3 AAC 46.080 - Balanced board safe harbor
(a) An application
for a certificate for an electric reliability organization with a balanced
stakeholder board consistent with
AS
42.05.762(4)(B)(ii) or
combination independent and balanced stakeholder board consistent with
AS
42.05.762(4)(B)(iii) has a
rebuttable presumption that the board meets the requirements of
3
AAC 46.060(b)(1) and (4)(A) and (B),
if the application satisfies each of the following conditions:
(1) stakeholders that have designated
directors are classified so that
(A) provider
stakeholder classes are sub-classified, as distinguished by
(i) whether a class's stakeholders stand to
profit from the construction of new facilities used to provide electrical
service for compensation;
(ii)
whether the assets of a class's stakeholders are primarily or entirely owned by
the state;
(iii) whether a class's
stakeholders own or operate assets involved in two or more functions of
electricity distribution, transmission, generation, and storage, regardless of
whether the assets are part of an interconnected electric energy transmission
network; and
(iv) whether a class's
stakeholders own or operate assets involved in only one function of electricity
distribution, transmission, generation, and storage, and if so, the particular
function; and
(B)
consumer stakeholder classes are sub-classified, as distinguished by
(i) whether a class's stakeholders are
primarily residential;
(ii) whether
a class's stakeholders are primarily commercial;
(iii) whether a class's stakeholders are
primarily industrial; and
(iv)
whether a class's stakeholders have a primary interest in attributes, other
than price or reliability, in how electricity service is provided;
(2) voting directors on
the board each have one vote on matters before the board, and
(A) are odd in number;
(B) include at least one director designated
to a provider stakeholder class and at least one director designated to a
consumer stakeholder class;
(C) are
constituted so that the number of directors representing a single stakeholder
class, as sub-classified, is less than 50 percent of all voting directors;
and
(D) are composed in number and
type so that total provider interests and total consumer interests are equal;
for purposes of this subparagraph, a director's provider interest and consumer
interest are determined as follows:
(i) if the
director's designated provider stakeholder class, as subclassified, either does
not profit from construction of new facilities or has assets primarily or
entirely owned by the state, the director will be assigned fractional provider
interests and fractional consumer interests, such that the maximum consumer
interest is one-half and the director's fractional provider and consumer
interests sum to one;
(ii) if the
director's designated provider stakeholder class, as subclassified, profits
from construction of new facilities used to provide electrical service for
compensation, and does not have assets primarily or entirely owned by the
state, the director will be assigned a provider interest of one and a consumer
interest of zero;
(iii) if the
director is designated to a consumer stakeholder class, the director will be
assigned a provider interest of zero and a consumer interest of one;
(iv) if the director is independent, the
director will be assigned a provider interest of zero and a consumer interest
of zero;
(3)
the board has rules to ensure that each member of the board of directors is
entitled to designate a qualified representative to serve on a
committee.
(b) In
considering the application for a certificate as an electric reliability
organization and a protest or complaint regarding that application, the
commission may determine that good cause exists to investigate whether the
rebuttable presumption described in (a) of this section is overcome. After a
hearing, and upon a finding by the commission that the rebuttable presumption
has been overcome, the commission will determine whether the applicant's board
satisfies the requirements of
3
AAC 46.060(b)(1) and (4)(A) and
(B).
Notes
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.760
AS 42.05.762
AS 42.05.770
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