00 CS FOR HOUSE BILL NO. 209(L&C) 01 "An Act relating to the chair of the Regulatory Commission of Alaska; amending the 02 timeline requirements for a final order of the commission; and relating to rules of 03 evidence, discovery, and petitions to intervene in a proceeding of the commission." 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 [ONE YEAR. THE CHAIR MAY BE ELECTED TO NOT MORE 12 THAN THREE SUCCESSIVE TERMS AS CHAIR. AFTER A YEAR OF NOT 13 SERVING AS CHAIR, THE COMMISSIONER IS ELIGIBLE FOR ELECTION AS 14 CHAIR AGAIN]. 01  * Sec. 2. AS 42.05.151(b) is amended to read: 02 (b) The commission shall adopt regulations governing practice and procedure, 03 consistent with due process of law, including the conduct of formal and informal 04 investigations, pre-hearing conferences, hearings, and proceedings, and the handling 05 of procedural motions by a single commissioner. The regulations must provide for the 06 hearing or, when a hearing is not required, other consideration of a matter in 07 accordance with AS 42.04.080. Technical rules of evidence need not apply to 08 investigations or [,] pre-hearing conferences [, HEARINGS, AND PROCEEDINGS 09 BEFORE THE COMMISSION]. The commission shall provide for representation by 10 out-of-state attorneys substantially in accordance with Rule 81, Alaska Rules of Civil 11 Procedure. 12  * Sec. 3. AS 42.05.151 is amended by adding new subsections to read: 13 (d) In proceedings under this chapter and under AS 42.06, and in addition to 14 current rules and commission practices relating to this section, in ruling on requests 15 for discovery, the commission or the presiding officer shall be bound by Rule 26(b)(1) 16 and (b)(2), Alaska Rules of Civil Procedure, regarding the ability of the parties to a 17 pending proceeding to discover nonprivileged and relevant material. In ruling on 18 requests for material claimed to be confidential, the commission or the presiding 19 officer shall use a balancing approach and may not permit discovery if the probative 20 value of the matter sought to be discovered is outweighed by the danger of harm or 21 unfair prejudice to any party in the proceeding. In ruling on the admissibility of 22 evidence, the presiding officer shall consider and be bound to follow Rules 401, 402, 23 and 403, Alaska Rules of Evidence, regarding the admissibility of relevant evidence 24 governing civil proceedings in the courts of the State of Alaska. 25 (e) In proceedings before the commission, petitions to intervene shall be 26 closely scrutinized and intervention controlled to 27 (1) ensure that a person seeking intervention has, and during the 28 proceeding will have, a current, nonspeculative property interest in the subject of the 29 proceeding; and 30 (2) limit intervention to persons whose participation will contribute 31 constructively to the development of a relevant and material administrative record. 01  * Sec. 4. AS 42.05.175(a) is amended to read: 02 (a) The commission shall issue a final order not later than 180 days [SIX 03 MONTHS] after a complete application is filed for an application 04 (1) for a certificate of public convenience and necessity; 05 (2) to amend a certificate of public convenience and necessity; 06 (3) to transfer a certificate of public convenience and necessity; and 07 (4) to acquire a controlling interest in a certificated public utility. 08  * Sec. 5. AS 42.05.175(b) is amended to read: 09 (b) Notwithstanding a suspension ordered under AS 42.05.421, the 10 commission shall issue a final order not later than 270 days [NINE MONTHS] after a 11 complete tariff filing is made for a tariff filing that does not change the utility's 12 revenue requirement or rate design. 13  * Sec. 6. AS 42.05.175(c) is amended to read: 14 (c) Notwithstanding a suspension ordered under AS 42.05.421, the 15 commission shall issue a final order not later than 450 days [15 MONTHS] after a 16 complete tariff filing is made for a tariff filing that changes the utility's revenue 17 requirement or rate design. 18  * Sec. 7. AS 42.05.175(d) is amended to read: 19 (d) The commission shall issue a final order not later than 365 days [12 20 MONTHS] after a complete formal complaint is filed against a utility or, when the 21 commission initiates a formal investigation of a utility without the filing of a complete 22 formal complaint, not later than 365 days [12 MONTHS] after the order initiating the 23 formal investigation is issued. 24  * Sec. 8. AS 42.05.175(e) is amended to read: 25 (e) The commission shall issue a final order in a rule-making proceeding not 26 later than 730 days [24 MONTHS] after a complete petition for adoption, amendment, 27 or repeal of a regulation under AS 44.62.180 - 44.62.290 is filed or, when the 28 commission initiates a rule-making docket, not later than 730 days [24 MONTHS] 29 after the order initiating the proceeding is issued. 30  * Sec. 9. AS 42.05.175(f) is amended to read: 31 (f) The commission may extend a timeline required under (a) - (e) of this 01 section if all parties of record consent to the extension or if, for one time only, before 02 the timeline expires, the 03 (1) commission reasonably finds that good cause exists to extend the 04 timeline, which can only occur when  05 (A) a proceeding involves unusually complex and novel  06 questions of law or public policy in comparison with other proceedings of  07 its type;  08 (B) a proceeding involves an unusually complex and large  09 factual record in comparison with other proceedings of its type; or  10 (C) the commission identifies another compelling public  11 policy reason for an extension that is entirely unrelated to the  12 commission's workload, scheduling, or administrative convenience; 13 (2) commission issues a written order extending the timeline and 14 setting out its findings regarding good cause; and 15 (3) extension of time is 90 days or less. 16  * Sec. 10. AS 42.05.175 is amended by adding new subsections to read: 17 (k) In adjudicated docket matters that come before the commission under 18 federal law or involve the review of private settlements and contracts and are not 19 subject to a timeline under federal law or AS 42.05.175(a) - (e), the commission shall 20 issue a final order not later than 180 days after the filing of an initiating petition. If the 21 matter is commenced on the commission's own motion, the commission shall issue a 22 final order not later than 365 days after the issuance of an order opening the docket. 23 This subsection does not apply to a complaint against a utility, a petition to revoke a 24 certificate of public convenience and necessity, or a functionally equivalent filing. 25 (l) If the commission does not issue and serve a final order governed by (k) of 26 this section within the applicable timeline specified, including any extension granted 27 by the commission in accordance with (f) of this section, the initiating petition shall be 28 considered approved and shall take effect immediately, or, if the matter was 29 commenced by the commission, the docket shall be closed with no action taken. 30 (m) If proceedings subject to different timelines under this section are 31 consolidated or if a single proceeding implicates more than one timeline, the latest 01 applicable deadline for the issuance of a final order shall apply. 02 (n) The commission may not evade the requirement of this section by 03 terminating a proceeding in a docket and opening a proceeding in another docket on 04 substantially the same matter.