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 3 - Electric Reliability Organization Tariffs and Rules
3 AAC 46.320 - Tariff filing submission, calculation of regulatory notice period, and effective date

(a) Unless otherwise provided, the regulatory notice period for a tariff filing does not begin until the filing electric reliability organization has complied with this section. If an electric reliability organization submits a tariff filing that does not meet all of the notice and form and filing requirements provided under statute and 3 AAC 46.320 - 3 AAC 46.430, and the commission does not waive the requirements of 3 AAC 46.320 - 3 AAC 46.430 under (i) of this section, the commission may reject the filing. For a rejected tariff filing, the regulatory notice period under (c) of this section begins only after the electric reliability organization supplements the filing, within a period specified by the commission, to comply with all applicable requirements. If the electric reliability organization fails to supplement a rejected tariff filing in order to comply with all applicable requirements within the period specified by the commission. the commission will close the tariff filing and return it to the electric reliability organization. If a tariff filing is refiled by the electric reliability organization after the commission has rejected and returned the tariff filing as provided in this chapter, the commission will renumber the tariff filing with the next available tariff number and treat the filing as new.

(b) Unless otherwise specified by order or under another applicable provision of this chapter or 3 AAC 48, an electric reliability organization may submit a tariff filing electronically in accordance with 3 AAC 48.095. An electric reliability organization that files by paper shall submit an original and five copies of each tariff filing, unless otherwise specified by the commission.

(c) Each tariff filing submitted to the commission must be transmitted by means of a consecutively numbered tariff letter and must be designated as "TE[number]" followed by a hyphen and the number of the electric reliability organization's certificate. Each tariff letter must contain the applicable information set out in 3 AAC 46.330(a) and must be submitted to the commission not later than 45 days before the filing may take effect, unless the commission by order authorizes the filing to take effect in less than 45 days after the date of filing.

(d) Whether submitted on paper or electronically, a tariff filing made before 5:00 p.m. on a regular business day will be considered filed with the commission for the purpose of determining the regulatory notice period under (c) of this section. The day after the filing is submitted to the commission will be counted as the first day of the period of notice to the commission and public in accordance with AS 01.10.080. The regulatory notice period under (c) of this section will be determined in the same manner prescribed in 3 AAC 48.090. If a notice period ends on a Saturday, Sunday, or state legal holiday, the notice period will be extended to the end of the commission's next regular business day. In computing the regulatory notice period, consideration will not be given to notice by telephone, electronic mail, or facsimile transmission.

(e) Except as otherwise provided in this chapter, the commission may reject a tariff filing submitted to the commission with insufficient time to accommodate the regulatory notice period under (c) of this section before a proposed effective date.

(f) An electric reliability organization may request a tariff filing take effect, as set out in 3 AAC 46.330(a)(7), before the end of the regulatory notice period under (c) of this section for a tariff filing. If a proposed effective date is not included in a tariff letter, the commission will treat the last day of the regulatory notice period as the proposed effective date, unless the commission suspends the tariff filing in accordance with 3 AAC 46.390(d). The commission may reject a tariff filing if a proposed effective date is more than 90 days after the date the tariff filing is submitted to the commission, except as specifically authorized by the commission on request of the electric reliability organization.

(g) After approval, the commission will validate each effective tariff sheet, form, or other document required by commission order, by placing the commission's date-of-receipt stamp on the upper right comer of each tariff sheet, form, and other document and by entering the appropriate effective date on the bottom right comer of each tariff sheet, form, and other document. The commission will return a copy of each effective tariff sheet, form, and other document required by commission order to the electric reliability organization after the effective date of the filing.

(h) Each effective tariff on file with the commission is lawful until revised in accordance with the procedures established under law and 3 AAC 46.320 - 3 AAC 46.430.

(i) The commission may waive or modify by order the requirements of 3 AAC 46.320-3 AAC 46.430, 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.