Section 15.90.200. Qualification for tax exemption.

	(a)  To qualify under AS 43.90.300 for a tax exemption under AS 43.90.320, a person must  
		(1) for firm transportation capacity on the Alaska mainline,  
			(A) enter into a pre-subscription agreement with the licensee before the commencement of the first binding open season of the project;  
			(B) submit a bid before the close of the first binding open season of the project; however, the person may submit a bid tendered after the close of the first binding open season, but no later than 180 days after expiration of the first binding open season of the project, if  
				(i) the licensee accepts the bid under 18 C.F.R. 157.34(d)(2); and  
				(ii) the person makes, to the satisfaction of the commissioners, a good-faith showing of the circumstances that prevented the person from submitting a timely bid, and if the commissioners, on the basis of that showing, approve the tender of the bid; or  
			(C) be the holder of an inducement voucher issued to a person that qualifies under (A) or (B) of this paragraph;  
		(2) execute, no later than 180 days after the close of the first binding open season of the project, a precedent agreement for firm transportation capacity on the Alaska mainline arising out of an action taken to qualify under (1) of this subsection, or must be the holder of an inducement voucher issued by the commissioners to a person that executed a precedent agreement as required under this paragraph;  
		(3) obtain rights under a transportation services agreement  
			(A) as a party that executes, no later than five years after the close of the first binding open season of the project or two years after the effective date of the certificate of public convenience and necessity issued for the Alaska mainline, whichever date is later, a transportation services agreement arising out of an action taken to qualify under (1) and (2) of this subsection for firm transportation capacity on the Alaska mainline; or  
			(B) as the holder of an inducement voucher issued to a person qualified under (A) of this paragraph for a transportation services agreement arising out of an action required to qualify under (1) and (2) of this subsection;  
		(4) file with the commissioners or be the holder of an inducement voucher obtained from a person that filed with the commissioners a complete copy of each of the following no later than 30 days after execution, or, under (E) of this paragraph, no later than 30 days after receipt of a request:  
			(A) the bid, precedent agreement, and transportation services agreement required to qualify under (1) - (3) of this subsection;  
			(B) an amendment to or termination of the bid, precedent agreement, or transportation services agreement required to qualify under (1) - (3) of this subsection;  
			(C) a bid, precedent agreement, or transportation services agreement, if any, arising out of a first binding open season for the Canada mainline;  
			(D) any amendment to or termination of the bid, precedent agreement, or transportation services agreement filed under (C) of this paragraph;  
			(E) other documents and information requested by the commissioners to determine qualification for resource inducements under AS 43.90  and this chapter; and  
		(5) submit, on a form provided by the commissioners, not later than 90 days after the issuance of a certificate of public convenience and necessity for the Alaska mainline, the agreement regarding rolling in expansion costs required by AS 43.90.320(c) or 43.90.330(d), as applicable.  
	(b)  A person eligible for an inducement voucher under AS 43.90.330 must execute the agreement set out in (a)(5) of this section no later than 90 days after issuance of a certificate of public convenience and necessity for the Alaska mainline, unless the person is eligible by reason of an agreement to transfer the inducement voucher, in which case the person must execute the agreement set out in (a)(5) of this section at the time of filing an application for transfer of the inducement voucher.  
	(c)  The commissioners may extend the deadline set out in (a)(2) of this section if they determine that an extension is in the best interest of the state. However, the commissioners will not extend the deadline later than December 5, 2011.  
	(d)  A person that has satisfied the requirements of (a) of this section and that claims a resource inducement under AS 43.90.320 and this chapter may file an application with the commissioners for a determination that the requirements of (a) of this section have been met. Upon receipt of the application, the commissioners will make a joint determination whether the applicant meets the requirements for qualification set out in (a) of this section. A person is not qualified for a resource inducement before application to the commissioners and approval by the commissioners under this section.  
	(e)  In this section, "Canada mainline" has the meaning given "Yukon - BC Section" in TransCanada Alaska Company LLC's original, November 30, 2007 application for license under AS 43.90. The definition of "Yukon - BC section" at page 12 of the glossary in that application is adopted by reference.  

Authorities

43.90.300;43.90.320;43.90.330;43.90.410

Notes

Reference

15 AAC 90.210
15 AAC 90.230

Authority

AS 43.90.300 AS 43.90.320 AS 43.90.330 AS 43.90.410

History

Eff. 4/30/2010, Register 194