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Alaska Statutes (Last Updated: January 11, 2017) |
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Title 42. PUBLIC UTILITIES AND CARRIERS AND ENERGY PROGRAMS. |
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Chapter 42.08. IN-STATE PIPELINE CONTRACT CARRIER. |
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Article 42.08.02. POWERS AND DUTIES OF REGULATORY COMMISSION OF ALASKA. |
Section 42.08.220. General powers and duties.
Latest version.
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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 interconnection, operation, or abandonment of an in-state natural gas pipeline facility under the provisions of this chapter and subject to the same standards as certification in AS 42.08.330;
(3) to the extent necessary to perform the duties of the commission under this chapter, have access to, and may designate its employees, agents, or consultants to inspect and examine, the accounts, financial and property records, books, maps, inventories, appraisals, valuations, and related reports kept by an in-state natural gas pipeline carrier, or kept for an in-state natural gas pipeline carrier by others, that directly affect the interests of the state and directly relate to in-state natural gas pipelines located in the state during normal business hours;
(4) provide all reasonable assistance to the Department of Law in intervening in, offering evidence in, and participating in proceedings before an officer, department, board, commission, or court of another state or the United States involving an in-state natural gas pipeline carrier or an affiliated interest and affecting the interests of the state.
(b) The commission may
(1) review and approve recourse tariffs filed by an in-state natural gas pipeline carrier under this chapter;
(2) review and approve contracts;
(3) investigate, on its own motion or after receiving a formal complaint, a dispute
(A) related to rules, regulations, services, practices, and facilities that are not subject to the dispute resolution provisions in an in-state natural gas pipeline carrier's contracts or recourse tariff;
(B) presented by a complainant that does not have a contract with the in-state natural gas pipeline carrier;
(C) related to the conduct of an in-state natural gas pipeline carrier's open season under AS 42.08.300; to resolve the dispute, the commission may order an expansion of an in-state natural gas pipeline or order an open season under the terms provided for an expansion or open season in this chapter or AS 38.35.121(a)(4) and (c); or
(D) related to an unreasonable diminution in quantity or quality in the provision of service to a public utility that
(i) is a violation of the in-state natural gas pipeline carrier's tariff or contract with the public utility;
(ii) has not been resolved by the in-state natural gas pipeline carrier; and
(iii) will result in immediate injury, loss, or damage to the peace, health, safety, or general welfare of the public as clearly demonstrated by specific facts shown by affidavit or verified complaint;
(4) adopt regulations that are necessary and proper to the performance of the duties of the commission under this chapter, including regulations governing practices and procedures of the commission; regulations adopted by the commission may not be inconsistent with state law;
(5) initiate, intervene in, and appear personally or by counsel and offer evidence in and participate in, proceedings before an officer, department, board, commission, or court of this state involving an in-state natural gas pipeline carrier and affecting the interests of the state; and
(6) appoint a qualified, unbiased, and impartial administrative law judge with experience in the general practice of law to conduct hearings under this chapter; the administrative law judge may perform other duties in connection with the administration of this chapter and other laws; an administrative law judge hired to conduct hearings under this chapter shall have been admitted to practice law for at least five years immediately before appointment under this paragraph.
(c) Except with regard to a precedent agreement under AS 42.08.320(a) that is filed before the issuance of a certificate, consideration of an application for a contract carriage certificate under AS 42.08.330, and an initial recourse tariff under AS 42.08.350(a), the commission may extend a timeline required under this chapter if all parties of record consent to the extension or if, for one time only, before the timeline expires, the
(1) commission reasonably finds that good cause exists to extend the timeline;
(2) commission issues a written order extending the timeline and setting out its findings regarding good cause; and
(3) extension of time is 30 days or less.
(d) Except as provided in this chapter, the commission may not
(1) require rates, rate design, or tariff rates or regulations;
(2) require an in-state natural gas pipeline carrier to make a recourse tariff filing;
(3) order a modification of a contract that is approved, considered approved, or filed under this chapter;
(4) conduct further review or investigation of a contract that is approved, considered approved, or filed under this chapter; or
(5) investigate a dispute under (b)(3) of this section if a complete formal complaint has not been filed with the commission within 60 days after the event giving rise to the complaint.
Authorities
42.08.530