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 46.110 - Independence of directors and electric reliability organization action
Universal Citation: 3 AK Admin Code 46.110
Current through February 27, 2024
(a) To ensure that the electric reliability organization and its directors act independently of the users, owners, and operators of the interconnected electric energy transmission network, directors, employees, and members of committees shall abide by rules that must, at a minimum, include
(1) explicit prohibitions of
(A) the use of electric reliability
organization equipment or tools for unauthorized projects or
activities;
(B) payment or
acceptance of bribes, kickbacks, or other improper payments while conducting
the business of the electric reliability organization; and
(C) the use of position, title, or employment
status at the electric reliability organization to exert inappropriate
influence for personal gain or benefit, or the gain or benefit of an
individual's employers;
(2) explicit requirements
(A) to faithfully pursue the interests of the
electric reliability organization; the requirements must include duties to
(i) provide impartial consideration of, and
due weight to, the interests of all stakeholder classes, regardless of whether
a given stakeholder class has a designated director on the board;
(ii) exercise first loyalty to the mission of
the electric reliability organization, rather than the interest of a particular
stakeholder class;
(iii) refrain
from promoting the director's own financial or other interests or the interests
of a particular person or organization; and
(iv) act in a manner consistent with the
electric reliability organization's bylaws, code of conduct, policies, and
procedures;
(B) for
recusal of a person from voting on an alleged violation of a reliability
standard by, or on an associated penalty on, the person's employer;
and
(C) to provide a public,
written explanation addressing how interests articulated in the development of
a rule, reliability standard, or integrated resource plan were considered and
balanced, and to which a director may append a dissent;
(3) procedures to ensure adherence to the
rules that implement the requirements of AS 42.05.762(3)(A); those procedures
must include
(A) a process by which an
interested person my initiate a complaint alleging a potential violation of
those rules; and
(B) processes for
implementing sanctions against violations of those rules;
(4) a requirement that an employee of the
electric reliability organization not be a voting member of an electric
reliability organization certificated under 3 AAC 46.070(a) or (b);
and
(5) if the electric reliability
organization is governed by a balanced stakeholder board or combination
independent and balanced stakeholder board, a requirement that the board may
approve a reliability standard, enforcement of a reliability standard, or an
integrated resource plan only if the proposed action receives an affirmative
vote from directors designated to at least three different stakeholder classes;
for purposes of this paragraph, an independent director is designated as a
stakeholder class.
(b) An electric reliability organization's rules may not preclude an interested member of the public from serving in a non-voting capacity on an advisory committee of the electric reliability organization, subject to reasonable qualification and confidentiality requirements.
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.175
AS 42.05.760
AS 42.05.762
AS 42.05.770
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