HB 2001: "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; and providing for an effective date."
00 HOUSE BILL NO. 2001 01 "An Act setting timelines for issuance of final orders by the Regulatory Commission of 02 Alaska, amending the authority of the commission to enter compromise settlement 03 orders, and extending the commission's termination date to June 30, 2006; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 42.05 is amended by adding a new section to read: 07 Sec. 42.05.175. Timelines for issuance of final orders. (a) The commission 08 shall issue a final order not later than six months after a complete application is filed 09 for an application 10 (1) for a certificate of public convenience and necessity; 11 (2) to amend a certificate of public convenience and necessity; 12 (3) to transfer a certificate of public convenience and necessity; and 13 (4) to acquire a controlling interest in a certificated public utility. 14 (b) Notwithstanding a suspension ordered under AS 42.05.421, the
01 commission shall issue a final order not later than nine months after a complete tariff 02 filing is made for a tariff filing that does not change the utility's revenue requirement 03 or rate design. 04 (c) Notwithstanding a suspension ordered under AS 42.05.421, the 05 commission shall issue a final order not later than 15 months after a complete tariff 06 filing is made for a tariff filing that changes the utility's revenue requirement or rate 07 design. 08 (d) The commission shall issue a final order not later than 12 months after a 09 complete formal complaint is filed against a utility or, when the commission initiates a 10 formal investigation of a utility without the filing of a complete formal complaint, not 11 later than 12 months after the order initiating the formal investigation is issued. 12 (e) The commission shall issue a final order in a rule making proceeding not 13 later than 24 months after a complete petition for adoption, amendment, or repeal of a 14 regulation under AS 44.62.180 - 44.62.290 is filed or, when the commission initiates a 15 rule making docket, not later than 24 months after the order initiating the proceeding is 16 issued. 17 (f) The commission may extend a timeline required under (a) - (e) of this 18 section if all parties of record consent to the extension or if, before the timeline 19 expires, the commission 20 (1) reasonably finds that good cause exists to extend the timeline; and 21 (2) issues a written order extending the timeline and setting out its 22 findings regarding good cause. 23 (g) The commission shall file quarterly reports with the Legislative Budget 24 and Audit Committee identifying all extensions ordered under (f)(2) of this section 25 during the previous quarter, and including copies of the written orders issued under 26 (f)(2) of this section. 27 (h) If the commission does not issue and serve a final order regarding an 28 application or suspended tariff under section (a), (b), or (c) of this section within the 29 applicable timeline specified, and if the commission does not extend the timeline in 30 accordance with (f) of this section, the application or suspended tariff filing shall be 31 considered approved and shall go into effect immediately.
01 (i) For purposes of this section, "final order" means a dispositive 02 administrative order that resolves all matters at issue and that may be the basis for a 03 petition for reconsideration or request for judicial review. 04 (j) For purposes of this section, an application, tariff filing, formal complaint, 05 or petition is complete if it complies with the filing, format, and content requirements 06 established by statute, regulation, and forms adopted by the commission under 07 regulation. 08 * Sec. 2. AS 42.05.191 is amended to read: 09 Sec. 42.05.191. Contents and service of orders. Every formal order of the 10 commission shall be based upon the facts of record. However, the commission may 11 issue an order approving any settlement supported by all the parties of record in 12 a proceeding, including a compromise settlement, if the settlement is consistent 13 with AS 42.05 and AS 42.06. Every order entered pursuant to a hearing must state 14 the commission's findings, the basis of its findings and conclusions, together with its 15 decision. These orders shall be entered of record and a copy of them shall be served 16 on all parties of record in the proceeding. 17 * Sec. 3. AS 44.66.010(a)(4) is amended to read: 18 (4) Regulatory Commission of Alaska (AS 42.04.010) -- June 30, 2006 19 [2002]; 20 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 PRIOR DOCKETS. The provisions of AS 42.05.175, added by sec. 1 of this Act do 23 not apply to dockets of the Regulatory Commission of Alaska that are initiated before July 1, 24 2002. 25 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).