(a) To qualify
under AS
43.90.300 for a tax exemption under
AS
43.90.320, a person must
(1) for firm transportation capacity on the
Alaska mainline,
(A) enter into a
pre-subscription agreement with the licensee before the commencement of the
first binding open season of the project;
(B) submit a bid before the close of the
first binding open season of the project; however, the person may submit a bid
tendered after the close of the first binding open season, but no later than
180 days after expiration of the first binding open season of the project, if
(i) the licensee accepts the bid under
18 C.F.R.
157.34(d)(2); and
(ii) the person makes, to the satisfaction of
the commissioners, a good-faith showing of the circumstances that prevented the
person from submitting a timely bid, and if the commissioners, on the basis of
that showing, approve the tender of the bid; or
(C) be the holder of an inducement voucher
issued to a person that qualifies under (A) or (B) of this paragraph;
(2) execute, no later than 180
days after the close of the first binding open season of the project, a
precedent agreement for firm transportation capacity on the Alaska mainline
arising out of an action taken to qualify under (1) of this subsection, or must
be the holder of an inducement voucher issued by the commissioners to a person
that executed a precedent agreement as required under this paragraph;
(3) obtain rights under a transportation
services agreement
(A) as a party that
executes, no later than five years after the close of the first binding open
season of the project or two years after the effective date of the certificate
of public convenience and necessity issued for the Alaska mainline, whichever
date is later, a transportation services agreement arising out of an action
taken to qualify under (1) and (2) of this subsection for firm transportation
capacity on the Alaska mainline; or
(B) as the holder of an inducement voucher
issued to a person qualified under (A) of this paragraph for a transportation
services agreement arising out of an action required to qualify under (1) and
(2) of this subsection;
(4) file with the commissioners or be the
holder of an inducement voucher obtained from a person that filed with the
commissioners a complete copy of each of the following no later than 30 days
after execution, or, under (E) of this paragraph, no later than 30 days after
receipt of a request:
(A) the bid, precedent
agreement, and transportation services agreement required to qualify under (1)
- (3) of this subsection;
(B) an
amendment to or termination of the bid, precedent agreement, or transportation
services agreement required to qualify under (1) - (3) of this
subsection;
(C) a bid, precedent
agreement, or transportation services agreement, if any, arising out of a first
binding open season for the Canada mainline;
(D) any amendment to or termination of the
bid, precedent agreement, or transportation services agreement filed under (C)
of this paragraph;
(E) other
documents and information requested by the commissioners to determine
qualification for resource inducements under AS 43.90 and this chapter;
and
(5) submit, on a
form provided by the commissioners, not later than 90 days after the issuance
of a certificate of public convenience and necessity for the Alaska mainline,
the agreement regarding rolling in expansion costs required by
AS
43.90.320(c) or
43.90.330(d), as
applicable.
(b) A person
eligible for an inducement voucher under
AS
43.90.330 must execute the agreement set out
in (a)(5) of this section no later than 90 days after issuance of a certificate
of public convenience and necessity for the Alaska mainline, unless the person
is eligible by reason of an agreement to transfer the inducement voucher, in
which case the person must execute the agreement set out in (a)(5) of this
section at the time of filing an application for transfer of the inducement
voucher.
(c) The commissioners may
extend the deadline set out in (a)(2) of this section if they determine that an
extension is in the best interest of the state. However, the commissioners will
not extend the deadline later than December 5, 2011.
(d) A person that has satisfied the
requirements of (a) of this section and that claims a resource inducement under
AS
43.90.320 and this chapter may file an
application with the commissioners for a determination that the requirements of
(a) of this section have been met. Upon receipt of the application, the
commissioners will make a joint determination whether the applicant meets the
requirements for qualification set out in (a) of this section. A person is not
qualified for a resource inducement before application to the commissioners and
approval by the commissioners under this section.
(e) In this section, "Canada mainline" has
the meaning given "Yukon - BC Section" in TransCanada Alaska Company LLC's
original, November 30, 2007 application for license under AS 43.90. The
definition of "Yukon - BC section" at page 12 of the glossary in that
application is adopted by reference.
