3 AAC 52.700 - Exempt water or wastewater utilities

(a) A water or wastewater utility, is exempt from provisions of AS 42.05 requiring a certificate of public convenience and necessity or relating to economic regulation within the meaning of 3 AAC 48.820, if the water or wastewater utility

(1) collects or transports wastewater only by tank, wagon, or similar conveyance, unless the water or wastewater utility provides the service to a public utility that is an affiliated interest;

(2) provides water or wastewater service to a mobile home community exclusively, without a charge separate from the rent paid by tenants of that community; in this paragraph "mobile home community" means a piece of real property on which the owner develops for lease two or more sites for locating but not permanently affixing mobile homes;

(3) provides bulk water sales exclusively to water haul vehicles or individuals who self-haul water;

(4) serves fewer than 15 service connections;

(5) is a water utility that

(A) is within the service area of and receives bulk water service from a water utility with

(i) a certificate of public convenience and necessity; or

(ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738;

(B) and does not

(i) create a different pressure zone from the main;

(ii) provide additional treatment to the water supply before distribution;

(iii) sub-meter the water; or

(iv) require payment as a separate line-item on a bill; or

(6) is a wastewater utility that

(A) is within the service area of and receives bulk wastewater service from a wastewater utility with

(i) a certificate of public convenience and necessity; or

(ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738; and

(B) does not:

(i) treat the wastewater; or

(ii) require payment as a separate line-item on a bill.

(b) Exemption from regulation under this section may be terminated as provided in AS 42.05.712(h) or by order of the commission for good cause.

(c) A utility that is exempt under this section may apply for provisional certification by filing an application that complies with 3 AAC 52.722.

Notes

3 AAC 52.700

Eff. 6/19/2004, Register 170; am 6/3/2007, Register 182

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.241

AS 42.05.691

AS 42.05.711

AS 42.05.712