3 Alaska Admin. Code § 48.625

Current through October 17, 2024
Section 3 AAC 48.625 - Pipeline carrier application
(a) In addition to any other information or requirement specified by 3 AAC 48.600 - 3 AAC 48.660, a person requesting a right, power, privilege, or authority provided for in AS 42.06 shall file an application with the commission. An application must be in writing, and verified under oath by the applicant. Except as provided in (b) of this section, must contain:
(1) the names of applicants, business mailing addresses, electronic mail addresses, and contact telephone numbers;
(2) the name and address of the operator of the pipeline, if different from the applicants;
(3) a clear and concise statement of what right, power, privilege, or authority is being requested;
(4) the statutory or regulatory citation authorizing the right, power, privilege, or authority requested;
(5) a detailed description of the proposed service to be offered or discontinued, and the pipeline or facility to be constructed, operated, extended, expanded, interconnected, acquired or abandoned or otherwise modified, including
(A) a United States Geological Survey topographic map or other map of similar quality showing the pipeline route, exact location of the pipeline facilities, and receipt and delivery points;
(B) a description of the length and diameter of the pipeline;
(C) a statement of the pipeline's capacity and projected life; and
(D) copies of all pipeline right-of-way agreements or, if right-of-way agreements are not finalized, copies of the most current right-of-way applications;
(6) for new construction, the estimated system cost, annual operating expenses, description of financing arrangements, and projected rates;
(7) for new construction, transfers of certificates of public convenience and necessity, or transfers of controlling interest,
(A) a description of the ability and willingness of one or more applicants to provide the proposed services;
(B) for existing businesses, the applicants' most recent audited financial statements for the two most recent fiscal years preceding the date of the application;
(C) for new businesses, the audited financial statements for the two most recent fiscal years preceding the date of the application, of the entities that hold ownership interests; or
(D) if the audited financial statements required in (B) or (C) of this paragraph are unavailable, a request that the requirements of (B) or (C) of this paragraph be waived; a request for a waiver under this subparagraph must include
(i) a certification that independent audits are not performed;
(ii) financial statements consisting of, at a minimum, comparative balance sheets, income, and cash flow statements for the two most recent fiscal years preceding the date of the application, verified and certified for accuracy; and
(iii) a description of how the public convenience and necessity requires the service;
(8) the names, addresses, and percentage ownership of owners holding five percent or more;
(9) the names and addresses of the applicants' affiliated interests;
(10) the location in this state where the applicants' books, accounts, papers, and records will be held as required by AS 42.06.430(5);
(11) the names, titles, resumes, and responsibilities of key management employed or to be employed by the applicants;
(12) if a substantial change or modification is contemplated in a pipeline or facility, a detailed description and analysis of the projected change in facilities, service, and transportation rates;
(13) the names of persons that may be affected if the application is granted; and
(14) a statement from a company official authorizing the commission to notice the application.
(b) If information satisfying the requirements of (a)(5) - (12) of this section is filed with a previous application submitted under this section, the applicant may reference that information and need not restate the information.
(c) The commission will provide notice of the application by hand, by United States mail or a similar delivery service, or by electronic mail to each person who
(1) has filed a request for notice of applications; or
(2) the commission believes is interested in the proposed application.
(d) The commission will rule on an application filed under this section in accordance with the timelines set out in 3 AAC 48.661, including extensions of those timelines for good cause. The commission will set out findings on good cause in an order extending the deadline.

3 AAC 48.625

Eff. 6/29/84, Register 90; am 5/5/2000, Register 154; am 4/24/2009, Register 190; am 2/16/2012, Register 201

Authority:AS 42.04.080

AS 42.06.055

AS 42.06.140

AS 42.06.240

AS 42.06.250

AS 42.06.290

AS 42.06.300

AS 42.06.305

AS 42.06.340