3 AAC 52.720 - Provisional certification: purpose and eligibility
(a) A provisional
certificate is granted to a class of utility that is currently providing or
will provide water or wastewater utility service required for the public
convenience and necessity but that might not meet standards of financial
fitness the commission otherwise applies in granting a certificate under
AS
42.05.241. Through the provisional
certification program, the commission collects and publishes, but does not
verify, information reported by provisionally certificated utilities and
applicants. A provisionally certificated utility is exempt from economic
regulation within the meaning of
3
AAC 48.820 except as provided in
AS
42.05.385 and
3
AAC 52.726. The commission does not inspect a
provisionally certificated utility or certify its compliance with any health or
safety requirements of state or federal law.
(b) A water or wastewater utility is eligible
for a provisional certificate of public convenience and necessity if the
utility owns water treatment and distribution or wastewater treatment and
collection facilities and is
(1) a community
association, cooperative, political subdivision, or government that has fair
and equitable customer representation; for purposes of this paragraph, a
utility has fair and equitable customer representation if each individual who
is a utility customer has the opportunity to
(A) vote at a local election for members of a
board, council, assembly, or body that controls the utility; or
(B) attend meetings and vote directly on
matters affecting local utilities;
(2) any other form of business structure that
has an annual gross revenue less than $50,000;
(3) any other form of business structure that
has annual gross revenue greater than $50,000 but less than $150,000 if the
utility petitions to be provisionally certificated, and the commission, after
investigation and a hearing to solicit comments from consumers and other
members of the public, grants the petition; the commission may, upon petition
or its own motion, and after a hearing, require a utility provisionally
certificated under this paragraph to return to economically regulated status;
or
(4) an exempt utility that
voluntarily seeks provisional certification under
3
AAC 52.700(c).
(c) Water and wastewater utilities that are
financially and managerially consolidated and operating under one tariff or
ordinance may file a single application providing the information required in
3
AAC 52.722, and may file jointly to comply with the
ongoing requirements in
3
AAC 52.724, including application fees.
Notes
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
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