Regulatory Commission of Alaska

Public Comment for R-24-002 by Joel D. Groves for the Railbelt Reliability Council

Public Comment for R-24-002 by Joel D. Groves for the Railbelt Reliability Council

Commissioners:
I appreciate the Commission’s consideration of appropriate and effective public notice practices, and pursuit of regulatory reform in support of that goal.  

As the board chair of the Railbelt Reliability Council (RRC), earlier this year I engaged with both Commission staff and staff at the Lieutenant Governor’s Office to (1) establish the RRC’s access to the Alaska Online Public Notice System (AOPNS) and (2) ensure there was clear understanding around the RRC’s appropriate and authorized use of the APONS, consistent with Electric Reliability Organization (ERO) regulations at 3 AAC 46.  

3 AAC 46.370 has been raised in R-24-002 as a potential example that other commission regulations might emulate to increase use of the APONS for Commission-related matters.  

Use of the APONS is managed by the Lieutenant Governor’s Office in accordance with AS 44.62.175, which states in relevant part:

AS 44.62.175. Alaska Online Public Notice System.
(a)	The lieutenant governor shall develop and supervise the Alaska Online Public Notice System, to be maintained on the state's site on the Internet. The lieutenant governor shall prescribe the form of notices posted on the system by state agencies. The Alaska Online Public Notice System must include

(1) notices of proposed actions given under AS 44.62.190 (a);
(2) notices of state agency meetings required under AS 44.62.310 (e), even if the meeting has been held;
(3) notices of solicitations to bid issued under AS 36.30.130 ;
(4) notices of state agency requests for proposals issued under AS 18.55.255, 18.55.320; AS 36.30.210 ; AS 37.05.316 ; AS 38.05.120 ; and AS 43.40.010;
(5) executive orders and administrative orders issued by the governor;
(6) written delegations of authority made by the governor or the head of a principal department under AS 44.17.010 ;
(7) the text or a summary of the text of a regulation or order of repeal of a regulation for which notice is given under AS 44.62.190 (a), including an emergency regulation or repeal regardless of whether it has taken effect;
(8) notices required by AS 44.62.245 (b) regarding an amended version of a document or other material incorporated by reference in a regulation;
(9) a summary of the text of recently issued formal opinions and memoranda of advice of the attorney general;
(10) a list of vacancies on boards, commissions, and other bodies whose members are appointed by the governor; and
(11) in accordance with AS 39.52.240 (h), advisory opinions of the attorney general.

An ERO’s authority to access the AOPNS falls under AS 44.62.175(a)(8), and arises from:

1.	Regulations at 3 AAC 46.370(3) providing that the Commission may direct an ERO to post notices to the AOPNS and 

2.	Regulations at 3 AAC 46.470(d)(6)(A)(iii) authorizing an ERO to publish public notice of a Rule revision on the AOPNS prior to filing the revised Rule with the Commission.

The RRC does not have discretion to use the AOPNS outside of uses authorized above.

It appears the regulatory language proposed in Chugach Electric Association, Inc.’s November 6th comments as 3 AAC 48.280(4) is consistent with the ERO’s enabling regulation at 3 AAC 46.370(3), and would reserve the Commission’s discretion to direct use of the AOPNS to an as-needed / as-directed basis.  I support this change.  From an administrative perspective, I expect Commission staff might need to facilitate such AOPNS postings, as the alternative would be myriad utilities obtaining AOPNS user accounts. 

Additionally, the Commission and participants in this docket might consider whether or not there are circumstances where AOPNS access as authorized for an ERO at 3 AAC 46.470 would be appropriate for utilities under the Commission’s regulation.  

These comments are made solely as an individual, and do not represent the position of the RRC.

Thank you for the opportunity to comment.

Regards,

Joel D. Groves

Type

Comments

Date Filed

11/6/2024

Tracking Number

TR2404974

Filed By

Joel D. Groves

Entities

Certificate(s)

Means Received

Internet

Related Matters

R-24-002	Regulations - Amendment to Public Notice Requirements

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