1. (a) A water or wastewater utility, is exempt from provisions of AS 42.05 requiring a certificate of public convenience and necessity or relating to economic regulation within the meaning of 3 AAC 48.820, if the water or wastewater utility

   1. (1) collects or transports wastewater only by tank, wagon, or similar conveyance, unless the water or wastewater utility provides the service to a public utility that is an affiliated interest;
   2. (2) provides water or wastewater service to a mobile home community exclusively, without a charge separate from the rent paid by tenants of that community; in this paragraph "mobile home community" means a piece of real property on which the owner develops for lease two or more sites for locating but not permanently affixing mobile homes;
   3. (3) provides bulk water sales exclusively to water haul vehicles or individuals who self-haul water;
   4. (4) serves fewer than 15 service connections;

   5. (5) is a water utility that

      1. (A) is within the service area of and receives bulk water service from a water utility with

         1. (i) a certificate of public convenience and necessity; or
         2. (ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738;

      2. (B) and does not

         1. (i) create a different pressure zone from the main;
         2. (ii) provide additional treatment to the water supply before distribution;
         3. (iii) sub-meter the water; or
         4. (iv) require payment as a separate line-item on a bill; or

   6. (6) is a wastewater utility that

      1. (A) is within the service area of and receives bulk wastewater service from a wastewater utility with

         1. (i) a certificate of public convenience and necessity; or
         2. (ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738; and

      2. (B) does not:

         1. (i) treat the wastewater; or
         2. (ii) require payment as a separate line-item on a bill.
2. (b) Exemption from regulation under this section may be terminated as provided in AS 42.05.712(h) or by order of the commission for good cause.
3. (c) A utility that is exempt under this section may apply for provisional certification by filing an application that complies with 3 AAC 52.722.

(Eff. 6/19/2004, Register 170; am 6/3/2007, Register 182)

Authority: AS 42.05.141, AS 42.05.241, AS 42.05.712, AS 42.05.151, AS 42.05.691, AS 42.05.221, AS 42.05.711