3 AAC 52.710 - Certificate of public convenience and necessity

(a) A water or wastewater utility must obtain a certificate of public convenience and necessity before it provides service to 15 or more service connections unless it is exempt from regulation under 3 AAC 52.700 or is qualified for provisional certification under 3 AAC 52.720. A utility that is provisionally certificated under 3 AAC 52.720 - 3 AAC 52.724 must obtain a certificate of public convenience and necessity if it no longer meets the criteria in 3 AAC 52.720 for provisional certification. A utility that is exempt under 3 AAC 52.700 or qualified for provisional certification under 3 AAC 52.720 may apply for a certificate of public convenience and necessity.

(b) Except as provided in (c) of this section, an applicant for a certificate of public convenience and necessity must provide the following information on a form prescribed by the commission:

(1) the applicant's legal name and the name under which it proposes to do business;

(2) the address of the applicant's principal national place of business, and, if different, its place of business in this state;

(3) the name, title, and telephone number of the individual who is available to provide the commission with information about the application;

(4) the applicant's type of business structure, including

(A) proof of incorporation, registration, or certification, if applicable; and

(B) the name and address of the applicant's registered agent, if applicable;

(5) the names, titles, responsibilities, and qualifications of key management the applicant employs or will employ, including the individuals responsible for the oversight of its financial and technical staff;

(6) a statement explaining why the public convenience and necessity requires the utility service the applicant will provide;

(7) the name of any other utility providing similar service in, or within one mile of, the area the applicant proposes to serve;

(8) the number and type of customers the applicant expects to serve, by geographic location;

(9) for an existing system, a copy of the approval from the Department of Environmental Conservation to operate a domestic wastewater system under 18 AAC 72.240 or to operate a public water system under 18 AAC 80.210, as applicable; if the applicant has not yet obtained operating approval, the applicant must file a schedule agreed to by the Department of Environmental Conservation to complete that department's technical requirements for all utility plant that is under construction;

(10) for a water utility, a description of each source of water for the proposed service area, including

(A) the quantity available;

(B) pumping capacity for each source;

(C) reservoir capacity;

(D) the available reserve capacity, in hours, in case of power outages or well failure; and

(E) information regarding the treatment necessary to bring the water into compliance with 18 AAC 80;

(11) for a wastewater utility,

(A) a description of the collection system and treatment facilities;

(B) information regarding the treatment necessary to bring the discharge into compliance with 18 AAC 70 and 18 AAC 72, and the method of disposal of treated effluent for the proposed service area; and

(C) information on the receiving environment into which the effluent will be discharged;

(12) documentation that the applicant complies with the Department of Environmental Conservation's operator certification requirements at 18 AAC 74.010; if the applicant is not in compliance with the operator certification requirements, the applicant must file a schedule to come into compliance with those requirements;

(13) a statement confirming that a water meter is installed, calibrated, and working at the entrance to the distribution system;

(14) a written description and a map of the utility's proposed service area;

(15) a tariff of rates and services that complies with 3 AAC 48.320 - 3 AAC 48.390 if the utility will be subject to economic regulations within the meaning of 3 AAC 48.820, or that complies with 3 AAC 52.730 - 3 AAC 52.740 if the utility will not be subject to economic regulations within the meaning of 3 AAC 48.820;

(16) pro forma financial schedules showing the calculation of the rate base for the utility using the appropriate uniform standard of accounts applicable under 3 AAC 48.277 to the utility;

(17) an income statement and balance sheet for the most recent fiscal year for existing systems; an actual income statement and balance sheet from the owner of the utility may be substituted for a new water or wastewater utility that has not begun providing service or that has not completed a full fiscal year of service;

(18) information on the sources of financing for the utility, including grants and loans;

(19) a verification signed by the person authorized to sign on behalf of the applicant that all of the information provided in the application is true, accurate, and complete;

(20) additional filings as required by the commission to explain or supplement the information filed under this subsection.

(c) An applicant that has previously obtained a finding of public convenience and necessity under 3 AAC 52.715 is not required to re-submit information required under (b) of this section unless the information is not currently correct.

(d) The commission will determine if an application for a certificate of public convenience and necessity is complete within 15 business days after the receipt of an application. An incomplete application will be handled as provided in 3 AAC 48.650.

(e) The commission will give notice of an application for a certificate of public convenience and necessity as provided in 3 AAC 48.645(a).

(f) If the commission denies an application, the utility may request a hearing as provided in AS 42.05.171.

Notes

3 AAC 52.710

Eff. 6/19/2004, Register 170

As of Register 178 (July 2006), the regulations attorney made technical revisions under AS 44.62.125(b)(6), to 3 AAC 52.710(e) and (f).

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.241