Title 3 . Commerce, Community, and Economic Development

Chapter 52 . Telecommunications

Section 680. Effect on power cost equalization for noncompliance

3 AAC 52.680. Effect on power cost equalization for noncompliance

(a) If a participating electric utility fails to comply with any of the requirements of AS 42.45.100 - 42.45.190 or 3 AAC 52.600 - 3 AAC 52.670, the power cost equalization (PCE) of that utility becomes interim and refundable effective as of the initial date of the noncompliance.

(b) If a nonregulated participating electric utility fails to notify the commission at least 30 days before a change in its rates, the PCE becomes interim and refundable effective on the same day the utility implements the rate change

(c) If a participating electric utility fails to file its annual report when due, the PCE becomes interim and refundable on the date the annual report was due, and the commission may recommend that further PCE disbursements to the utility be suspended until the annual report is filed and the commission establishes permanent PCE rates.

(d) The PCE rate designated as interim and refundable under this section is subject to modification when a permanent PCE rate is approved by order of the commission. The modification will be made as follows:

(1) if the permanent PCE rate is less than the interim and refundable PCE rate, the effective date for the permanent PCE rate is the date that the interim and refundable PCE rate was established by the commission; the difference between the two rates will be recovered by the Alaska Energy Authority under the provisions of 3 AAC 107.210(d) ;

(2) if the permanent PCE rate is greater than the interim and refundable PCE rate, the effective date for the permanent PCE rate is the date that the permanent PCE rate is established by the commission; the lower interim and refundable PCE rate will be made permanent for the period from the date that the interim and refundable PCE rate was established to the date that the higher permanent PCE rate is effective.

(e) If a participating electric utility fails to file its periodic fuel or purchased power cost report when due, the PCE becomes interim and refundable on the date the report was due, and the commission may recommend that further PCE disbursements to the utility be suspended until the utility files its periodic fuel or purchased power cost report and the commission establishes permanent PCE rates.

History: Eff. 10/28/89, Register 112; am 5/18/96, Register 138; am 9/11/2004, Register 171

Authority: AS 42.05.141

AS 42.05.151

AS 42.45.110

AS 42.45.130

AS 42.45.160

AS 42.45.170

Editor's note: As of Register 151 (October 1999), the regulations attorney under AS 44.62.125 (b)(6) made technical conforming amendments to 3 AAC 52.680(d) (1) to implement ch. 58, SLA 1999.