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 46.090 - Application requirements
Universal Citation: 3 AK Admin Code 46.090
Current through February 27, 2024
(a) An application for certification as an electric reliability organization must include
(1) the applicant's mailing address, business
telephone number, electronic mail address, legal name and name under which it
proposes to do business, and if applicable, business address and facsimile
number;
(2) the applicant's type of
business structure, including
(A) proof of
incorporation, registration, or certification, if applicable;
(B) the name, mailing address, telephone
number, and electronic mail address of the applicant's registered agent, if
applicable;
(C) an organization
chart detailing the applicant's organizational structure; and
(D) a description of the applicant's expected
personnel positions, including key management, financial, and technical
positions;
(3) the name,
title, telephone number, mailing address, and electronic mail address of the
individual who is available to provide the commission with information about
the application;
(4) a verification
signed by a person authorized to sign on behalf of the applicant that
information provided in the application is true, accurate, and
complete;
(5) a list of
qualifications of directors, and of employees or committee members, if
available, who satisfy the requirements of 3 AAC 46.460(a)(1);
(6) a proposed tariff that includes at a
minimum the provisions of 3 AAC 46.360(a)(1) - (3), (5), and (6) and a plan for
completing the proposed tariff; a plan filed for completing a proposed tariff
must include
(A) a list of anticipated tariff
provisions, including provisions that are in addition to those required by 3
AAC 46.360(a), if applicable;
(B) a
work plan and budget for developing the items in (A) of this paragraph,
including proposed dates of filing; and
(C) the applicant's process, consistent with
AS 42.05.762(3)(D), for developing reliability standards, including a
description of how the applicant will identify and directly notify potentially
affected parties so that they can participate in the organization's reliability
standards development process;
(7) the location in this state where the
applicant's books, accounts, papers, and records will be held;
(8) a code of conduct or other document
establishing expectations for ethical conduct that satisfies the requirements
of 3 AAC 46.110;
(9) the
applicant's rules that comply with the requirements of AS 42.05.762(3)(C);
(10) if different from the
requirements of 3 AAC 46.160(c), a proposed method of allocating administrative
costs to load-serving entities served by the electric reliability
organization;
(11) proposed rules
that ensure that the electric reliability organization is able to comply with
the requirements of AS 42.05.762 and the commission's exercise of its authority
under AS 42.05.767; the proposed rules must include
(A) processes for amending the rules that
implement AS 42.05.762(3);
(B)
board and each committee's voting procedures;
(C) rules governing the scheduling, noticing,
and conduct of public meetings and executive sessions, and that satisfy the
requirements of 3 AAC 46.460(a)(4)(K) and (L) and (5); and
(D) rules required by 3 AAC
46.460(a);
(12) a
narrative explaining the applicant's proposed rules that, separately and in
totality, ensure compliance with the requirements of AS 42.05.762(3);
(13) the applicant's proposed
(A) board member required qualifications;
and
(B) criteria for determining a
board or committee member's ability to contribute to the technical support
required under 3 AAC 46.460(a)(1);
(14) a narrative explaining the applicant's
technical ability to satisfy the requirements of AS 42.05.762(1) and
(2);
(15) a description of
committees and their responsibilities;
(16) a board and executive compensation plan,
if applicable; and
(17) a proposed
plan for developing and filing the electric reliability organization's initial
integrated resource plan; the proposed plan must contain
(A) a work plan and budget for satisfying the
requirements of the integrated resource plan, including a proposed date of
filing; and
(B) the applicant's
process, consistent with AS 42.05.762(3)(D), for developing the integrated
resource plan, including a description of how the applicant will identify and
directly notify potentially affected parties so that they can
participate.
(b) In addition to the application information required under this section, the commission may require that the applicant provide supplemental or clarifying information that the commission determines is necessary.
(c) In its order approving the application, the commission will require an electric reliability organization to file an initial tariff as a new tariff filing.
(d) An applicant that seeks certification with an independent board under AS 42.05.762(4)(B)(i) or combination independent and balanced stakeholder board under AS 42.05.762(4)(B)(iii) must describe its processes to remove and replace a director that fails to meet the requirements of 3 AAC 46.070(a).
(e) Except as provided in (f) of this section, an applicant that seeks certification with a balanced stakeholder board under AS 42.05.762(4)(B)(ii) or combination independent and balanced stakeholder board under AS 42.05.762(4)(B)(iii) must provide the following:
(1) a table listing each director's
designated stakeholder class;
(2)
an explanation why each director listed in (1) of this subsection has
sufficient association with, is drawn from, and understands and can articulate
the interests of its designated stakeholder class;
(3) an explanation of the process by which
each director designated to a stakeholder class was selected;
(4) an explanation of how the applicant's
stakeholders are classified;
(5) a
description of additional factors identified under 3 AAC 46.060(d)(l)(C)(iv)
that the applicant believes importantly and differentially affect stakeholder
interests;
(6) a description of
whether and, if so, how each factor in 3 AAC 46.060(d)(1) differentially
affects stakeholder interests in reliability standards, standards set out in AS
42.05.770(1), or integrated resource plans, and the resultant stakeholder
classification described in (4) of this subsection;
(7) an explanation, that considers the
distinguishing consequences that the applicant describes in (6) of this
subsection, of which stakeholder classes were determined to require designated
board members;
(8) an explanation
of why some stakeholder classes lack designated directors that satisfy the
criteria in 3 AAC 46.060(b)(3), if applicable;
(9) an explanation of mechanisms to ensure
that the relevant interests of stakeholder classes without designated directors
that satisfy the criteria in 3 AAC 46.060(b)(3) will be adequately considered;
these mechanisms may include composition or independence of technical advisory
committees, electric reliability organization staffing, programs to recruit
qualified directors for future board membership, or other means;
(10) an explanation of how voting procedures
for the board and its committees help to avoid undue amplification or
attenuation of stakeholder class interests;
(11) an explanation of how the applicant
satisfies the requirements of 3 AAC 46.060(b)(4)(B), through committee
composition and procedures, levels of director compensation, levels of electric
reliability organization staffing, or other electric reliability organization
mechanisms and structures;
(12) a
description of the electric reliability organization's procedures to meet the
requirements of 3 AAC 46.060(b)(5);
(13) if the application is for a combination
independent and balanced stakeholder board formed under AS
42.05.762(4)(B)(iii), a description of processes to remove and replace a
director that fails to meet the requirements of 3 AAC 46.070(a); and
(14) additional information that makes
specific reference to the factors set out in 3 AAC 46.060(d).
(f) If the applicant files its application under 3 AAC 46.080(a),
(1) the
commission will waive the filing requirements of (e)(4) - (10) of this section;
and
(2) the applicant must submit
(A) an explanation of how its classification
of its stakeholders is consistent with 3 AAC 46.080(a)(1); and
(B) a declaration of the numerical value, as
calculated under 3 AAC 46.080(a)(2)(D), of each director's provider interest
and consumer interest.
(g) If an applicant proposes a classification that includes a hybrid stakeholder class, the applicant must provide an explanation of why the relevant hybrid stakeholder interests cannot be adequately presented or considered if the hybrid stakeholders are exclusively classified as a provider stakeholder or consumer stakeholder.
(h) The commission will consider an application in a docket of investigation under the procedures set out in 3 AAC 48.645
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.760
AS 42.05.762
AS 42.05.770
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