3 AAC 48.300 - Waiver of statutory notice period

(a) When a utility or pipeline carrier includes in its tariff advice letter a request under 3 AAC 48.270(a)(6) for a tariff filing to take effect before the end of the statutory notice period, the burden of showing good cause for waiving statutory notice must be borne by the filing utility or pipeline carrier.

(b) In response to each request under (a) of this section, the commission may take one of the following actions:

(1) deny the request and require at least the statutory notice period to expire before allowing the tariff filing to take effect;

(2) grant the requested effective date as proposed in the tariff advice letter;

(3) allow the tariff filing to take effect before the end of the statutory notice period but later than the requested effective date proposed in the tariff advice letter;

(4) pending a public hearing, suspend the operation of the tariff filing for a period not longer than that permitted under AS 42.05.421 or AS 42.06.400.

(c) The commission, on its own motion or for good cause shown, may waive statutory notice and specify an effective date before the end of the statutory notice period for

(1) tariffs of new utilities or pipeline carriers and of utilities or pipeline carriers brought under regulation by operation of law;

(2) tariff filings covering services, facilities, or commodities not previously furnished;

(3) tariff filings that take effect by means of adoption notices; and

(4) tariffs filed to comply with orders of the commission.

Notes

3 AAC 48.300

Eff. 11/16/73, Register 48; am 6/29/84, Register 90; am 10/27/2017,Register 224, January 2018

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.411

AS 42.06.140(a)

AS 42.06.390

AS 42.06.400