Current through February 27, 2024
(a) A document is
considered filed with the commission on the date it is officially received by
the commission. If a party has the right, or is required, to perform some act
within a prescribed period after notice or a pleading is served on that party,
and the notice or pleading is served by United States mail or a similar
delivery service, by hand, or by electronic means, the prescribed period begins
the day after the date of certification of service. In computing any period of
time prescribed or allowed by rule, order, or statute, the day of the act,
event, or default after which the designated period of time begins to run is
not included, in accordance with
AS
01.10.080. If the last day of the period so
computed is a Saturday, Sunday, or state legal holiday, the period runs until
the end of the commission's next regular business day. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays, Sundays,
and state legal holidays are excluded in the computation. A filing, whether
filed on paper or electronically, that the commission receives on a Saturday,
Sunday, or state legal holiday, or that the commission receives after 5:00 p.m.
on a business day, will be treated as officially received the next business
day. The commission will not accept a filing unless the commission receives it
free of any delivery charge or claim. In a specific proceeding, the commission
may set a deadline that modifies when a filing will be accepted.
(b) Unless otherwise directed by the
commission, service of pleadings, orders, and other documents is valid and
complete if made in accordance with this subsection, as follows:
(1) except as provided in (3) of this
subsection, service is completed by
(A) the
commission when it
(i) issues an order by
hand, by United States mail or a similar delivery service, or by electronic
means to the parties of record; or
(ii) publishes an order in an informational
or regulations proceeding on the commission's website;
(B) a party when the party files
electronically with the commission through the commission's website in
accordance with
3
AAC 48.095 and the party successfully sends
notification and a copy of the filing by electronic mail to the other parties,
or to their attorneys of record or other authorized representatives;
(C) a party when the party files with the
commission on paper in accordance with (3) of this subsection and the party
serves notification and its filing to other parties, or their attorney of
records or other authorized representatives by hand or by United States mail or
a similar delivery service;
(2) a party with electronic mail shall
provide the commission and other parties with the party's electronic mail
address; a party shall make and accept service electronically, instead of by
paper copies, in docketed proceedings; compliance with this requirement is
achieved by including the electronic mail address within the signature block of
submitted pleadings in accordance with
3
AAC 48.095(h) or within the
letterhead or signature block of other correspondence; concurrent with the
party's first filing in the proceeding; a party that is technologically unable
to send or receive electronic documents in accordance with this subsection
shall indicate in the signature block "no electronic mail address"; parties
shall serve other parties electronically as follows:
(A) the sending party shall use electronic
mail to complete service to all other parties in docketed proceedings; a
sending party may not substitute paper service for electronic service on
another party, unless both parties agree to be served in this manner;
(B) parties are responsible for coordinating
with each other regarding proper electronic mail addresses, file size
limitations, filters, and other technical matters that might affect electronic
service; unless the parties agree otherwise, an electronic mailing, including
its attachments, may not exceed 10 megabytes; a sending party may divide
service into multiple electronic mailings to accommodate electronic mailbox
size restrictions, if each electronic mailing clearly identifies the
division;
(C) electronic service to
another party may be completed either by providing the files as attachments to
an electronic mailing or by including hyperlinks to the files in an electronic
mailing; submissions to the commission may not include hyperlinks;
(3) unless otherwise directed by
the commission, a party filing on paper in accordance with
3
AAC 48.095(l), filing oversized
documents in accordance with
3
AAC 48.025(c), or filing confidential
material shall complete service by delivering in person, or by United States
mail or a similar delivery service,
(A) an
original and, if possible, a compact disc containing the file formats approved
by the commission in accordance with
3
AAC 48.095(d) - (f) and containing
the filing made to the commission; the party shall clearly label the compact
disc with the party's name, docket number, type of pleading, date of
submission, and file names; the party shall also provide signed verification
that the documents contained on the compact disc are an exact replica of the
documents filed with the commission in accordance with this section;
(B) five copies of each document to the
commission, with one additional copy for each additional docket if the matter
is a consolidated proceeding; documents exceeding 11 inches by 17 inches and
filed under
3
AAC 48.025(c) are not subject to this
subparagraph; however, the party shall supplement the party's filing with
additional copies if requested to do so by the commission after filing;
and
(C) one copy to each other
party's attorney of record or other authorized representative, or to the other
party if the other party is unrepresented; a party filing oversized documents
or filing confidential materials on paper to the commission must provide
electronic service of those documents to other parties in docketed proceedings
in accordance with (2) of this subsection, unless the sending and receiving
party agree to alternative means of service;
(4) a sending party may substitute electronic
service for paper service of confidential material on another party, if both
parties agree to be served in this manner;
(5) service between parties under this
subsection must be completed no later than 5:00 p.m., absent agreement of the
parties.
(c) Pleadings
shall be liberally construed and any defect that does not substantially affect
the rights of the parties will, in the commission's discretion, be disregarded.
Subject to any conditions it may impose, the commission may allow a pleading to
be amended, withdrawn, corrected, supplemented or to be made orally with
written notice to any other party. Pleadings that are considered grossly
defective may, in the commission's discretion, be disregarded or rejected and
returned to the pleading party together with an explanation, in writing, of the
reason for the action taken.
(d) At
any stage of the proceeding, prior to entry of a commission's final order
(1) an application or petition may be
withdrawn without order of the commission by filing a notice of
withdrawal;
(2) the proceeding may
be terminated by filing a stipulation agreed to by all parties of record
provided the commission does not find that the public interest requires the
proceeding to be continued;
(3) a
party shall promptly file an amendment to any pleading explaining any changed
facts or circumstances if, after the date of the original pleading, there is a
significant change in the information required to be shown in pleadings by
3
AAC 48.010 -
3
AAC 48.170 or in regard to any other relevant matter;
or
(4) the commission may, for
reasons stated in its order, terminate a proceeding at the request of an
interested party or on its own motion.
(f) If a pleading is filed with the
commission setting out a violation or omission by any party, the respondent has
the right to satisfy or answer the complaint according to the following:
(1) Any party against whom such a pleading is
directed who wishes to defend or contest it, or to make any representation to
the commission in connection with it, shall file with the commission and serve
on the petitioner and all parties, a written answer to the pleading within 20
days after service of the pleading upon that party, unless for good cause, the
commission extends or shortens the time within which answers may be made.
Answers must be so drawn as to inform the commission and all parties of record
fully and completely as to the nature of the answer, and must specifically
admit or deny in detail all material allegations of the pleading against which
the answer is directed. Matters alleged by way of cross-complaint or
affirmative defense must be separately stated and numbered. The commission
will, in its discretion, order a respondent to file an answer if it considers
that action necessary. If a party fails to answer within the time specified in
this paragraph, the party is considered to have denied generally the allegation
of the complaint or petition and is precluded, except with the consent of
opposing parties and the commission, from setting up an affirmative defense in
the proceeding; the commission will proceed with the matter solely upon the
issues set out in the complaint or petition. Answers are not required in a rate
proceeding initiated as a result of a tariff filing.
(2) A party may amend its pleading once, as a
matter of course, at any time before a responsive pleading is served. If the
pleading is one to which no responsive pleading is permitted and the action has
not been placed upon the hearing calendar, the party may so amend it at any
time within 20 days after it is served. Otherwise a party may amend its
pleading only by permission of the commission. A party shall plead in response
to an amended pleading within the time remaining for response to the original
pleading or within 10 days after service of the amended pleading, whichever
period may be the longer, unless the commission otherwise orders.
(g) A party desiring to reply to
an answer shall serve the commission within 20 days after service of the
answer.
(h) If the commission so
orders in any proceeding, any application, petition, complaint, motion, or
other document designated by the commission shall be served by the party that
submitted the filing on all persons whom the commission determines may be
affected by the proceeding. After a proceeding has been instituted, each
answer, motion, or other document subsequently filed by any party must be
served on all attorneys and parties of record concurrently with the filing of
that document with the commission together with roof of service.
(i) Whenever, by rule or order, an act is
required or allowed to be performed on or before a specified date, the
commission, for cause shown, may
(1) on its
own initiative or pursuant to motion and with or without notice, order the
period extended if the order is issued prior to the date originally specified;
or
(2) pursuant to motion, with
notice given after the expiration of the specified period, permit the act to be
performed provided the failure to act was the result of excusable neglect or
oversight, but a permission thus granted shall not relieve a party from
complying with additional requirements the commission may specify for obtaining
relief from a particular failure.
(j) A formal proceeding shall not be
terminated without issuing at least one order containing the commission's
findings, conclusions and decision. If final order of the commission is
reconsidered or subject to judicial review, the proceeding shall be reopened
under the same docket number until the issues being reconsidered or reviewed
have been resolved and no further action by the commission is
required.
Authority:AS
42.04.080
AS 42.05.141
AS 42.05.151
AS 42.06.055
AS
42.06.140
