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 2 - Integrated Resource Plans and Large Project Preapproval
3 AAC 46.270 - Large project preapproval

Universal Citation: 3 AK Admin Code 46.270

Current through February 27, 2024

(a) Upon certification of an electric reliability organization, any large energy facility that has not yet completed construction is subject to the requirements of AS 42.05.785.

(b) A utility that has undertaken but not completed a large energy facility before commission approval of the first integrated resource plan satisfies the requirements of AS 42.05.785(a) if the utility undertaking the large energy facility attests that it undertook its project before

(1) commission approval of an electric reliability organization's first filed reliability standards, other than reliability standards that the commission previously adopted; and

(2) certification of an electric reliability organization.

(c) If a large energy facility, undertaken but not completed before commission approval of the first integrated resource plan, is not operationally integrated into the interconnected bulkelectric system, the utility must provide evidence and make an affirmative showing that the large energy facility satisfies the requirements of AS 42.05.785(a) not later than 24 months after the date that a certificate is issued to the electric reliability organization.

(d) A utility making an attestation under (b) of this section must do so not later than 30 days after an electric reliability organization's first filed reliability standards or the certification of an electric reliability organization.

(e) For purposes of AS 42.05.785(b), a large energy facility is included in an integrated resource plan's preferred resource portfolio if the portfolio specifically delineates the large energy facility, or if the large energy facility has been selected under the processes described in the commission-approved action plan.

(f) For a large energy facility that is not subject to (b) of this section and is not included in an integrated resource plan's preferred resource portfolio, the commission will find that the facility satisfies the requirements of AS 42.05.785(a)(3) only if it determines that

(1) the utility's failure to acquire the facility could result in degradation to utility customer service or reliability requirements, is necessary to remedy a critical known deficiency, or would provide energy service at less than current marginal costs; and

(2) the degradation will occur, the critical known deficiency will persist, or energy service total costs will not be reduced if the large energy facility is not undertaken before the next integrated resource plan has been completed.

(g) A load-serving entity seeking approval for a large energy facility under AS 42.05.785(a) shall provide the commission with sufficient evidence to enable the commission to reasonably determine that construction of the proposed large energy facility will provide the greatest value at lowest reasonable cost, after taking into account a range of alternatives, including demand-side management and efficiency strategies, energy conservation, and refurbishment of existing plant.

(h) After commission approval of an integrated resource plan, a large energy facility included in that integrated resource plan's preferred resource portfolio as a defined facility, or a large energy facility selected under the process set out in the most current action plan, satisfies the requirements of AS 42.05.785(b).

(i) A public utility shall notify the commission of refurbishment or capitalized maintenance of a large energy facility. The commission may require the public utility to provide documentation to show previous operating condition before refurbishments.

(j) Nothing in this chapter

(1) applies to or overrides municipal jurisdiction over local planning; or

(2) prevents a party from seeking exemption from municipal planning decisions under AS 42.05.641.

(k) For purposes of this section, a large energy facility is undertaken upon the beginning of one or more of the following activities as part of a continuous on-site construction program:

(1) the placement, assembly, or installation of its facilities or equipment;

(2) significant site preparation work, including
(A) clearing;

(B) excavation; or

(C) the removal of existing buildings, structures, or facilities if their removal is necessary for the placement, assembly, or installation of new facilities or equipment; or

(3) the making of binding contractual obligations for the purchase of facilities or equipment that are intended to be used in the facility's operation; options to purchase, contracts that may be terminated without a substantial loss, and contracts for feasibility, engineering, or design studies do not constitute the undertaking of a large energy facility.

(l) The commission may waive or modify by order the requirements of this section, in whole or in part, upon application and a showing of good cause or on the commission's own motion, if the waiver does not also require a waiver of the requirements set out in AS 42.05.785.

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.641

AS 42.05.762

AS 42.05.770

AS 42.05.785

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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