Alaska Stat. § 42.05.241
Conditions of issuance
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Sec. 42.05.241. Conditions of issuance.
A certificate may not be issued unless the commission finds that the applicant is fit, willing, and able to provide the utility services applied for and that the services are required for the convenience and necessity of the public. The commission may issue a certificate granting an application in whole or in part and attach to the grant of it the terms and conditions it considers necessary to protect and promote the public interest including the condition that the applicant may or shall serve an area or provide a necessary service not contemplated by the applicant. The commission may, for good cause, deny an application with or without prejudice.
A certificate may not be issued unless the commission finds that the applicant is fit, willing, and able to provide the utility services applied for and that the services are required for the convenience and necessity of the public. The commission may issue a certificate granting an application in whole or in part and attach to the grant of it the terms and conditions it considers necessary to protect and promote the public interest including the condition that the applicant may or shall serve an area or provide a necessary service not contemplated by the applicant. The commission may, for good cause, deny an application with or without prejudice.
Notes of Decisions
Cited in 4
cases, 1992–2002 · leading case: Colville Environmental Services, Inc. v. North Slope Borough
Colville Environmental Services, Inc. v. North Slope Borough (1992)
“6 The Commission is empowered to attach conditions to a certificate of public convenience and necessity under AS 42.05.241: A certificate may not be issued unless the commission finds that the applicant is fit, willing and able to provide the utility service applied for and that…”
Alaska Federation for Community Self-Reliance v. Alaska Public Utilities Commission (1994)
“221 and AS 42.05.241 APUC is required to consider all factors bearing on the convenience and necessity of the public, including environmental costs or impacts.”
Chugach Electric Ass'n v. Regulatory Commission (2002)
“Under AS 42.05.241, "a certificate may not be issued unless the commission finds that the applicant is fit, willing, and able to provide the utility services applied for and that the services are required for the convenience and necessity of the public.”
United Utilities, Inc. v. Alaska Public Utilities Commission (1997)
“” The APUC has stated that under AS 42.05.241, “[w]here competing applicants seek a certificate that may be issued only to one entity, the [APUC] must select the applicant it considers the most fit, willing and able of those who demonstrate threshold levels of fitness,…”
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