The Alaska Public Service Commission (APSC) existed
from 1960 until 1970. In 1970, the Alaska Legislature
established the Alaska Public Utilities Commission (APUC)
to replace the APSC. The Alaska Pipeline Commission
(APC) was established in 1972, but the first
Commissioners were not appointed until 1974. The APC
regulated intrastate pipelines until 1981, at which time
the APC was merged into the APUC.
The Alaska Legislature replaced the APUC with the
Regulatory Commission of Alaska (RCA) in 1999, giving it
broad authority to regulate utilities and pipeline carriers
throughout the State. The RCA monitors active
certificates for public utilities and pipelines; these
certificates cover a broad range of activities, from
provisional certificates for small village water and
wastewater systems to fully regulated
telecommunications, electric, and natural gas monopolies.
All available significant decisions of the RCA and its
predecessor agencies dating from 1964 are on this site.
AUTHORITY
Alaska Statutes 42.04
- 42.06
and other statutes authorize the RCA to regulate
public utilities by certifying qualified providers of public
utility and pipeline services and to ensure that they
provide safe and adequate services and facilities at just
and reasonable rates, terms, and conditions. This keeps
rates as low as possible while allowing the regulated
entities an opportunity (but not a guarantee) to earn a
fair return. The RCA also determines the per kilowatt-hour support for eligible customers of electric utilities
under the Power Cost Equalization program (AS 42.45).
STRUCTURE
Five full-time Commissioners
are
appointed by the Governor and confirmed by the
Legislature for six-year terms. Each year, the RCA elects
a Chairman for a one-year term. Upon election, the
Chairman assumes responsibility for administrative
functions of the RCA, becomes the policy spokesperson,
assigns dockets, and coordinates public meeting
activities, in addition to shouldering regular commissioner
docket work. The Chairman is ultimately responsible for
the timeliness of the RCA’s adjudication process, meeting
statutory timelines, and serving as the RCA’s liaison to
the Legislative and the Executive branches of state
government.
The RCA’s staff includes
Administrative Law
Judges, engineers, financial analysts, telecommunications
specialists, tariff analysts, consumer protection officers,
paralegals, administrative and support staff.
PROCESS
As a regulatory decision making body, the RCA exercises
a delegated legislative power. Each regulatory decision is
reached quasi-judicially - that is to say, the decision must
be based on evidence of record gathered in docketed
proceedings. All dockets are closely scheduled, but the
due process rights of parties, carefully observed by the
RCA, mainly govern their timing. In the course of a
hearing, parties participating may include the subject
public utility and Regulatory
Affairs Public
Advocacy section of the Attorney General’s Office.
In cases where millions of dollars may be at stake, or
important issues of regulatory policy arise, a number of
intervenors, representing interests as diverse as low-income customers and large industrial customers, may
also participate. They too may employ expert witnesses
and attorneys. Intervenors often seek involvement
because regulatory decisions distribute outcomes as gains
or losses to particular parties. Cases raise issues of law,
economics, accounting, finance and engineering that can
establish legal precedent for future cases.
Parties present sworn testimony and evidence of expert
witnesses on matters at issue. Witnesses may be cross-examined by the attorneys representing each party.
Reaching decisions, which consider the often competing
interests of concerned parties, in pursuit of outcomes
which protect and promote the overall public interest, is
one way to view the RCA’s role. Each decision, which can
be appealed to state or federal court, must be supported
by the evidentiary record and applicable laws and
regulations.
WHEN DO WE NEED THE REGULATORY
COMMISSION OF ALASKA?
In most cases, when utilities request changes in either
their rates or types of services they provide, the RCA
provides notice to the public and
allows
thirty days for comments. The RCA then acts to
approve or disapprove the utility’s proposal. Public notices
appear as advertisements in the local newspaper or are
otherwise distributed or published as our statutes or
regulations require. Some notices are also provided
directly by the utilities in the form of flyers mailed with
utility bills.
WHOM DOES THE REGULATORY COMMISSION OF
ALASKA REGULATE?
Most entities providing telecommunications, electric,
natural gas, water, sewer, garbage, or steam services to
ten or more customers are required to have a certificate
to operate. A public utility or pipeline carrier must obtain
a certificate of public convenience and necessity, which
describes the authorized service area and scope of
operations of the utility. A certificate may be issued when
the RCA finds the applicant to be fit, willing, and able to
provide the service.
The RCA regulates the rates, services, and practices of
utilities that meet the criteria for a certificate of public
convenience and necessity to provide service to the public
for compensation. However, there are utilities that are
not economically regulated; these include local,
government-owned utilities, very small utilities, cable
television providers, cellular phone service, and
cooperatives whose members have voted to become
deregulated. The RCA also regulates oil and gas pipeline
carriers that operate within Alaska.
Last Updated: 5/9/2018 gs
Date Issued: 5/9/2018