Alaska Stat. » Chapter 42.05

Alaska Stat. § 42.05.271

Modification, suspension, or revocation of certificates

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Sec. 42.05.271. Modification, suspension, or revocation of certificates.
Upon complaint or upon its own motion the commission, after notice and opportunity for hearing and for good cause shown, may amend, modify, suspend, or revoke a certificate, in whole or in part. Good cause for amendment, modification, suspension, or revocation of a certificate includes
     (1) the requirements of public convenience and necessity;

     (2) misrepresentation of a material fact in obtaining the certificate;

     (3) unauthorized discontinuance or abandonment of all or part of a public utility's service;

     (4) wilful failure to comply with the provisions of this chapter or the regulations or orders of the commission; or

     (5) wilful failure to comply with a term, condition, or limitation of the certificate.




Notes of Decisions
Cited in 5 cases, 1974–2002 · leading case: Tlingit-Haida Regional Electrical Authority v. State
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Tlingit-Haida Regional Electrical Authority v. State (2001) alaska · cites it 4× “Given that AS 42.05.271 broadly authorizes the commission to modify any certificate for good cause "[ulpon complaint or upon its own motion," given THREA's actual knowledge, early on, that the commission would consider the option of modifying either or both certificates, and…”
North State Telephone Co. v. Alaska Public Utilities Commission (1974) alaska · cites it 4× “(2) This order is without prejudice to the authority of the Commission to consider revocation of the subject certificate at a later time for reasons specified in AS 42.05.271 or for such other lawful cause as may be shown to exist.”
Alaska Public Utilities Commission v. Chugach Electric Ass'n (1978) alaska · cites it 2× “This subsection was supplemented by AS 42.05.271, which provides for the modification, suspension or revocation of certificates for several listed reasons, including the requirements of public convenience and necessity.”
Colville Environmental Services, Inc. v. North Slope Borough (1992) alaska · cites it 2× “AS 42.05.271 provides in part: Upon complaint or upon its own motion, the commission, after notice and opportunity for hearing and for good cause shown, may amend, modify, suspend or revoke a certificate, in whole or in part.”
Chugach Electric Ass'n v. Regulatory Commission (2002) alaska “Under AS 42.05.271, these certificates can be revoked or suspended by the commission on complaint or on its own motion after good cause is shown.”
— Alaska Stat. § 42.05.271(1) — 1 case
Tlingit-Haida Regional Electrical Authority v. State (2001) alaska “Given that AS 42.05.271 broadly authorizes the commission to modify any certificate for good cause "[ulpon complaint or upon its own motion," given THREA's actual knowledge, early on, that the commission would consider the option of modifying either or both certificates, and…”
— Alaska Stat. § 42.05.271(4) — 1 case
North State Telephone Co. v. Alaska Public Utilities Commission (1974) alaska “(2) This order is without prejudice to the authority of the Commission to consider revocation of the subject certificate at a later time for reasons specified in AS 42.05.271 or for such other lawful cause as may be shown to exist.”
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