Section 3 AAC 48.090 - Filing, service, amendment and disposition of pleadings(a) A document is considered filed with the commission on the date it is officially received by the commission. If a party has the right, or is required, to perform some act within a prescribed period after notice or a pleading is served on that party, and the notice or pleading is served by United States mail or a similar delivery service, by hand, or by electronic means, the prescribed period begins the day after the date of certification of service. In computing any period of time prescribed or allowed by rule, order, or statute, the day of the act, event, or default after which the designated period of time begins to run is not included, in accordance with AS 01.10.080. If the last day of the period so computed is a Saturday, Sunday, or state legal holiday, the period runs until the end of the commission's next regular business day. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays are excluded in the computation. A filing, whether filed on paper or electronically, that the commission receives on a Saturday, Sunday, or state legal holiday, or that the commission receives after 5:00 p.m. on a business day, will be treated as officially received the next business day. The commission will not accept a filing unless the commission receives it free of any delivery charge or claim. In a specific proceeding, the commission may set a deadline that modifies when a filing will be accepted.(b) Unless otherwise directed by the commission, service of pleadings, orders, and other documents is valid and complete if made in accordance with this subsection, as follows: (1) except as provided in (3) of this subsection, service is completed by(A) the commission when it(i) issues an order by hand, by United States mail or a similar delivery service, or by electronic means to the parties of record; or(ii) publishes an order in an informational or regulations proceeding on the commission's website;(B) a party when the party files electronically with the commission through the commission's website in accordance with 3 AAC 48.095 and the party successfully sends notification and a copy of the filing by electronic mail to the other parties, or to their attorneys of record or other authorized representatives;(C) a party when the party files with the commission on paper in accordance with (3) of this subsection and the party serves notification and its filing to other parties, or their attorney of records or other authorized representatives by hand or by United States mail or a similar delivery service;(2) a party with electronic mail shall provide the commission and other parties with the party's electronic mail address; a party shall make and accept service electronically, instead of by paper copies, in docketed proceedings; compliance with this requirement is achieved by including the electronic mail address within the signature block of submitted pleadings in accordance with 3 AAC 48.095(h) or within the letterhead or signature block of other correspondence; concurrent with the party's first filing in the proceeding; a party that is technologically unable to send or receive electronic documents in accordance with this subsection shall indicate in the signature block "no electronic mail address"; parties shall serve other parties electronically as follows: (A) the sending party shall use electronic mail to complete service to all other parties in docketed proceedings; a sending party may not substitute paper service for electronic service on another party, unless both parties agree to be served in this manner;(B) parties are responsible for coordinating with each other regarding proper electronic mail addresses, file size limitations, filters, and other technical matters that might affect electronic service; unless the parties agree otherwise, an electronic mailing, including its attachments, may not exceed 10 megabytes; a sending party may divide service into multiple electronic mailings to accommodate electronic mailbox size restrictions, if each electronic mailing clearly identifies the division;(C) electronic service to another party may be completed either by providing the files as attachments to an electronic mailing or by including hyperlinks to the files in an electronic mailing; submissions to the commission may not include hyperlinks;(3) unless otherwise directed by the commission, a party filing on paper in accordance with 3 AAC 48.095(l), filing oversized documents in accordance with 3 AAC 48.025(c), or filing confidential material shall complete service by delivering in person, or by United States mail or a similar delivery service, (A) an original and, if possible, a compact disc containing the file formats approved by the commission in accordance with 3 AAC 48.095(d) - (f) and containing the filing made to the commission; the party shall clearly label the compact disc with the party's name, docket number, type of pleading, date of submission, and file names; the party shall also provide signed verification that the documents contained on the compact disc are an exact replica of the documents filed with the commission in accordance with this section;(B) five copies of each document to the commission, with one additional copy for each additional docket if the matter is a consolidated proceeding; documents exceeding 11 inches by 17 inches and filed under 3 AAC 48.025(c) are not subject to this subparagraph; however, the party shall supplement the party's filing with additional copies if requested to do so by the commission after filing; and(C) one copy to each other party's attorney of record or other authorized representative, or to the other party if the other party is unrepresented; a party filing oversized documents or filing confidential materials on paper to the commission must provide electronic service of those documents to other parties in docketed proceedings in accordance with (2) of this subsection, unless the sending and receiving party agree to alternative means of service;(4) a sending party may substitute electronic service for paper service of confidential material on another party, if both parties agree to be served in this manner;(5) service between parties under this subsection must be completed no later than 5:00 p.m., absent agreement of the parties.(c) Pleadings shall be liberally construed and any defect that does not substantially affect the rights of the parties will, in the commission's discretion, be disregarded. Subject to any conditions it may impose, the commission may allow a pleading to be amended, withdrawn, corrected, supplemented or to be made orally with written notice to any other party. Pleadings that are considered grossly defective may, in the commission's discretion, be disregarded or rejected and returned to the pleading party together with an explanation, in writing, of the reason for the action taken.(d) At any stage of the proceeding, prior to entry of a commission's final order (1) an application or petition may be withdrawn without order of the commission by filing a notice of withdrawal;(2) the proceeding may be terminated by filing a stipulation agreed to by all parties of record provided the commission does not find that the public interest requires the proceeding to be continued;(3) a party shall promptly file an amendment to any pleading explaining any changed facts or circumstances if, after the date of the original pleading, there is a significant change in the information required to be shown in pleadings by 3 AAC 48.010 - 3 AAC 48.170 or in regard to any other relevant matter; or(4) the commission may, for reasons stated in its order, terminate a proceeding at the request of an interested party or on its own motion.(f) If a pleading is filed with the commission setting out a violation or omission by any party, the respondent has the right to satisfy or answer the complaint according to the following: (1) Any party against whom such a pleading is directed who wishes to defend or contest it, or to make any representation to the commission in connection with it, shall file with the commission and serve on the petitioner and all parties, a written answer to the pleading within 20 days after service of the pleading upon that party, unless for good cause, the commission extends or shortens the time within which answers may be made. Answers must be so drawn as to inform the commission and all parties of record fully and completely as to the nature of the answer, and must specifically admit or deny in detail all material allegations of the pleading against which the answer is directed. Matters alleged by way of cross-complaint or affirmative defense must be separately stated and numbered. The commission will, in its discretion, order a respondent to file an answer if it considers that action necessary. If a party fails to answer within the time specified in this paragraph, the party is considered to have denied generally the allegation of the complaint or petition and is precluded, except with the consent of opposing parties and the commission, from setting up an affirmative defense in the proceeding; the commission will proceed with the matter solely upon the issues set out in the complaint or petition. Answers are not required in a rate proceeding initiated as a result of a tariff filing.(2) A party may amend its pleading once, as a matter of course, at any time before a responsive pleading is served. If the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the hearing calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend its pleading only by permission of the commission. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the commission otherwise orders.(g) A party desiring to reply to an answer shall serve the commission within 20 days after service of the answer.(h) If the commission so orders in any proceeding, any application, petition, complaint, motion, or other document designated by the commission shall be served by the party that submitted the filing on all persons whom the commission determines may be affected by the proceeding. After a proceeding has been instituted, each answer, motion, or other document subsequently filed by any party must be served on all attorneys and parties of record concurrently with the filing of that document with the commission together with roof of service.(i) Whenever, by rule or order, an act is required or allowed to be performed on or before a specified date, the commission, for cause shown, may (1) on its own initiative or pursuant to motion and with or without notice, order the period extended if the order is issued prior to the date originally specified; or(2) pursuant to motion, with notice given after the expiration of the specified period, permit the act to be performed provided the failure to act was the result of excusable neglect or oversight, but a permission thus granted shall not relieve a party from complying with additional requirements the commission may specify for obtaining relief from a particular failure.(j) A formal proceeding shall not be terminated without issuing at least one order containing the commission's findings, conclusions and decision. If final order of the commission is reconsidered or subject to judicial review, the proceeding shall be reopened under the same docket number until the issues being reconsidered or reviewed have been resolved and no further action by the commission is required.Eff. 1/13/73, Register 44; am 6/29/84, Register 90; am 8/6/92, Register 123; am 5/5/2000, Register 154; am 2/16/2012, Register 201; am 11/6/2016, Register 220, January 2017Authority:AS 42.04.080
AS 42.05.141
AS 42.05.151
AS 42.06.055
AS 42.06.140