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Title 3 . Commerce, Community, and Economic Development
Chapter 52 . Telecommunications
Section 722. Application for provisional certification

3 AAC 52.722. Application for provisional certification

(a) A utility that is eligible under 3 AAC 52.720 to apply for provisional certification must provide the following information on a form prescribed by the commission:

(1) the utility's legal name and the name under which it proposes to do business;

(2) the address of the utility's principal national place of business, and, if different, its place of business in this state;

(3) the name, title, and telephone number of the individual who is available to provide the commission with information about the application;

(4) the applicant's type of business structure, including

(A) proof of incorporation, registration, or certification, if applicable and

(B) the name and address of the applicant's registered agent, if applicable;

(5) for entities qualified for provisional certification under 3 AAC 52.720(b) (2), an affidavit stating

(A) annual gross revenue for the most recent fiscal year; or

(B) projected revenues for the first full fiscal year if the utility is a new water or wastewater utility that has not begun providing service or that has not completed a full fiscal year of service;

(6) a written description and a map of the utility's proposed service area;

(7) a copy of the bylaws for any community association or cooperative;

(8) the classes of service and the number of service connections the utility is serving in each class, along with information detailing any planned expansions;

(9) a tariff meeting the requirements of 3 AAC 52.730 - 3 AAC 52.740;

(10) an informational filing detailing the rates the utility will charge for the classes of service available and the amount and source of revenues that are not derived from customer charges;

(11) a verification signed by the person authorized to sign on behalf of the applicant that all of the information provided in the application is true, accurate, and complete;

(12) an application fee of $300.

(b) A previously certificated water or wastewater utility that is eligible for provisional certification under this section and that does not have a proceeding pending before the commission may return the utility's certificate parchment to the commission and apply for provisional certification as provided in (a) of this section. The utility is not required to re-submit previously filed information unless the information is not currently correct.

(c) The commission will determine if an application for provisional certification is complete within 15 business days after it is filed with the commission. An incomplete application will be handled as provided in 3 AAC 48.650. A provisional certificate will be issued within 90 days after the receipt of a complete application.

(d) Applicants for a provisional certificate of public convenience and necessity are exempt from the public notice provisions of 3 AAC 48.645.

(e) For good cause, the commission may revoke a provisional certificate, suspend the utility's operating authority, require additional information, or take other appropriate action to protect the public. If the commission issues an order under this section, the order will be stayed if the utility requests a hearing within 10 days after the date of the order

History: Eff. 6/19/2004, Register 170

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.254

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Last modified 7/05/2006