3 AAC 48.130 - Formal complaints, protests and investigations
(a) A formal
complaint or protest shall be in writing and should
(1) be so drawn as to fully inform the
respondent or respondents and the commission as to how applicable provisions of
the utility's, electric reliability organization's, or pipeline carrier's
effective tariff or of the governing law, rules, regulations, or order of the
commission have been, are being, or will be violated by the acts or omissions
in question;
(2) set forth
concisely, and in plain language, the facts and circumstances on which the
complaint or protest is predicated;
(3) state the relief sought by the
complainant;
(b) The commission may allow a formal
complaint or protest to be supplemented because of facts arising subsequent to
the original filing.
(c) Unless the
commission orders otherwise, the answer to a complaint or protest shall be
filed 20 days from the filing date of the complaint. Formal complaints or
protests will be set for hearing at the earliest convenience of the commission,
unless notice of satisfaction of the complaint, by answer or otherwise, is
received by the commission within 20 days after the complaint or protest is
filed. If satisfaction of the complaint has been made, the commission will
notify the complainant or protestant thereof and take appropriate action
thereon.
(d) Two or more grounds of
complaint or protest concerning the same subject matter may be included in one
pleading, but should be stated and numbered separately. Two or more
complainants or protestants may join in one pleading if their respective causes
of action are against the same person, and deal with substantially the same
alleged tariff infraction or violation of a law, rule, regulation or order of
the commission.
(e) If a complaint
or protest is made concerning a utility, electric reliability organization, or
pipeline carrier operated by a receiver or trustee, both the utility and its
receiver or trustee must be named as respondents in cases involving the
utility, electric reliability organization, or pipeline carrier.
(f) A formal investigation will not be
instituted on complaint, except for good cause shown to the commission's
satisfaction by the complainant. The commission will rule on whether good cause
exists to institute an investigation within 30 days after an answer to the
complaint has been filed with the commission as provided for under (c) of this
section. The commission will extend that deadline if amended or supplemental
pleadings are filed. In that event, the deadline for commission ruling is 30
days after the final amended or supplemental pleading is filed.
(g) If a formal investigation or "show cause"
proceeding is instituted by the commission on its own motion, the order
instituting the investigation or proceeding shall clearly state the facts,
circumstances, and allegations on which it is predicated.
(h) If a formal investigation is instituted
under (f) or (g) of this section, the commission will rule on the matter within
60 days after the hearing is concluded or the evidentiary record is closed,
whichever occurs later.
(i) The
commission will extend the period for action set out in (h) of this section for
good cause. The commission will set out its findings on good cause in an order
extending that period.
Notes
Authority:AS 42.04.080
AS 42.05.141
AS 42.05.151
AS 42.05.271
AS 42.05.770
AS 42.06.055
AS 42.06.140
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