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