Sec. 43.90.150. Proprietary information and trade secrets.
(a) At the request of the applicant, information submitted under this chapter that the applicant identifies and demonstrates is proprietary or is a trade secret is confidential and not subject to public disclosure under AS 40.25. After a license is awarded, all information submitted by the licensee, retained under this chapter, and not determined by […]
Sec. 43.90.160. Notice, review, and comment.
(a) The commissioners shall publish notice and provide a 60-day period for public review and comment on all applications determined complete under AS 43.90.140. Except as provided under AS 43.90.150, all applications filed under this chapter shall be made public, including applications rejected as incomplete under AS 43.90.140. (b) Applications received under this chapter are […]
Sec. 43.90.170. Application evaluation and ranking.
(a) The commissioners shall evaluate all applications determined to be complete under AS 43.90.140, consider public comments received under AS 43.90.160(a), and rank each application according to the net present value of the anticipated cash flow to the state from the applicant’s project proposal using the factors in (b) of this section and weighted by […]
Sec. 43.90.180. Notice to the legislature of intent to issue license; denial of license.
(a) If, after consideration of public comments received under AS 43.90.160(a) and evaluation of complete applications under AS 43.90.170, the commissioners determine that an application proposes a project that will sufficiently maximize the benefits to the people of this state and merits issuance of a license under this chapter, the commissioners shall (1) issue a […]
Sec. 43.90.190. Legislative approval; issuance of license.
(a) After the presiding officer of each house of the legislature receives a determination from the commissioners under AS 43.90.180, the rules committee of each house of the legislature shall introduce a bill in the committee’s respective chamber that provides for the approval of the license proposed to be issued by the commissioners. (b) If […]
Sec. 43.90.200. Certification by regulatory authority and project sanction.
(a) A licensee that is awarded a certificate of public convenience and necessity from a regulatory agency with jurisdiction over the project shall accept the certificate on or before the date the order granting the certificate is no longer subject to judicial review. (b) If the licensee has credit support sufficient to finance construction of […]
Sec. 43.90.210. Amendment of or modification to the project plan.
Subject to the approval of the commissioners, a licensee may amend or modify its project plan if the amendment or modification improves the net present value of the project to the state, is necessary because of an order or requirement by a regulatory agency with jurisdiction over the project or by the Alaska Oil and […]
Sec. 43.90.220. Records, reports, conditions, and audit requirements.
(a) A licensee shall maintain complete and accurate records of all expenditures and commitments of state money received under this chapter, including receipts and records showing the payment or cost of purchased items and services, the names and addresses of the sellers and service providers, and the dates of service or delivery. (b) Upon reasonable […]
Sec. 43.90.230. License violations; damages.
(a) A licensee is in violation of the license if the commissioners determine that the licensee has (1) requested and received money from the state under this chapter for an expenditure that is not a qualified expenditure under AS 43.90.110; (2) except as required to conform with a requirement of a regulatory agency with jurisdiction […]
Sec. 43.90.240. Abandonment of project.
(a) If the commissioners and the licensee agree that the project is uneconomic, the project shall be abandoned, the inducement provided for in AS 43.90.110 shall be terminated, and, except for requirements imposed on the licensee under (e) of this section and AS 43.90.220, the state and the licensee no longer have an obligation under […]