Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 50. Inspection of records and facilities

3 AAC 48.050. Inspection of records and facilities

(a) The facilities and records of a public utility or pipeline carrier are not available to the public for inspection, copying or any purpose, other than to furnish a service or commodity, except

(1) as otherwise provided by statute or by an applicable rule, regulation, or general order of the commission;

(2) by specific order of the commission;

(3) with the prior voluntary consent of the utility or pipeline carrier; and

(4) upon enforcement of a subpoena duces tecum or other legal process.

(b) A member of the commission advisory staff and any agent, consultant, or other authorized representative of the commission must, upon presentation of authentic credentials issued by the commission, be allowed access to the premises of any utility or pipeline carrier during its regular business hours to investigate, inspect, examine, evaluate, or analyze its rates, services, facilities, accounts, books, records, contracts, and operating practices, to make copies of any record, account, contract, or other document or paper of the utility or pipeline carrier, or to implement, in any other way, any jurisdictional function of the commission.

(c) If office and desk space is required to perform any function listed in (b) or (o) of this section, the utility or pipeline carrier shall provide it at a conveniently located place that is reasonably comfortable, adequately lighted, and otherwise suitable. If the utility or pipeline carrier does not have satisfactory office and desk space in its own quarters, it shall make other suitable arrangements, including, if ordered by the commission, direct payment by the utility or pipeline carrier of rental or lease charges for office and desk space selected by the commission.

(d) Public utilities and pipeline carriers shall, in every way possible within reason, assist the commission's advisory staff, the public advocacy section, and their agents, consultants, and representatives in the performance of any function listed in (b) or (o) of this section.

(e) An action or responsibility applicable to public utilities and pipeline carriers under (b), (c), (d), or (o) of this section is also applicable to the affiliated interests of public utilities and pipeline carriers, but only to the extent required to obtain, copy, examine, and analyze any contract, record, account, document, income tax return, report, or paper directly or indirectly relating to a written or unwritten contract or arrangement between a utility or pipeline carrier and its affiliated interests.

(f) Each jurisdictional utility or pipeline carrier which does not keep, in one or more offices located in Alaska, all of its books, accounts, records, and papers relating to its utility or pipeline operations in Alaska shall make application to the commission for an order authorizing it to keep all or part of them elsewhere. That application must

(1) with reasonable particularity, list and describe the records of its Alaskan utility or pipeline operations that are kept at each specifically described location in Alaska;

(2) with reasonable particularity, list and describe the records of its Alaskan utility or pipeline operations that are kept at each specifically described location in places other than within Alaska;

(3) specifically request permission to continue keeping either all or part of the records described in (2) of this subsection at the places where they are located, or at other specifically described places, outside Alaska; and

(4) set out, in complete detail, the grounds for a request made under (3) of this subsection;

(5) repealed 6/29/84.

(g) The commission will docket each application submitted under (f) of this section, notice it to the public, at the discretion of the commission hold a hearing on it, and enter an appropriate order based upon the facts of record.

(h) If a utility or pipeline carrier has a contract or arrangement with an affiliated interest which keeps accounts, records, or other supporting information pertaining to those documents outside of Alaska, the utility or pipeline carrier shall notify the commission of the identity, content, and location of the documents. If a change occurs in the identity, content, or location of the documents, the utility or pipeline carrier shall notify the commission within 30 days after the date of the change.

(i) If the commission authorizes, or requires, a utility or pipeline carrier to keep any of its accounts, records, and supporting information outside the State of Alaska, the utility or pipeline carrier may not deviate from the terms of the commission's order

(1) with respect to the places where its records and accounts are kept without first notifying the commission as to the change; or

(2) with respect to the kinds of accounts and records that are kept at each location without first applying for, and obtaining, authority to do so.

(j) If a utility or pipeline carrier or its affiliated interest elects to pay the expenses of sending commission personnel to any out-of-state place where its records are kept, the utility or pipeline carrier shall provide transportation and, within 30 days after billing, reimburse the commission for the expenses incurred by the commission in sending personnel to examine the utility's or pipeline carrier's or its affiliated interest's books and records at the place where they are kept. The expenses subject to reimbursement will be documented and will fully comply with applicable state regulations. The chairman of the commission will approve the expenses before submitting the bill to the utility or pipeline carrier for payment.

(k) - (n) Repealed 6/29/84.

(o) The public advocacy section must be provided the same access as the commission and the commission's advisory staff as provided in (b) of this section, if the

(1) chair of the commission, acting under AS 42.04.070 (c), directs the public advocacy section to participate as a party in the investigation of a utility or pipeline carrier; or

(2) commission directs that access be provided.

History: Eff. 1/13/73, Register 44; am 6/29/84, Register 90; 7/12/92, Register 123; am 3/21/03, Register 165

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.491

AS 42.05.501

AS 42.06.140

AS 42.06.430

AS 42.06.440