Section 3 AAC 48.648 - Complete applications(a) The provisions of this section apply to applications subject to timelines under AS 42.05.175 and to pipeline applications filed under 3 AAC 48.625.(b) An application is complete when filed with the commission unless the application(1) is rejected by the commission under 3 AAC 48.650(a) within the 15 business days after the date the application was filed;(2) is accompanied by a request, described in (c) of this section, for waiver of a filing requirement, and the waiver request is subsequently denied;(3) is accompanied by a petition, described in (d) of this section, for confidential treatment that is subsequently denied, and the records filed under seal are withdrawn under the procedures stated at 3 AAC 48.047; or(4) does not include a proposed public notice of the application that complies with (e) of this section.(c) For the purposes of (b)(2) of this section, an applicant requesting a waiver of any filing requirement must file a separate motion for waiver, accompanying the application, in compliance with the filing requirements of 3 AAC 48.805. An interested person wishing to file a response to a waiver request must file that response with the commission by the end of the public comment period. The applicant requesting the waiver wishing to file a reply to the response must file that reply with the commission within the five business days after the end of the public comment period. The commission will by order grant or deny the waiver request within 30 days after the end of the public comment period. An application accompanied by a waiver request is(1) complete on the date the application is filed if all requested waivers of application filing requirements are granted and all other filing requirements are met; or(2) rejected without prejudice to refiling if any requested waiver of a filing requirement is denied.(d) For the purposes of (b)(3) of this section, an applicant requesting confidentiality on any component of an application must file a separate petition for confidential treatment, accompanying the application, in compliance with 3 AAC 48.045. An interested person wishing to file an opposition to the confidentiality petition must file the opposition with the commission by the end of the public comment period. The applicant seeking confidential treatment wishing to file a reply to the opposition must file that reply with the commission within the five business days after the end of the public comment period. The commission will by order grant or deny the confidentiality petition within 30 days after the end of the public comment period. An application accompanied by a petition for confidential treatment is (1) complete on the date the application was filed if the confidentiality petition is granted and all other filing requirements are met;(2) complete on the date the application was filed if the confidentiality petition is denied, the confidentiality proponent does not request to withdraw the record, and all other filing requirements are met; or(3) rejected without prejudice to refiling if the confidentiality petition is denied and the commission grants a petition to withdraw the record under 3 AAC 48.047.(e) An applicant shall file a proposed notice of the application with the commission, along with a purchase order reflecting that the applicant has arranged for publication of the notice in a newspaper of general circulation in this state. The notice must comply with 3 AAC 48.645 and contain (1) a general description of the service proposed by the application;(2) a request that interested parties file public comments with the commission at the address specified in the notice;(3) a deadline for the public comment period of 21 days from the date of publication of the notice;(4) a statement indicating whether any motions for waiver or petitions for confidentiality will be filed with the application, along with a description of the information subject to the motion for waiver or petition for confidentiality;(5) the physical and mailing address and telephone number of the applicant;(6) the commission's mailing address and website address;(7) a statement that the commission has not determined whether the application is complete;(8) a statement of the deadline for the commission to determine whether the application is complete; and(9) a statement that the application will be available for review at the offices of the commission upon filing, along with a statement of the date that the application will be filed with the commission.(f) Within five business days after the filing of an application and proposed notice, the commission will arrange for publication of the notice in a newspaper of general circulation in this state.(g) In this section, "business day" means a day other than Saturday, Sunday, or a state holiday.Eff. 10/16/2009, Register 192Authority:AS 42.04.080
AS 42.05.141
AS 42.05.151
AS 42.05.175
AS 42.05.221
AS 42.05.231
AS 42.05.241
AS 42.05.281
AS 42.05.661
AS 42.05.810
AS 42.06.140
AS 42.06.240
AS 42.06.250
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AS 42.06.270
AS 42.06.305