3 AAC 46.320 - Tariff filing submission, calculation of regulatory notice period, and effective date
(a) Unless otherwise provided, the regulatory
notice period for a tariff filing does not begin until the filing electric
reliability organization has complied with this section. If an electric
reliability organization submits a tariff filing that does not meet all of the
notice and form and filing requirements provided under statute and
3
AAC 46.320 -
3
AAC 46.430, and the commission does not waive the
requirements of
3
AAC 46.320 -
3
AAC 46.430 under (i) of this section, the commission
may reject the filing. For a rejected tariff filing, the regulatory notice
period under (c) of this section begins only after the electric reliability
organization supplements the filing, within a period specified by the
commission, to comply with all applicable requirements. If the electric
reliability organization fails to supplement a rejected tariff filing in order
to comply with all applicable requirements within the period specified by the
commission. the commission will close the tariff filing and return it to the
electric reliability organization. If a tariff filing is refiled by the
electric reliability organization after the commission has rejected and
returned the tariff filing as provided in this chapter, the commission will
renumber the tariff filing with the next available tariff number and treat the
filing as new.
(b) Unless otherwise
specified by order or under another applicable provision of this chapter or 3
AAC 48, an electric reliability organization may submit a tariff filing
electronically in accordance with
3
AAC 48.095. An electric reliability organization that
files by paper shall submit an original and five copies of each tariff filing,
unless otherwise specified by the commission.
(c) Each tariff filing submitted to the
commission must be transmitted by means of a consecutively numbered tariff
letter and must be designated as "TE[number]" followed by a hyphen and the
number of the electric reliability organization's certificate. Each tariff
letter must contain the applicable information set out in
3
AAC 46.330(a) and must be submitted
to the commission not later than 45 days before the filing may take effect,
unless the commission by order authorizes the filing to take effect in less
than 45 days after the date of filing.
(d) Whether submitted on paper or
electronically, a tariff filing made before 5:00 p.m. on a regular business day
will be considered filed with the commission for the purpose of determining the
regulatory notice period under (c) of this section. The day after the filing is
submitted to the commission will be counted as the first day of the period of
notice to the commission and public in accordance with
AS
01.10.080. The regulatory notice period under
(c) of this section will be determined in the same manner prescribed in
3
AAC 48.090. If a notice period ends on a Saturday,
Sunday, or state legal holiday, the notice period will be extended to the end
of the commission's next regular business day. In computing the regulatory
notice period, consideration will not be given to notice by telephone,
electronic mail, or facsimile transmission.
(e) Except as otherwise provided in this
chapter, the commission may reject a tariff filing submitted to the commission
with insufficient time to accommodate the regulatory notice period under (c) of
this section before a proposed effective date.
(f) An electric reliability organization may
request a tariff filing take effect, as set out in
3
AAC 46.330(a)(7), before the end of
the regulatory notice period under (c) of this section for a tariff filing. If
a proposed effective date is not included in a tariff letter, the commission
will treat the last day of the regulatory notice period as the proposed
effective date, unless the commission suspends the tariff filing in accordance
with 3 AAC 46.390(d).
The commission may reject a tariff filing if a proposed effective date is more
than 90 days after the date the tariff filing is submitted to the commission,
except as specifically authorized by the commission on request of the electric
reliability organization.
(g) After
approval, the commission will validate each effective tariff sheet, form, or
other document required by commission order, by placing the commission's
date-of-receipt stamp on the upper right comer of each tariff sheet, form, and
other document and by entering the appropriate effective date on the bottom
right comer of each tariff sheet, form, and other document. The commission will
return a copy of each effective tariff sheet, form, and other document required
by commission order to the electric reliability organization after the
effective date of the filing.
(h)
Each effective tariff on file with the commission is lawful until revised in
accordance with the procedures established under law and
3
AAC 46.320 -
3
AAC 46.430.
(i) The commission may waive or modify by
order the requirements of
3
AAC 46.320-3 AAC
46.430, in whole or in part, upon application and a
showing of good cause or on the commission's own motion, if the waiver does not
also require a waiver of the requirements set out in AS 42.05.
Notes
Authority:AS 42.05.141
AS 42.05.151
AS 42.05.762
AS 42.05.765
AS 42.05.770
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