Section 3 AAC 52.720 - Provisional certification: purpose and eligibility(a) A provisional certificate is granted to a class of utility that is currently providing or will provide water or wastewater utility service required for the public convenience and necessity but that might not meet standards of financial fitness the commission otherwise applies in granting a certificate under AS 42.05.241. Through the provisional certification program, the commission collects and publishes, but does not verify, information reported by provisionally certificated utilities and applicants. A provisionally certificated utility is exempt from economic regulation within the meaning of 3 AAC 48.820 except as provided in AS 42.05.385 and 3 AAC 52.726. The commission does not inspect a provisionally certificated utility or certify its compliance with any health or safety requirements of state or federal law.(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;(2) any other form of business structure that has an annual gross revenue less than $50,000;(3) any other form of business structure that has annual gross revenue greater than $50,000 but less than $150,000 if the utility petitions to be provisionally certificated, and the commission, after investigation and a hearing to solicit comments from consumers and other members of the public, grants the petition; the commission may, upon petition or its own motion, and after a hearing, require a utility provisionally certificated under this paragraph to return to economically regulated status; or(4) an exempt utility that voluntarily seeks provisional certification under 3 AAC 52.700(c).(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.Eff. 6/19/2004, Register 170; am 6/3/2007, Register 182Authority:AS 42.05.141
AS 42.05.151
AS 42.05.221
AS 42.05.241
AS 42.05.691
AS 42.05.711