3 AAC 46.090 - Application requirements
(a) An application
for certification as an electric reliability organization must include
(1) the applicant's mailing address, business
telephone number, electronic mail address, legal name and name under which it
proposes to do business, and if applicable, business address and facsimile
number;
(2) the applicant's type of
business structure, including
(A) proof of
incorporation, registration, or certification, if applicable;
(B) the name, mailing address, telephone
number, and electronic mail address of the applicant's registered agent, if
applicable;
(C) an organization
chart detailing the applicant's organizational structure; and
(D) a description of the applicant's expected
personnel positions, including key management, financial, and technical
positions;
(3) the name,
title, telephone number, mailing address, and electronic mail address of the
individual who is available to provide the commission with information about
the application;
(4) a verification
signed by a person authorized to sign on behalf of the applicant that
information provided in the application is true, accurate, and
complete;
(5) a list of
qualifications of directors, and of employees or committee members, if
available, who satisfy the requirements of
3
AAC 46.460(a)(1);
(6) a proposed tariff that includes at a
minimum the provisions of
3
AAC 46.360(a)(1) - (3), (5), and (6)
and a plan for completing the proposed tariff; a plan filed for completing a
proposed tariff must include
(A) a list of
anticipated tariff provisions, including provisions that are in addition to
those required by
3
AAC 46.360(a), if
applicable;
(B) a work plan and
budget for developing the items in (A) of this paragraph, including proposed
dates of filing; and
(C) the
applicant's process, consistent with
AS
42.05.762(3)(D), for
developing reliability standards, including a description of how the applicant
will identify and directly notify potentially affected parties so that they can
participate in the organization's reliability standards development
process;
(7) the
location in this state where the applicant's books, accounts, papers, and
records will be held;
(8) a code of
conduct or other document establishing expectations for ethical conduct that
satisfies the requirements of
3
AAC 46.110;
(9) the applicant's rules that comply with
the requirements of
AS
42.05.762(3)(C);
(10) if different from the requirements of
3
AAC 46.160(c), a proposed method of
allocating administrative costs to load-serving entities served by the electric
reliability organization;
(11)
proposed rules that ensure that the electric reliability organization is able
to comply with the requirements of
AS
42.05.762 and the commission's exercise of
its authority under
AS
42.05.767; the proposed rules must include
(A) processes for amending the rules that
implement AS
42.05.762(3);
(B) board and each committee's voting
procedures;
(C) rules governing the
scheduling, noticing, and conduct of public meetings and executive sessions,
and that satisfy the requirements of
3
AAC 46.460(a)(4)(K) and (L) and (5);
and
(D) rules required by
3
AAC 46.460(a);
(12) a narrative explaining the applicant's
proposed rules that, separately and in totality, ensure compliance with the
requirements of
AS
42.05.762(3);
(13) the applicant's proposed
(A) board member required qualifications;
and
(B) criteria for determining a
board or committee member's ability to contribute to the technical support
required under
3
AAC 46.460(a)(1);
(14) a narrative explaining the
applicant's technical ability to satisfy the requirements of
AS
42.05.762(1) and
(2);
(15) a description of committees and their
responsibilities;
(16) a board and
executive compensation plan, if applicable; and
(17) a proposed plan for developing and
filing the electric reliability organization's initial integrated resource
plan; the proposed plan must contain
(A) a
work plan and budget for satisfying the requirements of the integrated resource
plan, including a proposed date of filing; and
(B) the applicant's process, consistent with
AS
42.05.762(3)(D), for
developing the integrated resource plan, including a description of how the
applicant will identify and directly notify potentially affected parties so
that they can participate.
(b) In addition to the application
information required under this section, the commission may require that the
applicant provide supplemental or clarifying information that the commission
determines is necessary.
(c) In its
order approving the application, the commission will require an electric
reliability organization to file an initial tariff as a new tariff
filing.
(d) An applicant that seeks
certification with an independent board under
AS
42.05.762(4)(B)(i) or
combination independent and balanced stakeholder board under
AS
42.05.762(4)(B)(iii) must
describe its processes to remove and replace a director that fails to meet the
requirements of
3
AAC 46.070(a).
(e) Except as provided in (f) of this
section, an applicant that seeks certification with a balanced stakeholder
board under
AS
42.05.762(4)(B)(ii) or
combination independent and balanced stakeholder board under
AS
42.05.762(4)(B)(iii) must
provide the following:
(1) a table listing
each director's designated stakeholder class;
(2) an explanation why each director listed
in (1) of this subsection has sufficient association with, is drawn from, and
understands and can articulate the interests of its designated stakeholder
class;
(3) an explanation of the
process by which each director designated to a stakeholder class was
selected;
(4) an explanation of how
the applicant's stakeholders are classified;
(5) a description of additional factors
identified under
3
AAC 46.060(d)(l)(C)(iv) that the
applicant believes importantly and differentially affect stakeholder
interests;
(6) a description of
whether and, if so, how each factor in
3
AAC 46.060(d)(1) differentially
affects stakeholder interests in reliability standards, standards set out in
AS
42.05.770(1), or integrated
resource plans, and the resultant stakeholder classification described in (4)
of this subsection;
(7) an
explanation, that considers the distinguishing consequences that the applicant
describes in (6) of this subsection, of which stakeholder classes were
determined to require designated board members;
(8) an explanation of why some stakeholder
classes lack designated directors that satisfy the criteria in
3
AAC 46.060(b)(3), if
applicable;
(9) an explanation of
mechanisms to ensure that the relevant interests of stakeholder classes without
designated directors that satisfy the criteria in
3
AAC 46.060(b)(3) will be adequately
considered; these mechanisms may include composition or independence of
technical advisory committees, electric reliability organization staffing,
programs to recruit qualified directors for future board membership, or other
means;
(10) an explanation of how
voting procedures for the board and its committees help to avoid undue
amplification or attenuation of stakeholder class interests;
(11) an explanation of how the applicant
satisfies the requirements of
3
AAC 46.060(b)(4)(B), through
committee composition and procedures, levels of director compensation, levels
of electric reliability organization staffing, or other electric reliability
organization mechanisms and structures;
(12) a description of the electric
reliability organization's procedures to meet the requirements of
3
AAC 46.060(b)(5);
(13) if the application is for a combination
independent and balanced stakeholder board formed under
AS
42.05.762(4)(B)(iii), a
description of processes to remove and replace a director that fails to meet
the requirements of
3
AAC 46.070(a); and
(14) additional information that makes
specific reference to the factors set out in
3
AAC 46.060(d).
(f) If the applicant files its application
under 3 AAC 46.080(a),
(1) the commission will waive the filing
requirements of (e)(4) - (10) of this section; and
(2) the applicant must submit
(A) an explanation of how its classification
of its stakeholders is consistent with
3
AAC 46.080(a)(1); and
(B) a declaration of the numerical value, as
calculated under
3
AAC 46.080(a)(2)(D), of each
director's provider interest and consumer interest.
(g) If an applicant proposes a
classification that includes a hybrid stakeholder class, the applicant must
provide an explanation of why the relevant hybrid stakeholder interests cannot
be adequately presented or considered if the hybrid stakeholders are
exclusively classified as a provider stakeholder or consumer
stakeholder.
(h) The commission
will consider an application in a docket of investigation under the procedures
set out in 3 AAC 48.645
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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