Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 7 - Regulatory Commission of Alaska
Chapter 46 - Electric Reliability Organizations and Integrated Resource Planning
Article 1 - Certification and Practice of Electric Reliability Organizations
3 AAC 46.030 - Petition for exemption from the requirement to form an electric reliability organization

Universal Citation: 3 AK Admin Code 46.030

Current through February 27, 2024

(a) A petition for exemption filed under AS 42.05.760(d) by all load-serving entities within an interconnected bulk-electric system must be filed not later than 90 days after the commission provides notice under AS 42.05.760(c) to the load-serving entities.

(b) If a petition for exemption from the requirement to form an electric reliability organization is filed under AS 42.05.760(d), the requirement in AS 42.05.760(e)(1) that the commission form and certificate an electric reliability organization is stayed pending the commission's decision on the petition for exemption.

(c) An application for certification as an electric reliability organization filed not later than 90 days after the commission provides notice to the load-serving entities under AS 42.05.760(c) will be processed even if the load-serving entities file a petition for exemption under AS 42.05.760(d). However, if the commission grants the petition for exemption, the application will be denied.

(d) If the commission denies a petition for exemption filed under AS 42.05.760(d), the commission will continue to process a filed application for certification as an electric reliability organization or, if no application has been filed, the commission will proceed to form and certificate an electric reliability organization.

(e) Not later than 15 business days after a petition for exemption under AS 42.05.760(d) is filed, a person

(1) may file comments in support of or in opposition to the petition; or

(2) may file a protest setting out the legal and policy reasons why the petition must be denied; a petition for intervention must accompany the protest.

(f) The load-serving entities may respond to a comment, protest, or petition to intervene not later than 10 business days after the comment period ends. If the commission finds good cause to investigate a protest, the commission will rule on petitions to intervene, establish a procedural schedule, and set a hearing date by order.

(g) Issues for hearing include

(1) whether, as to the interconnected bulk-electric system considered as a whole, the petitioning load-serving entities provide adequate, efficient, and safe service and facilities that are reasonably continuous and without unreasonable interruption or delay;

(2) whether, as to the interconnected bulk-electric system considered as a whole, the petitioning load-serving entities are likely to provide adequate, efficient, and safe service and facilities that are reasonably continuous and without unreasonable interruption or delay without forming an electric reliability organization; and

(3) whether a protester has demonstrated legal or policy reasons why a petition for exemption must be denied.

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.760

AS 42.05.770

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