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Title 3 . Commerce, Community, and Economic Development
Chapter 52 . Telecommunications
Section 720. Provisional certification

3 AAC 52.720. Provisional certification

(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

AS 42.05.151

AS 42.05.221

AS 42.05.241

AS 42.05.711

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Last modified 7/05/2006