Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 7 - Regulatory Commission of Alaska
Chapter 48 - Practice and Procedure
Article 1 - Practice Before the Commission
3 AAC 48.095 - Electronic filing requirements
Current through February 27, 2024
(a) Unless otherwise specified by order or another applicable provision of this chapter, all filings submitted to the commission, with the exception of regulatory cost charge reports, may be filed electronically or on paper. Reports submitted in accordance with 3 AAC 47.050(b) or 3 AAC 47.060 shall be filed electronically, unless waived in accordance with (I) of this section or otherwise specified by order. Parties and their representatives participating in docket proceedings before the commission shall serve and accept service electronically in accordance with 3 AAC 48.090(b). An electronic filing with the commission must be made through the commission's electronic filing systems using the commission's website. Public comments may be filed either electronically, including by electronic mail, or on paper. Additional copies of an electronic filing, in any form, are not required, and may be deleted or destroyed by the commission. Electronic mail may be submitted to facilitate the commission staff's work, if requested by the staff or the commission.
(b) Upon request, the commission may issue a user name and password to a person that seeks to file and accept service electronically through the commission's electronic filing systems using the commission's website. Use of the commission's electronic filing systems is subject to the following:
(c) An electronic filing may be rejected if it is not in compliance with this chapter or for other good cause. The commission may combine or separate files within a filing, or documents within a file, if necessary for administrative efficiency or organizational clarity. Multi-topic electronic filings may be rejected. An electronic filing will be rejected by letter or electronically, if the filing
(d) When submitting an electronic filing containing supporting documents, the filer shall make one submission containing an individual file for each document. Each individual file must be named consistent with (g) of this section.
(e) An electronic filing submitted to the commission must be filed in portable document format (pdf), and must be text-searchable. A filer shall provide an electronic filing in its native format, if requested to do so by the commission after filing. If possible, a filer shall convert a document from its native format into portable document format, rather than scan a paper copy. If a document is scanned into portable document format, the filer shall use the highest quality resolution available, and shall employ an optical character recognition (OCR) program so that copy and paste and keyword search functions may be used. A document may not be scanned in color, unless color is essential to understanding of the information, such as in certain kinds of graphs.
(f) An electronic filing may not be submitted with security settings that prevent printing, copying, and pasting of text from the files. The security settings on an electronic filing must allow the commission to apply its electronic date-received stamp to the files. A filing not meeting the requirements of this subsection will be rejected.
(g) An electronic file description and name must be as descriptive and concise as possible. The commission staff may change a file description or name if the change will assist staff processing of the file. The commission staff shall notify a filing entity, in writing, of any file description or file name changes.
(h) To verify an electronic filing by signature, a filer shall do the following:
Contact Name
Mailing Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Electronic Mail Address: xxx@xxx.xxx;
(i) A joint filing submitted on behalf of more than one party will be accepted electronically if
(j) If a joint filing under (i) of this section is not signed by or on behalf of a party, that party shall file a certificate of concurrence no later than three business days after the commission has assigned a tracking number to the filing. The certificate must be filed in accordance with 3 AAC 48.090(b) and contain the following elements:
[Docket caption and number]
Certificate of Concurrence
[Party name] concurs with the filing [tracking number] made [date received by the commission] entitled [filing title/description].
/s/ [Contact Name]
Mailing Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Electronic Mail Address: xxx@xxx.xxx;
(k) Service of filings in formal proceedings, as described in 3 AAC 48.070, must comply with 3 AAC 48.090(b).
(l) The following procedures and requirements apply to a waiver from the electronic filing requirements of this section:
(m) A certificate of service may not be filed as a separate filing, but may be either a separate file within the filing or contained within and at the end of the primary file. A certificate of service that includes service on a party by electronic means must be worded substantially as follows:
I hereby certify that on [date], a copy of [name of document] was served electronically on [names of parties served electronically, including electronic mail address used] by electronic means authorized by the commission, and on [name(s) and address(es) of parties served a paper version] by [method]. /s/ [person responsible for service].
(n) Material that is not available in electronic format and that cannot be converted to an electronic format acceptable to the commission must be filed on paper under 3 AAC 48.090(b). If material is filed on paper, the filer shall include a placeholder page at the appropriate place sequentially in the electronically filed document to which the material applies, with a conspicuous notation in the middle of the page in at least 14 point font: "(insert brief description) filed on paper only." An electronic filing with a placeholder page is not complete until the paper version of the omitted material is officially received under 3 AAC 48.090(a) by the commission.
(o) If a failure of the commission's electronic filing systems prevents a timely electronic filing, the filing shall be submitted by electronic mail to the commission's records and filings department, or submitted on paper. If a filer cannot timely file due to a failure of the commission's electronic filing systems, the commission will accept the filing as timely filed, without the need for the filer to submit a motion to accept late filing. If a filer's system failure causes a late electronic filing, the filer shall include with that filing a motion to accept late filing. That motion may not exceed three pages.
(p) If a filer does not receive an electronic mail acknowledgement that the commission has received an electronic filing, the filer shall contact the commission to verify that the electronic filing has been received.
(q) Notwithstanding (c)(1) and (2) of this section, a filing made in compliance with 3 AAC 46.220 and 3 AAC 46.230 that is too large to be filed online through the commission's electronic filing systems portal may be provided on a portable digital storage device with broad operating system compatibility. If the entity making the filing wishes to obtain a date-stamped receipt indicating that the commission has received the filing, the entity must provide a physical cover letter with the portable digital storage device. The commission will treat a filing made under this subsection as if it had been electronically filed under this section.
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.770
AS 42.06.140