Title 3 . Commerce, Community, and Economic Development

Chapter 47 . Telecommunications

Section 30. Determination of regulatory cost charge rates and payment dates; overpayment

3 AAC 47.030. Determination of regulatory cost charge rates and payment dates; overpayment

(a) For state fiscal years beginning after June 30, 1995, the regulatory cost charge rates will be established annually by commission order, using the formulae in 3 AAC 47.040. However, if the regulatory cost charge rate applicable to adjusted gross regulated operating revenue, calculated under 3 AAC 47.040(a) , would result in a regulatory cost charge that exceeds the limit set by AS 42.05.254 (a) or AS 42.06.286 (a), the commission order will establish that rate at a level that would result in a regulatory cost charge that is equal to the limit set by those statutes. The regulatory cost charge rates will be adjusted by commission order if necessary under AS 42.05.254 (b) or AS 42.06.286 (b), or if necessary because of changes in a factor in a formula in 3 AAC 47.040.

(b) Within 30 days after the annual budget of the commission is passed by the legislature each year, the commission will notify the public and each regulated utility and pipeline carrier of the regulatory cost charge rate to be imposed and the basis for that rate. The regulatory cost charge rate will be a charge per kilowatt-hour in the case of regulated electric utilities and a percentage of adjusted gross regulated operating revenue for all other regulated utilities and pipeline carriers.

(c) Within 30 days after notice is issued under (b) of this section, each regulated utility and pipeline carrier may submit comments on, or request revisions to, the regulatory cost charge rates proposed by the commission and, in the case of public utilities, may object to a designation as a regulated utility.

(d) Within 60 days after notice is issued under (b) of this section, the commission will hold a public hearing to receive comments on the proposed regulatory cost charge rates.

(e) Within 90 days after notice is issued under (b) of this section, and after taking into account the commission's final authorized annual budget, the commission will issue an order establishing the regulatory cost charge rates and the date or dates when the regulatory cost charges must be paid.

(f) If the total regulatory cost charge payments made by a regulated utility or pipeline carrier during a state fiscal year exceed the limit set by AS 42.05.254 (a) or AS 42.06.286 (a), the commission will notify the Department of Revenue to refund to the utility or pipeline carrier the amount of the overpayment.

History: Eff. 10/21/92, Register 124; am 12/1/94, Register 132; am/readopt 12/1/95, Register 136

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.254

AS 42.06.140

AS 42.06.286

Editor's note: Effective 12/1/95, Register 136, the Alaska Public Utilities Commission readopted and amended the preceding section under AS 42.05 and AS 42.06 as changed by ch. 1, SLA 1995.