Section 42.05.990 - DefinitionsIn this chapter,
(1) "affiliated interest" includes(A) a person owning or holding directly or indirectly five percent or more of the voting securities of a public utility engaged in intrastate business in this state;(B) a person, other than those specified in (A) of this paragraph, in a chain of successive ownership of five percent or more of voting securities, the chain beginning with the holder of the voting securities of such public utility;(C) a corporation five percent or more of whose voting securities are owned by a person owning five percent or more of the voting securities of the public utility or by a person in such a chain of successive ownership of five percent or more of the voting securities;(D) a corporation five percent or more of whose voting securities are owned or held by a public utility;(E) a person with whom the public utility has a management or service contract;(F) a person who is an officer or director of such a public utility or of a corporation in a chain of successive ownership of five percent or more of voting securities;(G) a corporation which has one or more officers or directors in common with a public utility;(H) a person or corporation who or which the commission determines as a matter of fact, after investigation and hearing, actually is exercising such substantial influence over the policies and actions of a utility in conjunction with one or more other corporations or persons with whom they are related by ownership or blood, or by action in concert, that together they are affiliated with the utility within the meaning of this section even though none of them alone is so affiliated; or(I) a person or corporation who or which the commission determines as a matter of fact after investigation and hearing actually is exercising substantial influence over the policies and actions of a utility even though such influence is not based upon stockholdings, stockholders, officers or directors to the extent specified in this section;(2) "commission" means the Regulatory Commission of Alaska;(3) "liquefied natural gas storage facility" means a facility that receives natural gas volumes in a liquid or gaseous state from customers, holds the gas volumes in a liquid state in a reservoir, and delivers the gas volumes in a liquid or gaseous state to the customer; in this paragraph, "facility" includes (A) all parts of the facility from the point at which the natural gas volumes are received by the facility from the customer to the point at which the natural gas volumes are delivered by the facility to the customer;(B) a facility consisting of a reservoir, either underground or aboveground, and one or more of the following components of the facility: (ii) compressor stations;(iv) liquefaction plant or facility;(v) gasification plant or facility;(vi) on-site or remote monitoring, supervision, and control facilities;(vii) gas processing plants and gas treatment plants, but not including a manufacturing plant or facility;(viii) other equipment necessary to receive, place into the reservoir, monitor, remove from the reservoir, process, and deliver natural gas;(4) "natural gas storage facility" means a facility that receives natural gas volumes from customers, holds the gas volumes in a reservoir, and delivers the gas volumes to the customer; in this paragraph, "facility" includes(A) all parts of the facility from the point at which the natural gas volumes are received by the facility from the customer to the point at which the natural gas volumes are delivered by the facility to the customer;(B) a facility consisting of a reservoir, either underground or aboveground, and one or more of the following components of the facility:(ii) compressor stations;(iv) injection and extraction wells;(v) on-site or remote monitoring, supervision, and control facilities;(vi) gas processing plants and gas treatment plants, but not including a liquefied natural gas or manufacturing plant or facility;(vii) other equipment necessary to receive, place into the reservoir, monitor, remove from the reservoir, process, and deliver natural gas;(5) "public" or "general public" means (A) a group of 10 or more customers that purchase the service or commodity furnished by a public utility;(B) one or more customers that purchase electrical service for use within an area that is certificated to and presently or formerly served by an electric utility if the total annual compensation that the electrical utility receives for sales of electricity exceeds $50,000; and(C) a utility purchasing the product or service or paying for the transmission of electric energy, natural or manufactured gas, or petroleum products that are re-sold to a person or group included in (A) or (B) of this paragraph or that are used to produce the service or commodity sold to the public by the utility;(6) "public utility" or "utility" includes every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant, pipeline, or system for (A) furnishing, by generation, transmission, or distribution, electrical service to the public for compensation;(B) furnishing telecommunications service to the public for compensation;(C) furnishing water, steam, or sewer service to the public for compensation;(D) furnishing by transmission or distribution of natural or manufactured gas to the public for compensation;(E) furnishing for distribution or by distribution petroleum or petroleum products to the public for compensation when the consumer has no alternative in the choice of supplier of a comparable product and service at an equal or lesser price;(F) furnishing collection and disposal service of garbage, refuse, trash, or other waste material to the public for compensation;(G) furnishing the service of natural gas storage to the public for compensation;(H) furnishing the service of liquefied natural gas storage to the public for compensation;(7) "rate" includes each rate, toll, fare, rental, charge, or other form of compensation demanded, observed, charged, or collected by a public utility for its services;(8) "reservoir" means a receptacle or chamber, either natural or man-made, holding a gas or liquid, and includes a tank or a depleted or nearly depleted pool;(9) "service" means, unless the context indicates otherwise, every commodity, product, use, facility, convenience, or other form of service that is offered for and provided by a public utility for the convenience and necessity of the public;(10) "service of liquefied natural gas storage" means the operation of a liquefied natural gas storage facility; "service of liquefied natural gas storage" does not include the storage of liquefied natural gas (A) owned by or contractually obligated to the owner, operator, or manager of the liquefied natural gas storage facility;(B) that is incidental to the production or sale of natural gas to one or more third-party customers; or(C) for which the price of storage is not separately itemized;(11) "service of natural gas storage" means the operation of a natural gas storage facility primarily or exclusively for the benefit of third-party customers, and not for the benefit of the owner, operator, or manager of the natural gas storage facility; "service of natural gas storage" does not include the storage of natural gas (A) owned by or contractually obligated to the owner, operator, or manager of the natural gas storage facility;(B) that is incidental to the production or sale of natural gas to one or more third-party customers; or(C) for which the price of storage is not separately itemized;(12) "tariff" means a rate, charge, toll, rule, or regulation of a utility relating to services furnished by the utility to the general public for compensation and every map, page, adoption notice, instrument, or other document filed with the commission setting out the terms and conditions under which utility services are offered to the public and instruments of concurrence and all other documents and data setting out the terms of a utility's business relations with another utility insofar as they affect the general public either directly or indirectly;(13) "telecommunications" means the transmission and reception of messages, impressions, pictures, and signals by means of electricity, electromagnetic waves, and any other kind of energy, force variations, or impulses whether conveyed by cable, wire, radiated through space, or transmitted through other media within a specified area or between designated points.Amended by SLA 2012, ch. 51,§§sec.4, sec.5 eff. 5/31/2012.