20 AAC 25.615. Commission's determination of regulatory cost charges

(a) After the later of the beginning of a fiscal year or the date of enactment of an appropriation for the operating costs of the commission for that fiscal year, the commission will provide to persons subject to a regulatory cost charge under AS 31.05.093 written notice of the proposed regulatory cost charges to be imposed on persons subject to regulatory cost charges for that fiscal year and the basis for the charges, in accordance with 20 AAC 25.605.

(b) Within 30 days after notice is issued under (a) of this section, a person subject to a regulatory cost charge may submit comments on, or request a revision to, the regulatory cost charges proposed by the commission. A request for a revision must be accompanied by an explanation of the basis for the requested revision. Before a hearing is held under (c) of this section, the commission will provide all persons subject to a regulatory cost charge with copies of comments and requests for revision received by the commission or with notice of the persons' right to inspect those comments and requests for revision.

(c) Within 60 days after notice is issued under (a) of this section, the commission will hold a public hearing in accordance with 20 AAC 25.540 on the proposed regulatory cost charges.

(d) Within 90 days after notice is issued under (a) of this section, the commission will issue an order determining the regulatory cost charges to be paid and the dates by which the charges must be paid. The commission will provide written notice to each person subject to a regulatory cost charge of the person's regulatory cost charge and payment dates.

(e) The commission will not determine or adjust previously determined regulatory cost charges based on fluid volume reports that are filed or amended, or on other fluid volume corrections that are made, after the deadline under (b) of this section for responding to the commission's notice of proposed regulatory cost charges, except if the commission finds that

(1) a person has grossly under-reported the person's V OP , as defined in 20 AAC 25.605(a) ;

(2) under-reporting as described in (1) of this subsection has caused or will cause others' regulatory cost charges to be materially excessive; and

(3) correcting the excessive regulatory cost charges is in the public interest.

History: Eff. 6/4/2000, Register 154

Authority: AS 31.05.030

AS 31.05.040

AS 31.05.093

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