Alaska Statutes
Alaska Stat. § 42.05.421 (2026)
Suspension of tariff filing
✓ current as of July 2026
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Sec. 42.05.421. Suspension of tariff filing.
(a) When a tariff filing is made containing a new or revised rate, classification, rule, regulation, practice, or condition of service the commission may, either upon written complaint or upon its own motion, after reasonable notice, conduct a hearing to determine the reasonableness and propriety of the filing. Pending the hearing the commission may, by order stating the reasons for its action, suspend the operation of the tariff filing. For a tariff filing that does not change the utility's revenue requirement or rate design, the suspension may last for a period not longer than six months beyond the effective date established in the tariff filing unless the commission extends the period for good cause. For a tariff filing that changes the utility's revenue requirement or rate design, the suspension may last, unless the commission extends the period for good cause, for a period not longer than
(1) six months before an interim rate equal to the requested rate goes into effect and not longer than 12 months before a permanent rate goes into effect if the annual gross revenues of the utility making the filing are more than $3,000,000; and
(2) 150 days before an interim rate equal to the requested new rate goes into effect and not longer than one year before a permanent rate goes into effect if the annual gross revenues of the utility making the filing are $3,000,000 or less.
(b) An order suspending a tariff filing may be vacated if, after investigation, the commission finds that it is in all respects proper. Otherwise the commission shall hold a hearing on the suspended filing and issue its order, before the end of the suspension period, granting, denying or modifying the suspended tariff in whole or in part.
(c) In the case of a proposed increased rate, the commission may by order require the interested public utility or utilities to place in escrow in a financial institution approved by the commission and keep accurate account of all amounts received by reason of the increase, specifying by whom and in whose behalf the amounts are paid. Upon completion of the hearing and decision the commission may by order require the public utility to refund to the persons in whose behalf the amounts were paid, that portion of the increased rates which was found to be unreasonable or unlawful. Funds may not be released from escrow without the commission's prior written consent and the escrow agent shall be so instructed by the utility, in writing, with a copy to the commission. The utility may, at its expense, substitute a bond in lieu of the escrow requirement.
(d) One who initiates a change in existing tariffs shall bear the burden to prove the reasonableness of the change.
(a) When a tariff filing is made containing a new or revised rate, classification, rule, regulation, practice, or condition of service the commission may, either upon written complaint or upon its own motion, after reasonable notice, conduct a hearing to determine the reasonableness and propriety of the filing. Pending the hearing the commission may, by order stating the reasons for its action, suspend the operation of the tariff filing. For a tariff filing that does not change the utility's revenue requirement or rate design, the suspension may last for a period not longer than six months beyond the effective date established in the tariff filing unless the commission extends the period for good cause. For a tariff filing that changes the utility's revenue requirement or rate design, the suspension may last, unless the commission extends the period for good cause, for a period not longer than
(1) six months before an interim rate equal to the requested rate goes into effect and not longer than 12 months before a permanent rate goes into effect if the annual gross revenues of the utility making the filing are more than $3,000,000; and
(2) 150 days before an interim rate equal to the requested new rate goes into effect and not longer than one year before a permanent rate goes into effect if the annual gross revenues of the utility making the filing are $3,000,000 or less.
(b) An order suspending a tariff filing may be vacated if, after investigation, the commission finds that it is in all respects proper. Otherwise the commission shall hold a hearing on the suspended filing and issue its order, before the end of the suspension period, granting, denying or modifying the suspended tariff in whole or in part.
(c) In the case of a proposed increased rate, the commission may by order require the interested public utility or utilities to place in escrow in a financial institution approved by the commission and keep accurate account of all amounts received by reason of the increase, specifying by whom and in whose behalf the amounts are paid. Upon completion of the hearing and decision the commission may by order require the public utility to refund to the persons in whose behalf the amounts were paid, that portion of the increased rates which was found to be unreasonable or unlawful. Funds may not be released from escrow without the commission's prior written consent and the escrow agent shall be so instructed by the utility, in writing, with a copy to the commission. The utility may, at its expense, substitute a bond in lieu of the escrow requirement.
(d) One who initiates a change in existing tariffs shall bear the burden to prove the reasonableness of the change.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1975–2024 · leading case: Matanuska Elec. Ass'n v. Chugach Elec. Ass'n, 53 P.3d 578 (Alaska 2002).
Matanuska Elec. Ass'n v. Chugach Elec. Ass'n, 53 P.3d 578 (Alaska 2002). “Under AS 42.05.421, however, the commission does have the power to conduct a hearing upon its own motion "to determine the reasonableness and propriety of the filing.”
United States v. RCA Alaska Commc'ns, Inc., 597 P.2d 489 (Alaska 1979). “AS 42.05.421 authorizes the APUC to suspend operation of new or revised *496 rates for an initial period of no longer than six months; before the end of the suspension period, the commission is required to hold a hearing and to issue its order on the suspended tariff.”
Alaska Pub. Utils. Comm'n v. Greater Anchorage Area Borough, 534 P.2d 549 (Alaska 1975). “However, AS 42.05.421(a) imposes a six-month limitation on the authority of the Commission to suspend a new tariff filing.”
Far North Sanitation, Inc. v. Alaska Pub. Utils. Comm'n, 825 P.2d 867 (Alaska 1992). “AS 42.05.421(c). Given that AS 42.05.421(c) establishes a specific and detailed procedure for declaring a rate interim, Far North concludes that the legislature did not intend to grant APUC broad powers to declare rates interim.”
Glacier State Tel. Co. v. Alaska Pub. Utils. Comm'n, 724 P.2d 1187 (Alaska 1986). “AS 42.05.421 provides in part: • Suspension of Tariff Filing.”
Alaska Exch. Carriers Ass'n v. Regulatory Comm'n, 262 P.3d 204 (Alaska 2011). “411(a) and AS 42.05.421. [45] Id. at 585 . [46] Id. at 585-86 (internal citations and quotation marks omitted; emphasis added).”
Jager v. State, 537 P.2d 1100 (Alaska 1975). “” AS 42.05.421(d). To show that the commission violated the legislative mandate Jager points to the following language in the commission order: “Unless significant abuses are evident the commission does not intend to substitute its judgment for the judgment of the management of…”
Alaska Pub. Utils. Comm'n v. Mun. of Anchorage, 902 P.2d 783 (Alaska 1995). “Presumably ATU refers to AS 42.05.421(c), which provides for refunds of rates collected under interim rate increases in effect while the Commission studies the increase.”
Golden Heart Utils., Inc. & Coll. Utils. Corp. v. Regulatory Comm'n of Alaska; Off. of the Attorney Gen. Regulatory Affairs & Pub. Advocacy Section; Fountainhead Dev., Inc.; Greater Fairbanks Cmty. Hosp. Found., Inc.; Found. Health, LLC; JL Props., Inc.; Timmons & Larson, Inc., MV Investments LLC, D/B/A Sunrise Bagel & Espresso; Pac. Rim Assocs. I, Inc., D/B/A Clarion Hotel & Suites; H2O 2U LLC D/B/A Water Wagon; & Univ. of Alaska Fairbanks (Alaska 2024). “aspx?id=ad97aaf1-79a5- 4fd9-b5d2-fa60e7dc3e42 (hereinafter Order 1); see AS 42.05.421(a) (“When a tariff filing is made containing a new or revised rate .”
Alaska Pub. Utils. Comm'n v. Mun. of Anchorage, 579 P.2d 1071 (Alaska 1978). “The Commission further ordered, pursuant to AS 42.05.421(c), that ATU put any amounts thus received into an escrow account at a reasonable rate of interest.”
— Alaska Stat. § 42.05.421(a) — 2 cases
Alaska Pub. Utils. Comm'n v. Greater Anchorage Area Borough, 534 P.2d 549 (Alaska 1975). “However, AS 42.05.421(a) imposes a six-month limitation on the authority of the Commission to suspend a new tariff filing.”
Golden Heart Utils., Inc. & Coll. Utils. Corp. v. Regulatory Comm'n of Alaska; Off. of the Attorney Gen. Regulatory Affairs & Pub. Advocacy Section; Fountainhead Dev., Inc.; Greater Fairbanks Cmty. Hosp. Found., Inc.; Found. Health, LLC; JL Props., Inc.; Timmons & Larson, Inc., MV Investments LLC, D/B/A Sunrise Bagel & Espresso; Pac. Rim Assocs. I, Inc., D/B/A Clarion Hotel & Suites; H2O 2U LLC D/B/A Water Wagon; & Univ. of Alaska Fairbanks (Alaska 2024). “aspx?id=ad97aaf1-79a5- 4fd9-b5d2-fa60e7dc3e42 (hereinafter Order 1); see AS 42.05.421(a) (“When a tariff filing is made containing a new or revised rate .”
— Alaska Stat. § 42.05.421(c) — 5 cases
Far North Sanitation, Inc. v. Alaska Pub. Utils. Comm'n, 825 P.2d 867 (Alaska 1992). “AS 42.05.421(c). Given that AS 42.05.421(c) establishes a specific and detailed procedure for declaring a rate interim, Far North concludes that the legislature did not intend to grant APUC broad powers to declare rates interim.”
Alaska Pub. Utils. Comm'n v. Greater Anchorage Area Borough, 534 P.2d 549 (Alaska 1975). “However, AS 42.05.421(a) imposes a six-month limitation on the authority of the Commission to suspend a new tariff filing.”
Alaska Pub. Utils. Comm'n v. Mun. of Anchorage, 902 P.2d 783 (Alaska 1995). “Presumably ATU refers to AS 42.05.421(c), which provides for refunds of rates collected under interim rate increases in effect while the Commission studies the increase.”
Golden Heart Utils., Inc. & Coll. Utils. Corp. v. Regulatory Comm'n of Alaska; Off. of the Attorney Gen. Regulatory Affairs & Pub. Advocacy Section; Fountainhead Dev., Inc.; Greater Fairbanks Cmty. Hosp. Found., Inc.; Found. Health, LLC; JL Props., Inc.; Timmons & Larson, Inc., MV Investments LLC, D/B/A Sunrise Bagel & Espresso; Pac. Rim Assocs. I, Inc., D/B/A Clarion Hotel & Suites; H2O 2U LLC D/B/A Water Wagon; & Univ. of Alaska Fairbanks (Alaska 2024). “aspx?id=ad97aaf1-79a5- 4fd9-b5d2-fa60e7dc3e42 (hereinafter Order 1); see AS 42.05.421(a) (“When a tariff filing is made containing a new or revised rate .”
Alaska Pub. Utils. Comm'n v. Mun. of Anchorage, 579 P.2d 1071 (Alaska 1978). “The Commission further ordered, pursuant to AS 42.05.421(c), that ATU put any amounts thus received into an escrow account at a reasonable rate of interest.”
— Alaska Stat. § 42.05.421(d) — 2 cases
Jager v. State, 537 P.2d 1100 (Alaska 1975). “” AS 42.05.421(d). To show that the commission violated the legislative mandate Jager points to the following language in the commission order: “Unless significant abuses are evident the commission does not intend to substitute its judgment for the judgment of the management of…”
Golden Heart Utils., Inc. & Coll. Utils. Corp. v. Regulatory Comm'n of Alaska; Off. of the Attorney Gen. Regulatory Affairs & Pub. Advocacy Section; Fountainhead Dev., Inc.; Greater Fairbanks Cmty. Hosp. Found., Inc.; Found. Health, LLC; JL Props., Inc.; Timmons & Larson, Inc., MV Investments LLC, D/B/A Sunrise Bagel & Espresso; Pac. Rim Assocs. I, Inc., D/B/A Clarion Hotel & Suites; H2O 2U LLC D/B/A Water Wagon; & Univ. of Alaska Fairbanks (Alaska 2024). “aspx?id=ad97aaf1-79a5- 4fd9-b5d2-fa60e7dc3e42 (hereinafter Order 1); see AS 42.05.421(a) (“When a tariff filing is made containing a new or revised rate .”
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