42.04.020 Commissioners.
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(a) The commission consists of five commissioners appointed by the governor and confirmed by the legislature in joint session. To qualify for appointment as a commissioner, a person must (1) be a member in good standing of the Alaska Bar Association with at least five years of ac…
AS 42.04.030 Principal office; seal.
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(a) The commission shall establish a principal office and branch offices necessary to discharge its business efficiently. For the convenience of the public or of parties to a proceeding, the commission may hold meetings, hearings, or other proceedings at other locations. (b) The …
AS 42.04.040 Legal counsel.
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(a) The Department of Law shall provide full-time legal counsel to the commission. (b) The commission may, subject to the approval of the attorney general, contract for the services of specialized legal counsel or legal consultants.
AS 42.04.050 Employment of commission personnel.
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(a) The chair of the commission is responsible for directing the administrative functions of the commission and carrying out the policies as set by the commission. The commission chair may employ engineers, hearing examiners, administrative law judges, arbitrators, mediators, exp…
AS 42.04.060 Restrictions on members and employees.
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(a) A member of the commission or an employee of the commission may not have an official connection with, hold stock or securities in, or have a pecuniary interest in a public utility or pipeline carrier within the state. Membership in a cooperative association is not a pecuniar…
AS 42.04.070 Powers and duties of commission chair.
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(a) The chair of the commission shall (1) employ the commission staff; (2) establish and implement a time management system for the commission; (3) assign the work of the commission to members and staff of the commission so that matters before the commission are resolved as exped…
AS 42.04.080 Decision-making procedures.
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(a) Except as provided in AS 42.05.171 or AS 42.06.140, when a matter comes for decision before the commission under AS 42.05, AS 42.06, or AS 42.08, the chair shall appoint a hearing panel composed of three or more members to hear, or if a hearing is not required, to otherwise c…
AS 42.04.090 Impartial decision-making. [Repealed, § 6 ch 2 TSSLA 2002.]
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Article 2. Communications Carriers Section.
AS 42.04.100 Communications carriers section.
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There is established within the commission a communications carriers section that shall develop, recommend, and administer policies and programs with respect to the regulation of rates, services, accounting, and facilities of communications common carriers within the state involv…
AS 42.04.150 Public advocacy section. [Repealed, E.O. No. 111, § 4 (2003). For current law, see AS 44.23.020(e).]
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[Repealed or reserved.]
AS 42.05.010 Secs. 42.05.010 — 42.05.131. Establishment of Public Utilities Commission. [Repealed, § 5 ch 113 SLA 1970; § 24 ch 25 SLA 1999.]
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[Repealed or reserved.]
AS 42.05.141 General powers and duties of the commission.
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(a) The Regulatory Commission of Alaska may do all things necessary or proper to carry out the purposes and exercise the powers expressly granted or reasonably implied in this chapter, including (1) regulate every public utility engaged or proposing to engage in a utility busines…
AS 42.05.145 Telecommunications regulation policy; restriction on regulation of telephone directories.
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(a) A utility that provides local exchange or interexchange telecommunications service in the state affects the public interest. Regulation of these utilities shall, consistent with this chapter, seek to maintain and further the efficiency, availability, and affordability of univ…
AS 42.05.150 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.151 Regulations and hearing procedures.
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(a) The commission may adopt regulations, not inconsistent with the law, necessary or proper to exercise its powers and to perform its duties under this chapter. (b) The commission shall adopt regulations governing practice and procedure, consistent with due process of law, inclu…
AS 42.05.160 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.161 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 except that final administrative determinations by the commission are subject to judicial review under that Act as provided in AS 4…
AS 42.05.170 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.171 Formal hearings.
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A formal hearing that the commission has power to hold may be held by or before a hearing panel appointed under AS 42.04.080, a hearing examiner, or an administrative law judge designated for the purpose by the chair of the commission. In appropriate cases, a formal hearing may b…
AS 42.05.175 Timelines for issuance of final orders.
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(a) The commission shall issue a final order not later than 180 days after a complete application is filed for an application (1) for a certificate of public convenience and necessity; (2) to amend a certificate of public convenience and necessity; (3) to transfer a certificate o…
AS 42.05.180 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.181 Notice and hearing before final orders.
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A final order of the commission compelling affirmative action, denying a right or privilege, or granting a right or privilege over protest of the public utility or any party of record may not be entered without giving the interested party reasonable notice and an opportunity to b…
AS 42.05.190 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.191 Contents and service of orders.
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Every formal order of the commission shall be based upon the facts of record. However, the commission may, without a hearing, issue an order approving any settlement supported by all the parties of record in a proceeding, including a compromise settlement. Every order entered pur…
AS 42.05.193 Secs. 42.05.193 — 42.05.196. [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.200 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.201 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 utilities and interested parties of these reports, orders, decisions, and regulations as they are issued and adopted, and, when appropriate to do so, s…
AS 42.05.210 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.211 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 public utility service in the state as of June 3…
AS 42.05.220 [Repealed, § 5 ch 113 SLA 1970.]
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Article 2. Certificate of Public Convenience and Necessity.
AS 42.05.221 Certificates required.
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(a) A public utility may not operate and receive compensation for providing a commodity or service without first having obtained from the commission under this chapter a certificate declaring that public convenience and necessity require or will require the service. Where a publi…
AS 42.05.230 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.231 Application.
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Application for a certificate shall be in writing and shall be in the form and contain the information required by the commission by regulation.
AS 42.05.240 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.241 Conditions of issuance.
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A certificate may not be issued unless the commission finds that the applicant is fit, willing, and able to provide the utility services applied for and that the services are required for the convenience and necessity of the public. The commission may issue a certificate granting…
AS 42.05.250 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.251 Use of municipal public ways.
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Public utilities have the right to a permit to use public streets, alleys, and other public ways of a municipality upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions the municipality requires. The fee may not exceed the a…
AS 42.05.253 Public utility regulatory cost charge. [Repealed, § 36 ch 2 FSSLA 1992.]
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[Repealed or reserved.]
AS 42.05.254 Public utility regulatory cost charge.
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(a) A regulated public utility or a certificated utility that provides telecommunications services operating in the state shall pay to the commission an annual regulatory cost charge in an amount not to exceed the maximum percentage of adjusted gross revenue that applies to the u…
AS 42.05.260 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.261 Discontinuance, suspension, or abandonment of certificated service.
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(a) Except as otherwise provided in this section, a public utility may not discontinue or abandon a service for which a certificate has been issued by the commission unless upon the application of the public utility and if, after notice and opportunity for hearing, the commission…
AS 42.05.270 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.271 Modification, suspension, or revocation of certificates.
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Upon complaint or upon its own motion the commission, after notice and opportunity for 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 in…
AS 42.05.280 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]
AS 42.05.281 Transfer of certificate.
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A certificate may not be sold or leased, rented, transferred or inherited without the prior approval of the commission.
AS 42.05.290 [Repealed, 5 ch 113 SLA 1970.]
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Article 3. Services and Facilities.
AS 42.05.291 Standards of service and facilities.
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(a) Each public utility shall furnish and maintain adequate, efficient, and safe service and facilities. This service shall be reasonably continuous and without unreasonable interruption or delay. (b) Subject to the provisions of this chapter and the regulations or orders of the …
AS 42.05.296 Telecommunications services for certain disabled subscribers.
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(a) The commission shall adopt regulations to require telecommunications utilities to provide service to subscribers who are deaf, hard of hearing, and speech disabled that permits the subscriber to communicate by one or more telecommunications devices with persons of normal hear…
AS 42.05.300 [Repealed, § 5 ch 113 SLA 1970.]
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[Repealed or reserved.]