11 AAC 80.035. Administrative determination for temporary or emergency service or temporary or emergency abandonment, reduction or impairment of service

(a) The commissioner of natural resources, or his authorized representative, will disapprove a request for authorization for temporary or emergency rendering of service or a request for the temporary or emergency abandonment, reduction or impairment of service under AS 38.35.040 only after determining that

(1) the disapproval will promote state interests and goals and will have no adverse effect upon the interstate character of commercial activities which outweighs the public benefit; and

(2) the disapproval will not illegally interfere with an area of regulation pre-empted by federal statute or regulation.

(b) The commissioner of natural resources, or his authorized representative, will exercise the authority conferred upon him by AS 38.35.040 to require temporary or emergency rendering of service or temporary or emergency abandonment, reduction or impairment of service only after determining that

(1) the requirements will promote state interests and goals and will have no adverse effect upon the interstate character of commercial activities which outweighs the public benefit; and

(2) the requirement will not illegally interfere with an area of regulation pre-empted by federal statute or regulation.

(c) In making determinations required in subsections (a) and (b) of this section, the commissioner of natural resources or his authorized representative will investigate and consider all relevant facts and will make written findings which specify

(1) the state interests to be advanced by disapproving the request or by imposing the requirement and the degree to which the state interests will be advanced;

(2) the nature and degree of any adverse effect created on interstate commerce by disapproving the request or by imposing the requirement; and

(3) the nature and degree of the effect of disapproving the request or of imposing the requirement upon areas of federal regulation.

History: Eff. 3/3/74, Register 49

Authority: AS 38.05.020 (c)

AS 38.35.020 (c)

AS 38.35.210

AS 38.35.230 (10)

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