- (a) A petition filed under this chapter must be in writing and formatted in compliance with 3 AAC 48.025 and 3 AAC 48.100.
(b) The commission will docket and consider, in a formal proceeding in conformance with 3 AAC 48.060(a) - (c), a petition filed under this chapter, except that
- (1) the commission will docket and consider, in a formal proceeding in conformance with the process established in AS 42.05.780(b), a petition filed under 3 AAC 46.220;
- (2) the commission will docket and consider, in a formal proceeding under the process established in 3 AAC 46.390, a tariff letter filed under 3 AAC 46.330; and
- (3) the commission will docket and consider, in a formal proceeding under the process established in 3 AAC 46.470(f), an electric reliability organization rule letter filed under 3 AAC 46.470.
- (c) A petition filed under this chapter must be accompanied by an entry of appearance by a person representing the petitioner, qualified under 3 AAC 48.080 to appear before the commission.
- (d) A petition must be filed electronically in conformance with 3 AAC 48.095, unless accompanied by a petition for waiver under 3 AAC 48.095(l).
- (e) In substantially the same manner and format as a tariff filing under 3 AAC 46.370, the commission will notice to the public a petition filed under this chapter. A response to the notice must be filed in compliance with 3 AAC 46.380. The commission will arrange for publication of a public notice not later than five business days after the petition has been filed.
- (f) A person may petition to intervene in a docket opened under this section. The person shall file the petition in compliance with 3 AAC 48.110(c) and (d). An answer to the petition must be filed in compliance with 3 AAC 48.110(e). The commission will consider the petition in conformance with 3 AAC 48.110(a), (b), and (f). Intervention granted under this section is subject to the limitation set out in 3 AAC 48.110(g).
(g) Not later than 45 days after the date a petition under this chapter is filed, the commission will schedule a prehearing conference to determine, consistent with the public interest, if an evidentiary hearing is required and otherwise address a procedural schedule for resolution of the docket, except that
- (1) the commission will determine if an evidentiary hearing is required for a petition filed under 3 AAC 46.220 through the process established in AS 42.05.780(b);
- (2) the commission will determine if an evidentiary hearing is required for a tariff letter through the process established in 3 AAC 46.390;
- (3) the procedural schedule set out in 3 AAC 46.030(e) and (f) applies to a petition filed under AS 42.05.760(d); and
- (4) the commission will determine if an evidentiary hearing is required for an electric reliability organization rule filing through the process established in 3 AAC 46.470.
- (h) The commission may waive or modify by order the requirements of this section, in whole or in part, upon application and a showing of good cause or on the commission's own motion.
(Eff. 3/11/2022, Register 241)
Authority: AS 42.05.141, AS 42.05.151, AS 42.05.770