3 AAC 48.390. Provisions of special contract

(a) Each special contract filed with the commission under AS 42.05.361 (a) and 3 AAC 48.200 - 3 AAC 48.430 must contain a provision indicating the understanding of the parties that the contract

(1) does not take effect without the prior approval of the commission; and

(2) is, at all times, subject to revisions by the commission.

(b) The parties to every special contract shall be given notice and an opportunity to be heard as a condition precedent to revising a special contract.

(c) A special contract shall not be used as a device or method to give the vendee an unreasonable preference or advantage or subject the vendee to an unreasonable prejudice or disadvantage as determined by analyzing the provisions of the contract in relation to the terms and conditions under which the utility offers a comparable service under comparable conditions to the general public.

(d) The commission will, in its discretion, authorize a utility to offer untariffed services or equipment to customers by special contract under the following conditions:

(1) the utility has filed a tariff for the service or equipment in the form and accompanied by the supporting information required by 3 AAC 48.200 - 3 AAC 48.430;

(2) the commission has suspended the operation of the tariff pending final approval;

(3) the commission has specified the rate or rates to be charged the customer in the special contract;

(4) the rate or rates specified will be retroactively reviewable and revisable, upward or downward, from the effective date of the special contract, and the customer's liability will be to pay the rate or rates finally approved for the tariff filing plus or minus accrued interest if the rates finally approved are different from the rate initially approved for use in the special contract; and

(5) the special contract expressly advises the customer of his potential retroactive liability for increased rates, plus accrued interest.

(e) Upon the commission's final approval of the tariff filed under (d)(1) of this section, including any adjustment of the rate authorized for use in the special contract, the special contract lapses and service must continue under the terms and conditions set out in the utility's tariff.

History: Eff. 11/16/73, Register 48; am 1/19/80, Register 73; am 6/29/84, Register 90

Authority: AS 42.05.141

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