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 46.460 - Electric reliability organization rule content
Universal Citation: 3 AK Admin Code 46.460
Current through February 27, 2024
(a) To ensure that an electric reliability organization meets the requirements of AS 42.05.762, the rules of the electric reliability organization must
(1) contain standards or procedures by which
a director, director's designee, or employee of the electric reliability
organization can be determined to possess the technical qualifications
sufficient to enable the electric reliability organization to meet the
requirements of AS 42.05.762(1) and (2);
(2) establish a procedure to ensure that the
standards, plans, and rules adopted by the electric reliability organization do
not grant any person an unreasonable preference or advantage or subject any
person to an unreasonable prejudice or disadvantage;
(3) establish a procedure to ensure that
enforcement investigations, including penalty recommendations, undertaken by
the electric reliability organization cannot be carried out by persons employed
by, either directly or by contractual arrangement, or affiliated with the
person under investigation;
(4)
provide for public access to the approved and proposed plans, standards,
tariff, and rules of the electric reliability organization; at a minimum, the
rules of the electric reliability organization must provide
(A) a website that posts all the approved and
proposed plans, standards, tariff, rules, and budgets of the electric
reliability organization, and all related comments received from the public
that do not include information classified as confidential under
3 AAC
48.040(b) or include language that
could subject the electric reliability organization to civil liability if
republished; the website must
(i) allow for
the posting of documents in a format that prevents unauthorized revision to the
documents, that is text-searchable, and that can be read by any person with
Internet access using publicly available free software;
(ii) provide the public with access to each
approved or proposed plan, standard, tariff, or rule, and any public document
related to development or interpretation of the approved or proposed plan,
standard, tariff, or rule, without special expertise or knowledge of the
posting protocols of the electric reliability organization; and
(iii) be capable of receiving comments from
the public related to a proposed plan, standard, tariff, or rule of the
electric reliability organization before filing with the commission for
approval;
(B) a
presumption that all documents received by the electric reliability
organization are public unless the document is classified in whole or in part
as confidential
(i) for good cause as defined
in
3 AAC
48.045(b) under rules established by
the electric reliability organization; or
(ii) under
3 AAC
48.040(b);
(C) a process under which the electric
reliability organization will make available to the public those portions of a
document that are not confidential if a portion of the document is classified
as confidential under (B) of this paragraph;
(D) a record retention schedule that
maintains
(i) paper copies of all current
governing documentation; and
(ii)
for at least 15 years, electronic records of meetings and agency documents
other than governing documentation;
(E) a process under which any interested
person may petition the electric reliability organization to participate in
development of a proposed plan, standard, tariff, or rule of the electric
reliability organization; the process may require consideration of the
following factors:
(i) the interest of the
petitioner;
(ii) the effect on the
petitioner's interest in the matter to be developed;
(iii) the availability of other means by
which the petitioner's interest may be protected;
(iv) the extent to which the petitioner's
interest will be represented by other participating persons;
(v) the extent to which the petitioner's
participation may reasonably be expected to assist in the development of a
sound record; and
(vi) the extent
to which the petitioner's participation will broaden or delay the matter to be
developed;
(F) a process
by which a successful petitioner may gain access to relevant confidential
documents and information in possession of or shared with the electric
reliability organization; the electric reliability organization may develop
rules that define the level of participation in the development of the proposed
plan, standard, tariff, or rule that entitles a successful petitioner access to
confidential information;
(G) a
process under which all documentation regarding the organization's governance
and budget, network reliability statistics, and registered entity registration
are made publicly available;
(H) a
process under which notice of a proposed plan, standard, tariff, or rule of the
electric reliability organization is provided to the potentially affected
public, and comments on the proposed plan, standard, tariff, or rule of the
electric reliability organization will be accepted;
(I) a process for developing a report to be
filed with the commission as an attachment to any submittal requesting approval
of a proposed plan, standard, tariff, or rule of the electric reliability
organization; the report must include
(i) the
input of all persons participating in development of a proposed plan, standard,
tariff, or rule of the electric reliability organization;
(ii) all comments submitted in response to
public notice of a proposed plan, standard, tariff, or rule of the electric
reliability organization; and
(iii)
an explanation of how the interests represented by persons providing input or
comments have been given due consideration by the electric reliability
organization in developing the proposed plan, standard, tariff, or rule that is
submitted to the commission for approval;
(J) a process for providing public notice and
an opportunity for public comment on each proposed enforcement
action;
(K) a process to ensure
that meetings of the board of directors of an electric reliability organization
shall be open to the public, and held in person, telephonically, or by
utilizing an Internet-based virtual meeting platform; and
(L) a process to ensure that the board of
directors may only use nonpublic executive sessions for topics and discussions
that could cause harm to the electric reliability organization or a registered
entity if the information discussed were made publicly available;
(5) require that, except for an
emergency board of directors meeting, an electric reliability organization
publish, at least 14 calendar days before convening a meeting of the board of
directors, a public notice of the meeting on the electric reliability
organization's website and by any other means the board determines to be
appropriate; the public notice must
(A) state
the time and place for the meeting; and
(B) include an agenda listing items up for
discussion, and provide instructions for filing public comments with the
electric reliability organization; if the meeting is an emergency meeting, the
electric reliability organization shall issue a copy of the agenda as soon as
the agenda is available, and not later than one week after the scheduled date
of the emergency meeting; the electric reliability organization shall make
every effort to issue a copy of the agenda of an emergency meeting at least six
hours before the meeting being held; and
(7) require the electric reliability
organization to keep an original set of books, accounts, papers, and records
within this state; the electric reliability organization shall timely provide
the commission with a certified copy of any books, accounts, papers, or records
upon request of the commission; those records are public under
AS
42.05.671, unless exempted from public
disclosure under
AS
42.05.671; the electric reliability
organization shall allow the commission to inspect the electric reliability
organization's original books, accounts, papers, or records where they are kept
at any reasonable time chosen by the commission.
(b) The commission may waive or modify by order the requirements of (a) 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.
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.671
AS 42.05.760
AS 42.05.762
AS 42.05.767
AS 42.05.770
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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