2016 Op. Alaska Att'y Gen. 1 (2016)

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April 6, 2016


The Honorable Bill Walker
Governor
State of Alaska
P.O. Box 110001
Juneau, AK 99811-0001


       Re:    Interpretation of AS 42.05.711 (r)

Dear Governor Walker:

       You requested an opinion on whether the exemption from regulation by the
Regulatory Commission of Alaska (RCA') provided for in AS 42.05.711 (r) applies to
an expansion of a plant or facility that qualified for the exemption, if the expansion
occurs after January 1, 2016. A plain reading of the statute is ambiguous. But applying
the rules of statutory construction, I am of the opinion a court addressing the issue will
find that the exemption applies to a qualifying plant or facility that expands after January
1, 2016, as long as the plant or facility continues to meet the other eligibility
requirements.

       I.     Alaska Statute 42.05.711(r) creates an exemption from regulation by
              the Regulatory Commission of Alaska.

       The Alaska Public Utilities Regulatory Act (the Act) allows for RCA to, among
other things, regulate every public utility engaged or proposing to engage in a utility
business inside the state.' A public utility includes every corporation, company,
individual, or association that operates, manages, or controls a plant or facility that
furnishes, by generation, transmission, or distribution, electrical service to the public for


AS 42.05.141(a)(1).

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