3 Alaska Admin. Code § 106.900

Current through October 17, 2024

Section 3 AAC 106.900 - Definitions

(a) In this chapter, unless the context requires otherwise,

(1) deleted;

(2) repealed 4/8/2015;

(3) deleted;

(4) "regional corporation" means an Alaska Native regional corporation established under the laws of this state in accordance with the provisions of 43 U.S.C. 1601 - 1629(e) (Alaska Native Claims Settlement Act).

(b) In AS 42.45, unless the context requires otherwise, "nonprofit marketing cooperative" means a cooperative organized under AS 10.15 (Alaska Cooperative Corporation Act), which is operated on a nonprofit basis for the mutual benefit of its members and which has bylaws containing provisions relating to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit and cooperative character, or a cooperative organized under AS 10.25 (Electric and Telephone Cooperative Act) that exercises the powers granted to an electric cooperative by AS 10.25.020.

(c) In AS 42.45 and this chapter, unless the context requires otherwise,

(1) "economically viable" means

(A) a project for which the long term benefits exceed the long term costs; or

(B) the project is financially feasible in the absence of a government grant for the project;

(2) "extension of electric service" means the point when at least three new customers begin receiving electric service through an extension made in connection with a loan from the rural electrification revolving loan fund;

(3) "immediate service" means electric service provided within 30 days after completion of the extension of electric service made in connection with a loan from the rural electrification revolving loan fund;

(4) "village corporation" means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage, and distribute land, property, money, and other rights and assets for and on behalf of a native village in accordance with the terms of the Alaska Native Claims Settlement Act ( PL 920-203);

(5) "village council" means the duly elected governing body of an unincorporated community which has between 25 and 600 people residing within a two-mile radius;

(6) "authority" means the Alaska Energy Authority created in AS 44.83.020.

(d) In AS 42.45.010, "independent power producer" means a corporation, person, agency, authority, or other legal entity or instrumentality, that is not a utility and that owns or operates a facility for the generation or production of electric or thermal energy for use by the residents, local government, or businesses of one or more municipalities or unincorporated communities recognized by the Department of Commerce, Community, and Economic Development for community revenue sharing under AS 29.60.850-29.60.879 and 3 AAC 180.

(e) In AS 42.45.010 and this chapter,

(1) "alternative energy"

(A) means energy or fuel that is used for production of electricity, heat, or mechanical power, and that is derived from renewable or local sources other than liquid petroleum;

(B) includes

(i) wind, solar, geothermal, hydroelectric, and biomass power sources; and

(ii) local sources of coal and natural gas;

(2) "alternative energy facility" means a facility that generates or produces alternative energy;

(3) "electric utility" has the meaning given the term "public utility" in AS 42.05.990(6)(A).

3 AAC 106.900

Eff. 2/16/96, Register 137; am 10/16/2009, Register 192; am 4/8/2015, Register 214, July 2015

As of Register 205 (April 2013), and acting under AS 44.62.125(b)(6), the regulations attorney deleted the definition of "fiscal note" formerly set out in 3 AAC 106.900(a), to reflect the enactment of ch. 46, SLA 2012. Effective January 1, 2013, ch. 46, SLA 2012 made statutory changes with respect to the bulk fuel revolving loan program, transferring authority over that program from the Alaska Energy Authority to the division in the Department of Commerce, Community, and Economic Development that is responsible for community and regional affairs. Accordingly, the regulations attorney deleted former 3 AAC 106.300 - 3 AAC 106.365. Because the term "fiscal year" appeared only in the deleted provisions, the regulations attorney deleted the now obsolete definition for that term.

As of Register 208 (January 2014), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical change to 3 AAC 106.900(a) (4) to correct a manifest printing error.

In 2010 and 2012 the revisor of statutes - acting under AS 01.05.031 and codifying changes that appear in sec. 10, ch 16, SLA 2010 and sec. 5, ch. 51, SLA 2012 - realphabetized definitions in AS 42.05.990, so that the paragraph originally numbered AS 42.05.990(4) is now numbered AS 42.05.990(6). As of Register 211 (October 2014), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to 3 AAC 106.900(e), so that a cross-reference to former AS 42.05.990(4)(A) now refers to the renumbered provision, AS 42.05.990(6)(A).

Authority:AS 42.45.010

AS 44.83.080