CSHB 3001(FIN) am: "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, extending the commission's termination date to June 30, 2004, requiring the commission to hold monthly meetings to allow discussion of the commission's process and procedures; and directing the establishment of an advisory committee; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 3001(FIN) am 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, extending the commission's termination date to June 30, 2004, requiring the 04 commission to hold monthly meetings to allow discussion of the commission's process 05 and procedures; and directing the establishment of an advisory committee; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 42.05 is amended by adding a new section to read: 09 Sec. 42.05.175. Timelines for issuance of final orders. (a) The commission 10 shall issue a final order not later than six months after a complete application is filed 11 for an application 12 (1) for a certificate of public convenience and necessity; 13 (2) to amend a certificate of public convenience and necessity;
01 (3) to transfer a certificate of public convenience and necessity; and 02 (4) to acquire a controlling interest in a certificated public utility. 03 (b) Notwithstanding a suspension ordered under AS 42.05.421, the 04 commission shall issue a final order not later than nine months after a complete tariff 05 filing is made for a tariff filing that does not change the utility's revenue requirement 06 or rate design. 07 (c) Notwithstanding a suspension ordered under AS 42.05.421, the 08 commission shall issue a final order not later than 15 months after a complete tariff 09 filing is made for a tariff filing that changes the utility's revenue requirement or rate 10 design. 11 (d) The commission shall issue a final order not later than 12 months after a 12 complete formal complaint is filed against a utility or, when the commission initiates a 13 formal investigation of a utility without the filing of a complete formal complaint, not 14 later than 12 months after the order initiating the formal investigation is issued. 15 (e) The commission shall issue a final order in a rule making proceeding not 16 later than 24 months after a complete petition for adoption, amendment, or repeal of a 17 regulation under AS 44.62.180 - 44.62.290 is filed or, when the commission initiates a 18 rule making docket, not later than 24 months after the order initiating the proceeding is 19 issued. 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, before the timeline 22 expires, the commission 23 (1) reasonably finds that good cause exists to extend the timeline; and 24 (2) issues a written order extending the timeline and setting out its 25 findings regarding good cause. 26 (g) The commission shall file quarterly reports with the Legislative Budget 27 and Audit Committee identifying all extensions ordered under (f)(2) of this section 28 during the previous quarter, and including copies of the written orders issued under 29 (f)(2) of this section. 30 (h) If the commission does not issue and serve a final order regarding an 31 application or suspended tariff under section (a), (b), or (c) of this section within the
01 applicable timeline specified, and if the commission does not extend the timeline in 02 accordance with (f) of this section, the application or suspended tariff filing shall be 03 considered approved and shall go into effect immediately. 04 (i) 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 (j) For purposes of this section, "final order" means a dispositive 09 administrative order that resolves all matters at issue and that may be the basis for a 10 petition for reconsideration or request for judicial review. 11 * Sec. 2. AS 42.05.191 is amended to read: 12 Sec. 42.05.191. Contents and service of orders. Every formal order of the 13 commission shall be based upon the facts of record. However, the commission may 14 issue an order approving any settlement supported by all the parties of record in 15 a proceeding, including a compromise settlement, if the settlement is consistent 16 with this chapter and AS 42.06. Every order entered pursuant to a hearing must state 17 the commission's findings, the basis of its findings and conclusions, together with its 18 decision. These orders shall be entered of record, and a copy of them shall be served 19 on all parties of record in the proceeding. 20 * Sec. 3. AS 44.66.010(a)(4) is amended to read: 21 (4) Regulatory Commission of Alaska (AS 42.04.010) -- June 30, 2004 22 [2002]; 23 * Sec. 4. Section 6 of this Act is repealed June 30, 2004. 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICATION OF TIMELINES TO NEW AND EXISTING DOCKETS. The 27 timelines provided in AS 42.05.175, added by sec. 1 of this Act, apply to all new dockets of 28 the Regulatory Commission of Alaska filed on or after July 1, 2002. For dockets commenced 29 before July 1, 2002, the date of July 1, 2002, shall be used as the date of filing for the purpose 30 of applying the timelines in AS 42.05.175. 31 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 MONTHLY MEETINGS. The Regulatory Commission of Alaska shall, 03 approximately once a month, hold open meetings at which the public and representatives of 04 all regulated utilities may discuss issues involving the process and procedures of the 05 commission. The meetings shall be transcribed and shall be attended by at least one 06 commissioner. 07 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 ADVISORY COMMITTEE; REPORT. (a) Not later than October 31, 2002, the 10 president of the senate, the speaker of the house of representatives, and the governor shall 11 jointly appoint the members of a committee to investigate and propose reforms limited to the 12 commission's regulatory process. The committee must include one member to represent each 13 of the following: the commission; incumbent local exchange carriers; competitive local 14 exchange carriers; electric utilities; natural gas utilities; water or sewer utilities; and the public 15 advocacy section of the commission. Where possible, the persons jointly making the 16 appointments shall honor nominations from the represented group. The committee shall hold 17 open meetings and receive comment from the public and all regulated utilities. 18 (b) Not later than October 31, 2003, the committee shall prepare a written report to 19 the commission and the legislature addressing the following issues: how to reduce the 20 backlog of cases and other matters pending before the commission; how to revise the 21 processes of the commission to ensure that fewer issues must be tried in trial-like 22 proceedings; whether the deadlines established in AS 42.05.175, added by sec. 1 of this Act, 23 require further amendment; the areas for which the commission is currently responsible for 24 providing the highest public benefit and the areas producing lower public benefit; and 25 identification of areas of regulatory oversight that may be eliminated. 26 (c) The committee shall present the written report required by (b) of this section to the 27 Second Regular Session of the Twenty-Third Alaska State Legislature within the first two 28 weeks of that session. The committee terminates on January 31, 2004. 29 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).