According to Alaska Statute (AS) 42.05.221, a public utility may not operate and receive compensation for providing service to its customers without having a Certificate from the RCA. To make the regulatory process easier for small water and sewer utilities, the RCA has exempted some classes for water and sewer utilities from regulation and has created a new class of regulation (called Provisional Certification) for small water and sewer utilities. The Provisional Certificate of Public Convenience and Necessity (Provisional Certificate) has a streamlined application process and quick RCA review.


BENEFITS OF REGULATION
Regulation of the RCA provides tangible benefits to both the utility and its customers. Some of these benefits include
  • RCA is available to help resolve disputes or complaints with customers that can not be resolved by the utility;
  • RCA provides assistance in developing a comprehensive utility tariff / ordinance that governs the rules and rates under which the utility provides service to its customers; and
  • RCA can coordinate assistance to the utility from other state and federal agencies, as well as trade organizations, during a time of utility duress or failure.


NEXT STEPS
Step 1: Identify where your utility fits into RCA regulation.
The following chart will help explain where your utility fits into RCA Regulation (3 AAC 52.700).
Eligible for Exemption from Regulation
Eligible for Provisional Certification
Eligible for Traditional Certification
Entities that only operate as water or sewage haulers
All utilities owned and operated by cities, boroughs, villages, co- operatives, and homeowner associations
Any utility eligible for exemption or provisional certification that seeks a higher level of regulation
Systems that only serve mobile home communities
All privately owned and operated utilities with gross annual revenues less than $50,000
All privately owned and operated utilities with gross annual revenues greater than $50,000 who have not petitioned for nor been granted provisional certification
Systems with fewer than 15 connections
Any utility with gross annual revenues greater than $50,000 but less than $150,000 who petitions to be provisionally certificated and has the petition granted by the commission
 
A water or sewer that receives bulk service from a certificated utility
Any utility eligible for exemption that seeks a higher level of regulation
 

If you are unsure where your utility fits into RCA regulation, you can complete the Pre-Application for Utility Certification Determination (available in the Forms Library). RCA will review your response and notify you whether your utility is exempt or is eligible for Provisional or traditional Certification.

Step 2: Submit the appropriate application.
If you are eligible for Provisional Certification: Submit an Application for a Provisional Certificate of Public Convenience and Necessity.

If you are eligible for Traditional Certification: Submit an Application for a Certificate of Public Necessity and Convenience.

If you are eligible for exemption from regulation: You do not need to file with the Commission. However, you may choose to request provisional certification by submitting an Application for a Provisional Certificate of Public Convenience and Necessity. If you are granted a provisional certificate, you will be subject to all applicable regulations.

Forms are available in the Forms Library; model tariffs and ordinances are also available.

Step 3: After being granted a certificate or provisional certificate, comply with all applicable regulations.
Refer to RCA Regulations & Statutes for complete requirements. The following requirements are some of those that apply to provisionally certificated utilities.

- Complete the Annual Update form each year.

- Submit changes to your tariff or ordinances within 30 days of the change.

- If you want to change your service area, submit a new Application for Provisional Certification.


Last Updated: 5/30/2008





Date Issued: 9/1/2007