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 46.140 - Appeal of penalties

(a) An entity subject to a penalty imposed by the electric reliability organization may appeal the penalty amount or imposition to the commission not later than 10 business days after receiving notice of the penalty.

(b) An appeal under this section is initiated by serving and filing a notice of appeal consistent with the requirements of 3 AAC 48.090. The notice of appeal must be served on the electric reliability organization and explain the basis for appealing the assessment or the amount of the penalty, and may be supplemented by the appellant, electric reliability organization, or commission with information excluded from the record of the proceedings submitted by the electric reliability organization.

(c) The scope of an appeal of a penalty is limited to review and consideration of the evidence and argument presented to determine whether a violation of a reliability standard occurred and, if so, whether the penalty imposed is appropriate.

(d) The commission may, after notice and an opportunity to be heard, stay a penalty.

(e) The commission will issue a remand of the penalty by written order informing the electric reliability organization of