3 AAC 48.220 - Tariff filing submission, calculation of statutory notice period, and effective date

Current through April 6, 2022

(a) Unless otherwise provided, the statutory notice period for a tariff filing does not begin until the filing utility or pipeline carrier has complied with this section. If a utility or pipeline carrier submits a tariff filing that does not meet all of the notice and form and filing requirements provided under statute and 3 AAC 48.200-3 AAC 48.430, and the commission does not waive those requirements under 3 AAC 48.805, the commission may reject the filing. The statutory notice period for a rejected tariff filing begins only after the filing is supplemented, within a period specified by the commission, to comply with all applicable requirements. If a utility or pipeline carrier fails to supplement a rejected tariff filing in order to comply with all applicable requirements within the period specified by the commission, the tariff filing will be closed and returned to the utility or pipeline carrier. If a tariff filing is refiled by the utility or pipeline carrier after having been rejected and returned as provided in this chapter, the tariff filing shall be renumbered with the next available tariff advice number and treated as a new tariff filing.
(b) Unless otherwise specified by order or another applicable provision of this chapter, tariff filings may be submitted electronically, in accordance with 3 AAC 48.095. A utility or pipeline carrier filing on paper shall submit an original and five copies of each tariff filing, unless otherwise directed by the commission.
(c) Each tariff filing submitted to the commission must be transmitted by means of consecutively numbered tariff advice letters. Every tariff advice letter must contain the applicable information set out in 3 AAC 48.270(a), unless another provision of 3 AAC 47 - 3 AAC 53 (Regulatory Commission of Alaska) provides otherwise, and is subject to one of the following statutory notice periods as follows:
(1) a utility tariff filing must be submitted to the commission not later than 45 days before it may take effect unless the commission, by order, authorizes the filing to take effect in less than 45 days after the date of filing, or unless another provision of 3 AAC 47 - 3 AAC 53 (Regulatory Commission of Alaska) provides for a different filing method or time period;
(2) an initial pipeline tariff filing must be submitted to the commission not later than 90 days before it may take effect unless the commission, by order, authorizes the filing to take effect in less than 90 days after the date of filing, or unless another provision of 3 AAC 47 - 3 AAC 53 (Regulatory Commission of Alaska) provides for a different filing method or time period;
(3) a pipeline tariff filing, other than an initial pipeline tariff filing, must be submitted to the commission not later than 30 days before it may take effect unless the commission, by order, authorizes the filing to take effect in less than 30 days after the date of filing, or unless another provision of 3 AAC 47 - 3 AAC 53 (Regulatory Commission of Alaska) provides for a different filing method or time period.
(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 statutory notice period. The day after the filing is submitted with the commission will be counted as the first day of the period of notice to the commission and the public in accordance with AS 01.10.080. The statutory notice periods set out in (c) of this section shall be determined in the same manner prescribed under 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 statutory 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 statutory notice period before a proposed effective date.
(f) A utility or pipeline carrier may propose an effective date before the end of the statutory notice period for a tariff filing as set out in 3 AAC 48.270(a). If a proposed effective date is not included in a tariff advice letter, the commission will treat the last day of the statutory period of notice to the commission as the proposed effective date, unless the tariff filing is suspended in accordance with 3 AAC 48.310(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 a utility or pipeline carrier, or except in the case of an initial pipeline tariff.
(g) After approval, the commission will validate each effective tariff sheet, special contract, agreement, form, and other document required by commission order, by placing the commission's date-of-receipt stamp on the upper right corner of each tariff sheet, form, and other document and by entering the appropriate effective date on the bottom right corner of each tariff sheet, form, and other document. The commission will return a copy of each effective tariff sheet, special contract, agreement, form, and other document required by commission order to the utility or the pipeline carrier 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, 3 AAC 48.200 - 3 AAC 48.430, and other provisions of 3 AAC 47 - 3 AAC 53 (Regulatory Commission of Alaska).

Notes

3 AAC 48.220
Eff. 11/16/73, Register 48; am 6/29/84, Register 90; am 8/6/92, Register 123; am 9/16/2005, Register 175; am 4/24/2009, Register 190; am 11/6/2016, Register 220, January 2017; am 10/27/2017,Register 224, January 2018

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.231

AS 42.05.241

AS 42.05.361

AS 42.05.371

AS 42.05.391

AS 42.05.411

AS 42.05.421

AS 42.06.140

AS 42.06.350

AS 42.06.390

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