Section 3.52.700. Exempt water or wastewater utilities.

	(a)  A water or wastewater utility, is exempt from provisions of AS 42.05  requiring a certificate of public convenience and necessity or relating to economic regulation within the meaning of 3 AAC 48.820, if the water or wastewater utility  
		(1) collects or transports wastewater only by tank, wagon, or similar conveyance, unless the water or wastewater utility provides the service to a public utility that is an affiliated interest;  
		(2) provides water or wastewater service to a mobile home community exclusively, without a charge separate from the rent paid by tenants of that community; in this paragraph "mobile home community" means a piece of real property on which the owner develops for lease two or more sites for locating but not permanently affixing mobile homes;  
		(3) provides bulk water sales exclusively to water haul vehicles or individuals who self-haul water;  
		(4) serves fewer than 15 service connections;  
		(5) is a water utility that  
			(A) is within the service area of and receives bulk water service from a water utility with  
				(i) a certificate of public convenience and necessity; or   
				(ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738;  
			(B) and does not  
				(i) create a different pressure zone from the main;  
				(ii) provide additional treatment to the water supply before distribution;  
				(iii) sub-meter the water; or  
				(iv) require payment as a separate line-item on a bill; or  
		(6) is a wastewater utility that  
			(A) is within the service area of and receives bulk wastewater service from a wastewater utility with  
				(i) a certificate of public convenience and necessity; or   
				(ii) provisional certification under 3 AAC 52.720 - 3 AAC 52.738; and  
			(B) does not:  
				(i) treat the wastewater; or  
				(ii) require payment as a separate line-item on a bill.  
	(b)  Exemption from regulation under this section may be terminated as provided in AS 42.05.712(h) or by order of the commission for good cause.  
	(c)  A utility that is exempt under this section may apply for provisional certification by filing an application that complies with 3 AAC 52.722.  

Authorities

42.05.141;42.05.151;42.05.221;42.05.241;42.05.691;42.05.711;42.05.712

Notes

Reference

3 AAC 52.710
3 AAC 52.720
3 AAC 52.749

Authority

AS 42.05.141 AS 42.05.151 AS 42.05.221 AS 42.05.241 AS 42.05.691 AS 42.05.711 AS 42.05.712

History

Eff. 6/19/2004, Register 170; am 6/3/2007, Register 182