(a) In addition to
any other information or requirement specified by
3
AAC 48.600 -
3
AAC 48.660, a person requesting a right, power,
privilege, or authority provided for in AS 42.06 shall file an application with
the commission. An application must be in writing, and verified under oath by
the applicant. Except as provided in (b) of this section, must contain:
(1) the names of applicants, business mailing
addresses, electronic mail addresses, and contact telephone numbers;
(2) the name and address of the operator of
the pipeline, if different from the applicants;
(3) a clear and concise statement of what
right, power, privilege, or authority is being requested;
(4) the statutory or regulatory citation
authorizing the right, power, privilege, or authority requested;
(5) a detailed description of the proposed
service to be offered or discontinued, and the pipeline or facility to be
constructed, operated, extended, expanded, interconnected, acquired or
abandoned or otherwise modified, including
(A)
a United States Geological Survey topographic map or other map of similar
quality showing the pipeline route, exact location of the pipeline facilities,
and receipt and delivery points;
(B) a description of the length and diameter
of the pipeline;
(C) a statement of
the pipeline's capacity and projected life; and
(D) copies of all pipeline right-of-way
agreements or, if right-of-way agreements are not finalized, copies of the most
current right-of-way applications;
(6) for new construction, the estimated
system cost, annual operating expenses, description of financing arrangements,
and projected rates;
(7) for new
construction, transfers of certificates of public convenience and necessity, or
transfers of controlling interest,
(A) a
description of the ability and willingness of one or more applicants to provide
the proposed services;
(B) for
existing businesses, the applicants' most recent audited financial statements
for the two most recent fiscal years preceding the date of the
application;
(C) for new
businesses, the audited financial statements for the two most recent fiscal
years preceding the date of the application, of the entities that hold
ownership interests; or
(D) if the
audited financial statements required in (B) or (C) of this paragraph are
unavailable, a request that the requirements of (B) or (C) of this paragraph be
waived; a request for a waiver under this subparagraph must include
(i) a certification that independent audits
are not performed;
(ii) financial
statements consisting of, at a minimum, comparative balance sheets, income, and
cash flow statements for the two most recent fiscal years preceding the date of
the application, verified and certified for accuracy; and
(iii) a description of how the public
convenience and necessity requires the service;
(8) the names, addresses, and percentage
ownership of owners holding five percent or more;
(9) the names and addresses of the
applicants' affiliated interests;
(10) the location in this state where the
applicants' books, accounts, papers, and records will be held as required by
AS
42.06.430(5);
(11) the names, titles, resumes, and
responsibilities of key management employed or to be employed by the
applicants;
(12) if a substantial
change or modification is contemplated in a pipeline or facility, a detailed
description and analysis of the projected change in facilities, service, and
transportation rates;
(13) the
names of persons that may be affected if the application is granted;
and
(14) a statement from a company
official authorizing the commission to notice the application.
(b) If information satisfying the
requirements of (a)(5) - (12) of this section is filed with a previous
application submitted under this section, the applicant may reference that
information and need not restate the information.
(c) The commission will provide notice of the
application by hand, by United States mail or a similar delivery service, or by
electronic mail to each person who
(1) has
filed a request for notice of applications; or
(2) the commission believes is interested in
the proposed application.
(d) The commission will rule on an
application filed under this section in accordance with the timelines set out
in 3 AAC 48.661, including extensions
of those timelines for good cause. The commission will set out findings on good
cause in an order extending the deadline.
