CSHB 209(JUD): "An Act relating to the chair of the Regulatory Commission of Alaska and amending the timeline requirements for a final order of the commission; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 209(JUD) 01 "An Act relating to the chair of the Regulatory Commission of Alaska and amending the 02 timeline requirements for a final order of the commission; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 42.04.010(b) is amended to read: 06 (b) The governor shall designate one member of the commission [SHALL 07 ANNUALLY ELECT ONE OF ITS MEMBERS] to serve as chair [FOR THE 08 FOLLOWING FISCAL YEAR]. When a vacancy occurs in the office of chair, the 09 governor shall designate one of the members of the commission [SHALL ELECT 10 ONE OF ITS MEMBERS] to serve the remaining term as chair. The term as chair is 11 three years, and a member may only serve one term as chair. However, if a 12 person fills a vacancy of a term as chair, the person may be appointed to a 13 subsequent full term [ONE YEAR. THE CHAIR MAY BE ELECTED TO NOT 14 MORE THAN THREE SUCCESSIVE TERMS AS CHAIR. AFTER A YEAR OF
01 NOT SERVING AS CHAIR, THE COMMISSIONER IS ELIGIBLE FOR 02 ELECTION AS CHAIR AGAIN]. 03 * Sec. 2. AS 42.05.175(a) is amended to read: 04 (a) The commission shall issue a final order not later than 180 days [SIX 05 MONTHS] after a complete application is filed for an application 06 (1) for a certificate of public convenience and necessity; 07 (2) to amend a certificate of public convenience and necessity; 08 (3) to transfer a certificate of public convenience and necessity; and 09 (4) to acquire a controlling interest in a certificated public utility. 10 * Sec. 3. AS 42.05.175(b) is amended to read: 11 (b) Notwithstanding a suspension ordered under AS 42.05.421, the 12 commission shall issue a final order not later than 270 days [NINE MONTHS] after a 13 complete tariff filing is made for a tariff filing that does not change the utility's 14 revenue requirement or rate design. 15 * Sec. 4. AS 42.05.175(c) is amended to read: 16 (c) Notwithstanding a suspension ordered under AS 42.05.421, the 17 commission shall issue a final order not later than 270 days [15 MONTHS] after a 18 complete tariff filing is made for a tariff filing that changes the utility's revenue 19 requirement or rate design. 20 * Sec. 5. AS 42.05.175(d) is amended to read: 21 (d) The commission shall issue a final order not later than 365 days [12 22 MONTHS] after a complete formal complaint is filed against a utility or, when the 23 commission initiates a formal investigation of a utility without the filing of a complete 24 formal complaint, not later than 365 days [12 MONTHS] after the order initiating the 25 formal investigation is issued. 26 * Sec. 6. AS 42.05.175(e) is amended to read: 27 (e) The commission shall issue a final order in a rule-making proceeding not 28 later than 730 days [24 MONTHS] after a complete petition for adoption, amendment, 29 or repeal of a regulation under AS 44.62.180 - 44.62.290 is filed or, when the 30 commission initiates a rule-making docket, not later than 730 days [24 MONTHS] 31 after the order initiating the proceeding is issued.
01 * Sec. 7. AS 42.05.175 is amended by adding new subsections to read: 02 (k) In adjudicated docket matters that come before the commission under state 03 law or federal law or involve the review of private settlements and contracts and are 04 not subject to a timeline under federal law or AS 42.05.175(a) - (e), the commission 05 shall issue a final order not later than 180 days after the filing of an initiating petition. 06 If the matter is commenced on the commission's own motion, the commission shall 07 issue a final order not later than 365 days after the issuance of an order opening the 08 docket. This subsection does not apply to a complaint against a utility, a petition to 09 revoke a certificate of public convenience and necessity, or a functionally equivalent 10 filing. 11 (l) If the commission does not issue and serve a final order governed by (k) of 12 this section within the applicable timeline specified, including any extension granted 13 by the commission in accordance with (f) of this section, the initiating petition shall be 14 considered approved and shall take effect immediately, or, if the matter was 15 commenced by the commission, the docket shall be closed with no action taken. 16 (m) If proceedings subject to different timelines under this section are 17 consolidated or if a single proceeding implicates more than one timeline, the latest 18 applicable deadline for the issuance of a final order shall apply. 19 (n) The commission may not evade the requirement of this section by 20 terminating a proceeding in a docket and opening a proceeding in another docket on 21 substantially the same matter. 22 * Sec. 8. Section 4 of this Act takes effect July 1, 2008.