Section 3 AAC 46.140 - Appeal of penalties(a) An entity subject to a penalty imposed by the electric reliability organization may appeal the penalty amount or imposition to the commission not later than 10 business days after receiving notice of the penalty.(b) An appeal under this section is initiated by serving and filing a notice of appeal consistent with the requirements of 3 AAC 48.090. The notice of appeal must be served on the electric reliability organization and explain the basis for appealing the assessment or the amount of the penalty, and may be supplemented by the appellant, electric reliability organization, or commission with information excluded from the record of the proceedings submitted by the electric reliability organization.(c) The scope of an appeal of a penalty is limited to review and consideration of the evidence and argument presented to determine whether a violation of a reliability standard occurred and, if so, whether the penalty imposed is appropriate.(d) The commission may, after notice and an opportunity to be heard, stay a penalty.(e) The commission will issue a remand of the penalty by written order informing the electric reliability organization of (1) the deficiencies of the penalty assessment process or amount; and(2) expectations regarding the remanded penalty assessment process and relevant considerations regarding the penalty amount, Eff. 3/11/2022, Register 241, April 2022 Authority:AS 42.05.141
AS 42.05.151
AS 42.05.762
AS 42.05.770
AS 42.05.775