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(a) A provisionally certificated utility is exempt from economic regulation within the meaning of 3 AAC 48.820 except provided in AS 42.05.385 and 3 AAC 52.726.
(b) A water or wastewater utility is eligible for a provisional certificate of public convenience and necessity if the utility owns water treatment and distribution or wastewater treatment and collection facilities and is
(1) a community association, cooperative, political subdivision, or government that has fair and equitable customer representation; for purposes of this paragraph, a utility has fair and equitable customer representation if each individual who is a utility customer has the opportunity to
(A) vote at a local election for members of a board, council, assembly, or body that controls the utility; or
(B) attend meetings and vote directly on matters affecting local utilities; or
(2) any other form of business structure that has an annual gross revenue less than $50,000.
(c) Water and wastewater utilities that are financially and managerially consolidated and operating under one tariff or ordinance may file a single application providing the information required in 3 AAC 52.722, and may file jointly to comply with the ongoing requirements in 3 AAC 52.724, including application fees.
History: Eff. 6/19/2004, Register 170
Authority: AS 42.05.141
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Last modified 7/05/2006