Enrolled HB 209: Amending the timeline requirements for a final order of the Regulatory Commission of Alaska; and providing for an effective date.
00Enrolled HB 209 01 Amending the timeline requirements for a final order of the Regulatory Commission of 02 Alaska; and providing for an effective date. 03 _______________ 04 * Section 1. AS 42.05.175(a) is amended to read: 05 (a) The commission shall issue a final order not later than 180 days [SIX 06 MONTHS] after a complete application is filed for an application 07 (1) for a certificate of public convenience and necessity; 08 (2) to amend a certificate of public convenience and necessity; 09 (3) to transfer a certificate of public convenience and necessity; and 10 (4) to acquire a controlling interest in a certificated public utility. 11 * Sec. 2. AS 42.05.175(b) is amended to read: 12 (b) Notwithstanding a suspension ordered under AS 42.05.421, the 13 commission shall issue a final order not later than 270 days [NINE MONTHS] after a 14 complete tariff filing is made for a tariff filing that does not change the utility's
01 revenue requirement or rate design. 02 * Sec. 3. AS 42.05.175(c) is amended to read: 03 (c) Notwithstanding a suspension ordered under AS 42.05.421, the 04 commission shall issue a final order not later than 450 days [15 MONTHS] after a 05 complete tariff filing is made for a tariff filing that changes the utility's revenue 06 requirement or rate design. 07 * Sec. 4. AS 42.05.175(d) is amended to read: 08 (d) The commission shall issue a final order not later than 365 days [12 09 MONTHS] after a complete formal complaint is filed against a utility or, when the 10 commission initiates a formal investigation of a utility without the filing of a complete 11 formal complaint, not later than 365 days [12 MONTHS] after the order initiating the 12 formal investigation is issued. 13 * Sec. 5. AS 42.05.175(e) is amended to read: 14 (e) The commission shall issue a final order in a rule-making proceeding not 15 later than 730 days [24 MONTHS] after a complete petition for adoption, amendment, 16 or repeal of a regulation under AS 44.62.180 - 44.62.290 is filed or, when the 17 commission initiates a rule-making docket, not later than 730 days [24 MONTHS] 18 after the order initiating the proceeding is issued. 19 * Sec. 6. AS 42.05.175(f) is amended to read: 20 (f) The commission may extend a timeline required under [(a) - (e) OF] this 21 section if all parties of record consent to the extension or if, for one time only, before 22 the timeline expires, the 23 (1) commission reasonably finds that good cause exists to extend the 24 timeline; 25 (2) commission issues a written order extending the timeline and 26 setting out its findings regarding good cause; and 27 (3) extension of time is 90 days or less. 28 * Sec. 7. AS 42.05.175 is amended by adding new subsections to read: 29 (k) In adjudicated docket matters that come before the commission under state 30 law or federal law and are not subject to a timeline under federal law or 31 AS 42.05.175(a) - (e), the commission shall issue a final order not later than 180 days
01 after the filing of an initiating petition. If the matter is commenced on the 02 commission's own motion, the commission shall issue a final order not later than 365 03 days after the issuance of an order opening the docket. This subsection does not apply 04 to a complaint against a utility, a petition to revoke a certificate of public convenience 05 and necessity, or a functionally equivalent filing. 06 (l) If the commission does not issue and serve a final order governed by (k) of 07 this section within the applicable timeline specified, including any extension granted 08 by the commission in accordance with (f) of this section, the initiating petition shall be 09 considered approved and shall take effect immediately, or, if the matter was 10 commenced by the commission, the docket shall be closed with no action taken. 11 (m) If proceedings subject to different timelines under this section are 12 consolidated or if a single proceeding implicates more than one timeline, the latest 13 applicable deadline for the issuance of a final order shall apply. 14 (n) The commission may not evade the requirement of this section by 15 terminating a proceeding in a docket and opening a proceeding in another docket on 16 substantially the same matter. 17 * Sec. 8. Section 3 of this Act takes effect July 1, 2008.