Section 3.50.900. Applicability and waiver.

	(a)  Except as provided in (b) of this section, the net metering requirements set out in 3 AAC 50.900 - 3 AAC 50.949 apply to an electric utility that is subject to economic regulation.  
	(b)  The net metering requirements set out in 3 AAC 50.900 - 3 AAC 949 do not apply to  
		(1) an independent electric system owned and operated by an electric utility that is subject to economic regulation if, except for fossil fuel generation for standby and emergency power, 100 percent of the independent electric system's power is supplied by a facility that produces electric energy derived from one or more of the sources listed in 3 AAC 50.920(1)(A) - (H);  
		(2) an independent electric system owned and operated by an electric utility that is subject to economic regulation, if the independent electric system had total retail sales of less than 5,000,000 kilowatt-hours during the previous calendar year; or  
		(3) any portion of the distribution system of an electric utility that is subject to economic regulation, if the electric utility demonstrates to the commission that limiting  net metering installations in that portion of its distribution system is reasonably necessary to address system stability constraints or other operational issues.  
	(c)  A requirement in 3 AAC 50.900 - 3 AAC 50.949, other than one also required  by a provision of AS 42.05,  may be modified or waived, in whole or in part, by order of  the commission upon application and a showing of good cause or on the commissioner's own motion. Application for waiver must be in writing and set out the pertinent facts in sufficient detail to support a finding by the commission that no legitimate public interest  will be served by enforcing the requirement designated in the application. A  requirement in 3 AAC 50.900 - 3 AAC 50.949 that is also required by a provision of AS 42.05  may be modified or waived, in whole or in part, by order of the commission  upon application in writing and a showing that the modification or waiver is in the public  interest.  

Authorities

42.05.141;42.05.151;42.05.291;42.05.691;42.05.711

Notes

Reference

3 AAC 50.900
3 AAC 50.940
3 AAC 50.949

Authority

AS 42.05.141 AS 42.05.151 AS 42.05.291 AS 42.05.691 AS 42.05.711

History

Eff. 6/16/2010, Register 194